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<br /> ���84Z 66200103975210001 �
<br /> 99' NEBRASKA
<br /> DEED OF TRUST o0483//MLR25 `�
<br /> 0
<br /> ** THIS DOCUMENT IS BEING RERECORDED TO CORRECTED BLOCK NUMBER ** d
<br /> ,;: , ;: >;BQ �)WER ii . ; ;,;. ,';' `<;; >!: �R#I�iTORi
<br /> DONALD R. JBNSSN LBRETTA 8. BMITH, A SINf3LS PERSON
<br /> LSRETTA H. SMITH
<br /> �` ii ;I;. �,��`. A��� :�, �,;; �,�...� �>i :�,:I: ��:,�,; �',:ii :.:':ii.,'. .� ;i .� ::i����.�.�g� ,. , . ,. . .
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<br /> NORTIi PLA7T8, NS 691015774
<br /> TELEtM�N�NE�ICl. ,;> "i: IEIEN�1FfGATk3N MK9: ;; ;: ;7EC.�ANf3N�:N4 ;: ;I : i�N'f1�IGA7kNV N0.
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<br /> 508-56-0516
<br /> TRUSTEE: II.B. BANK NATIOPIAL ABSOCIATION
<br /> FARGO, ND 58103
<br /> n consi eration o t e oan or ot er cre it acco tion ereinafter speci e an any ture a ances or uture igations,as de ined herein,which
<br /> may hereinafter be advanced or incu�red and the trust hereinafter mentioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefii and security of D.B. BANK NATIONAL A860CIATION ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of Trust,under and subject to the terms and conditions herein sei forth,with right of entry 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 this Deed of Trust and incorporated herein
<br /> by this reference,together with all present and future improvements and fixtures;ail tangible personal property including withoui limitation 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 real property or now or hereafter susceptible of transfer from this Property to other
<br /> real property;leases,licenses and other agreements;rents,issues and profits;water,well,ditch,reservoir and mineral rights and stocks pertaining to the real
<br /> property(cumulatively"Property");to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and
<br /> assigns,until payment in full of ali Obligations secured hereby.
<br /> Moreover,in further consideration,Grantor does,for Grantor and Grantor's heirs,representaiives and assigns,hereby expressly warrant,covenant,and
<br /> agree with Lender and Trustee and their successors and assigns as follows:
<br /> 1. OBUGATIONS. This Deed of Trusi shall secure the paymern and performance of all present and future indebtedness, liabilities, obligations and
<br /> covenants of Borrower or Grantor(currwlatively"Obligations")to Lender pursuant to:
<br /> (aj this Deed of Trust and the following pror�ssory notes and other agreements:
<br /> pqlNt�PA4,AMouNF! ' t4f��'�1 AAATtI�tTY ': ' 40AN ';;
<br /> ;> <�R�GI�k�ll�l4t7' ;: ' ��iR�£M�M3'i�ATE.:.: , �tA7'� :: ; Nt�I��E#� ;:.
<br /> 57,500.00 02/12/99 02/15/19 66200103975210001
<br /> (b)ail other presen or ture,wntten agreements wit en er 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 executed that refers to this Deed of Trust;
<br /> (d) future advances,whether obligatory or optional,to the same extent as if made conter�oraneously 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 credit,the lien of this Deed of Trust shall continue
<br /> 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 balance may be
<br /> outstanding. At no time 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 the security of this Deed of Trust,exceed the following amount: $ s�,snn.on
<br /> This provision shall not constitute an obligation upon or comrrutment 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 than one.
<br /> 2. REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represents,warrants and covenants to Lender that:
<br /> (a) Grantor has fee sirr�le marketable title to the Property and shall maintain the Property free of all liens,security inierests,encumbrances and claims
<br /> except for this Deed of Trust and those described in Schedule 8,whict�is attached to this 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 limitaiion,those relating to
<br /> "Hazardous Materials,"as defined herein, and other environmental matters(the "Environmental Laws"),and neither the federal government nor any
<br /> other govemmental or quasi governmental entity has filed a lien on ihe Property,nor are there any governmental,judicial or administrative actions with
<br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,ihreatened,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 the Property or transported any Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions
<br /> to be taken in the future. The term "Hazardous Materials" shall mean any substance, maierial, or waste which is or be�mes regulated by any
<br /> governmental authority including,but not limited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wastes 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 amendments or replacements to these statutes; (v)those 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) those
<br /> substances, malerials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendments or replacements to that statute or any other sirru�ar state or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contamination of the Property with Hazardous Malerials or toxic substances;
<br /> _ n
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