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<br />DAVID W. FRIES DAVID W. FRIES and SHARON A. FRIES,
<br />SHARON A. FRIES HUSBAND AND WIFE
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<br />ADDRESS ADDRESS
<br />304 SUEZ, S
<br />CAIRO, NE 68824
<br />TCI GQLI!\klC At^ FACASTICI!^ATI/1A1 AfYk TCI �QLI/1A1C AIA lE1CA/TIC1Y\ATIAAI Al!'1
<br />TRUSTEE: U. S. BANK TRUST COMPANY, NATIONAL ASSOCIATION
<br />PORTLAND, OR 97204
<br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein,
<br />which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and
<br />sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee,
<br />his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of U.S. BANK NATIONAL ASSOCIATION ND
<br />( "Lender "),the beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all
<br />of Grantor's present and future estate, right, title and interest in and to the real property described in Schedule A which is attached to this Deed of Trust
<br />and incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property including
<br />without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or
<br />used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development
<br />rights associated with the Property, whether previously or subsequently transferred to the Property from other real property or now or hereafter
<br />susceptible of transfer from this Property to other real property; leases, licenses and other agreements; rents, issues and profits; water, well, ditch,
<br />reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property "); to have and to hold the Property and the rights hereby
<br />granted for the use and benefit of Lender, his successors and assigns, until payment in full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant, covenant,
<br />and agree with Lender and Trustee and their successors and assigns as follows:
<br />1. OBLIGATIONS. This Deed of Trust shall secure the 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 />PRINCIPALAMOUNT/
<br />CREDIT
<br />AMOUNT
<br />rn
<br />r10
<br />MATURITY
<br />DATE
<br />LOAN
<br />NUMBER
<br />12,800.00
<br />OCTOBER 26, 2001
<br />10122/14
<br />00000678100939
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<br />DAVID W. FRIES DAVID W. FRIES and SHARON A. FRIES,
<br />SHARON A. FRIES HUSBAND AND WIFE
<br />�J
<br />ADDRESS ADDRESS
<br />304 SUEZ, S
<br />CAIRO, NE 68824
<br />TCI GQLI!\klC At^ FACASTICI!^ATI/1A1 AfYk TCI �QLI/1A1C AIA lE1CA/TIC1Y\ATIAAI Al!'1
<br />TRUSTEE: U. S. BANK TRUST COMPANY, NATIONAL ASSOCIATION
<br />PORTLAND, OR 97204
<br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein,
<br />which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and
<br />sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee,
<br />his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of U.S. BANK NATIONAL ASSOCIATION ND
<br />( "Lender "),the beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all
<br />of Grantor's present and future estate, right, title and interest in and to the real property described in Schedule A which is attached to this Deed of Trust
<br />and incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property including
<br />without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or
<br />used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development
<br />rights associated with the Property, whether previously or subsequently transferred to the Property from other real property or now or hereafter
<br />susceptible of transfer from this Property to other real property; leases, licenses and other agreements; rents, issues and profits; water, well, ditch,
<br />reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property "); to have and to hold the Property and the rights hereby
<br />granted for the use and benefit of Lender, his successors and assigns, until payment in full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant, covenant,
<br />and agree with Lender and Trustee and their successors and assigns as follows:
<br />1. OBLIGATIONS. This Deed of Trust shall secure the 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 />PRINCIPALAMOUNT/
<br />CREDIT
<br />AMOUNT
<br />NOTEt
<br />AGREEMENT
<br />DATE
<br />MATURITY
<br />DATE
<br />LOAN
<br />NUMBER
<br />12,800.00
<br />OCTOBER 26, 2001
<br />10122/14
<br />00000678100939
<br />(b) all other present or future, written agreements with Lender that refer specifically to this deed of Trust (whether - executed for the same or
<br />different purpose than the foregoing);
<br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(d) future advances, whether obligatory or optional, to the same extent as if made contemporaneously with the execution of this Dead of Trust,
<br />made or extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit, the lion of this Deed of Trust
<br />shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of the line) no
<br />balance may be outstanding. At no time during the term of this Deed of Trust or any extension thereof shall the unpaid and outstanding secured
<br />principal future advances, not including sums advanced by Lender to protect the security of his Deed of Trust, exceed the following amount:
<br />$ 12,800.00. This provision shall not constitute an obligation upon or commitment of Lender to make additional advances or loans to Grantor; and
<br />(e) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing.
<br />As used in this Paragraph 1, the terms Grantor and Borrower shall include and also mean any Grantor or Borrower if more then one.
<br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that:
<br />(a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security interests, encumbrances and
<br />claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by
<br />reference, which 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, those relating
<br />to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal government nor
<br />any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any governmental, judicial or administrative
<br />actions with respect to environmental matters pending, or to the best of the Grantor's knowledge, threatened, which involve the Property. Neither
<br />Grantor nor, to the best of Grantor's knowledge, any other party has used, generated, released, discharged, stored, or disposed of any Hazardous
<br />Materials as defined herein, in connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shall not
<br />commit or permit such actions to be taken in the future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or
<br />becomes regulated by any governmental authority including, but not limited to, (i) petroleum; (ii) friable or nonfriable asbestos,; (iii) polychlorinated
<br />biphenyls; (iv) those substances, materials or wastes designated as a "hazardous substance" pursuant to Section 311 of the. "Clean Water Act or
<br />listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes; (v) those substances, materials or
<br />wastes defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or
<br />replacements to that statute; and (vi) those substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the
<br />Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar
<br />state or federal statute, rule, regulation or ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a
<br />tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances;
<br />NEDOT Rev. 1297 page 1 of 7
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