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<br /> s' 9�(�368'� NEBRASKA 66200104940960001
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<br /> '� DEED OF TRUST o0483//MLR25
<br /> �
<br /> ,
<br /> ' ;:BQRRi7WER ;::: _ GRpNTOR'. ' `
<br /> ...ERNSST J. RSI88 HOLLIS L. FITCH. ' � �
<br /> Chad Fitch, wife and husband C
<br /> Ernst Reiss, single person
<br /> ADDaESB isADDRESS
<br /> 1505 9TH 8T 8
<br /> BBATRICE, NB 683104924
<br /> TEL6PNQNETJd :::: "IU�NTIFICATIONN�?. 'TELEPHONE;NO 1DENT�ICATIfJNNO.
<br /> _...: _: __:: _ ,
<br /> 508-60-9597
<br /> TRUSTEE: U.S. HANK NATIONAL ASBOCIATION .
<br /> FARGO, ND 58103
<br /> n consi eration o t e oan or ot er cre it accommo at�on eremafler speci ie an any uture a ances or ulure b igations,as e ine herem,which
<br /> may hereinafler be advanced or incurred and the trusl hereinaher mentioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Grantor hereby irrevocably warranis, bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of D.S. HANR NATIONAL ASSOCIATION ND
<br /> ("Lender"), ihe
<br /> beneficiary under ihis Deed of Trusi,under and subject to the terms and conditions herein set forih,wilh right of eniry and possession all of Grantor's present
<br /> and future estate,right,title and interest in and to the real property described in Schedule A which is attached to ihis Deed of Trust and incorporaled herein
<br /> by ihis reference,logether with all present and future improvements and fixtures;all tangible personal property including without timitation all machinery,
<br /> equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with the real
<br /> property,whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development rights associated with the Property,
<br /> whether previously or subsequently transferred to the Property from other reai property or now or hereafter susceptible of transfer from this Property to other
<br /> real property;leases,licenses and other agreements;renis,issues and profits;water,well,dilch,reservoir and mineral rights and stocks pertaining to the real
<br /> property (cumulatively"Property");to have and to hold the Property and lhe rights hereby granted for the use and benefit of Lender, his successors and
<br /> assigns,until payment in full.of all Obligations secured hereby.
<br /> Moreover,in further consideration,Granlor does,for Grantor and Grantor's heirs,representatives and assigns,hereby expressly warranl,covenant,and
<br /> agree with Lender and Trustee and their successors and assigns as follows:
<br /> 1. OBLIGATIONS. This Deed ef Trust shall secure ihe payment and performance of all present and future indebtedness, liabilities, obligations and
<br /> covenants of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements:
<br /> pplhiC.tppL AM�UNT� ':i I�tAT� iNA'1'liRl7Y : LnAh�;:
<br /> , ; '
<br /> ' :::.CFI�RIT.�,[N[4T IkqfiE�M�,N.7�AT� :: DA'!F >. Nl1MBER.. ,
<br /> 58,900.00 04/08/99 04/08/19 66200104940960001
<br /> (b)all other presen or uture,written agreements wit en r t at re er speci ica y to t is ee o rust w e er execu or e same or different
<br /> purposes than the foregoing);
<br /> (c) any guaranty of obligations of other parties given to Lender now or hereafter execuled thal refers to this Deed of Trusi;
<br /> (d) future advances,whether obligatory or optional,to the same extent as if made contemporaneously with the execution of this Deed of Trust,made or
<br /> extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credii,the lien of this Deed of Trust shall continue
<br /> until payment in full of all debt due under the line notwithstanding ihe fact that from time to time(but before termination of the line)no balance may be
<br /> outstanding. At no iime during the term of this Deed of Trust or any extension thereof shall the unpaid and outstanding secured principal future
<br /> advances,not including sums advanced by Lender to protect ihe security of this Deed of Trust,exceed the following amount: $ se_9on_no
<br /> This provision shall not constitute an obligation upon or corrxnitment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modificalions,repiacemenis or substitutions to any of ihe foregoing.
<br /> As used in this Paragraph 1,the terms Grantor and Borrower shail include and a►so mean any Grantor or Borrower if more than one.
<br /> 2. REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represents,warrants and covenants to Lender ihat:
<br /> (a) Grantor has fee sirt�le marketable title to ihe Property and shaii maintain the Property free of a�l liens,security interesis,encumbrances and claims
<br /> except for this Deed of Trust and those described in Schedule B,which is ariached to ihis Deed of Trust and incorporated herein by reference,which
<br /> Grantor agrees to pay and perform in a timely manner;
<br /> (b) Grantor is in compliance in all respects with all applicable federal,state and local laws and regulations,including,without limitation,ihose relating to
<br /> "Hazardous Materials,"as defined herein, and other environmental matters(the "Environmental Laws"),and neither the federal government nor any
<br /> other governmental or quasi governmental entity has filed a lien on lhe Property,nor are there any governmental,judicial or administrative actions with
<br /> respeot to environmental matters pending,or►o the best of the Granto�s knowledge,threatened,which involve the Property. Neither Grantor nor,to the
<br /> best of Grantor's knowledge, any other party has used, generated, released,discharged, stored,or disposed of any Hazardous Materials as defined
<br /> herein,in connection with lhe Property or lransported any Hazardous Materials to or from ihe Property. Grantor shall not corrxnit or permit such actions
<br /> to be taken in the future. The term "Hazardous Materiais" shall mean any substance, material, or waste which is or becomes regulated by any
<br /> governmental aulhorily including,but not limited lo,(i)petroleum;(ii)iriabie or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wasles designated as a"hazardous substance"pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the
<br /> Clean Water Act or any amendmenis or replacements lo ihese statutes; (v)ihose substances, materials or wastes defined as a "hazardous waste"
<br /> pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) ihose
<br /> substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of ihe Comprehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendments or replacemenis to that statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance now or hereafler in effect. Grantor shall not lease or permit the sublease of lhe Property to a tenant or subtenant whose operations may
<br /> result in contamination of ihe Property with Hazardous Materials or toxic subslances;
<br />
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