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<br /> When Recorded Rcturn To: NEBRASKA 66200104145240001
<br /> C.I. Title, I�c.
<br /> 203 Littk C�ada Rd DEED OF TRUST 00483//CMB32 `��'
<br /> Ste 200 , �� . �
<br /> St. Paal, MN SS 117
<br /> �33�-r.�;���.Cp �
<br /> ,..
<br /> PAIIL LIIDiiIG POLLY J. COLLINB, MICHABL COLLINB, FRA POLLY J. PRBIBSNDORF,
<br /> iQIFB AND HIIBHAND
<br /> POLLY COLLINS
<br /> �� ' � " ;�...:.::...��' ,.ii :. .: ��_�,..i ���,,ii .',�,�;i . .. . . .'�.;!��'�Q�i���
<br /> 306 N BYRIA
<br /> CAIRO, N8 68814
<br /> �:EPHilIHE�k. ;: . ,;' IEi�N'J�fG�'Tk3N N�. ; ; 7EE,EPHblIE N0 ,;::: IDENE�IGATIOlI NG
<br /> ; ; . . ,:: .
<br /> 507-50-5651
<br /> TRUSTEE: II.B. HANK NATIONAL ASSOCIATION ' / � �, `
<br /> FAR(30. ND 56103 L�3�`J ��� u{;J
<br /> _�
<br /> n consi ration o t e oan or ot er cre tt acxommo ation ereina er spea ie an any uture a ances or uture igations,as �ne erein,w i
<br /> may hereinatter be advanced or incurred 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 POWEA OF SALE for the benefit and security of II,s. SANK NATIONAL AB60CIATION ND
<br /> ("Lender'), the
<br /> benefiaary under this Deed of Trust,under and subject to the terms and conditions herein set forth,with right of entry and possession ali 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;all tangible personai property including without 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 developrr�ent rigMs 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 i
<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 bene�t of Lender, his successors and
<br /> assigns,until paymem in full of all Obligations secured hereby.
<br /> Moreover,in further consideration,Grarrtor does,for Grantor and Grantor's heirs,representatives and assigns,hereby expressly warrant,covenant,and
<br /> 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 ihe following promissory notes and other agreements:
<br /> ?: pqllyGlRIIE,AMGt1N1`�. >:. , �tE'�1'�! MA713�#7'X.:: `:: 1.�4AN::
<br /> ' �R�QIT�;tlYl[lT >i. AqRF�M�NT DA1'� ::.' ;:�7A7'� ;': <:NLEI���R <.; >
<br /> 30,000.00 02/19/99 02/20/14 66200104145240001
<br /> (b)all other present or uture,wntten agreemen s wit en er t at re er speci i y to t is ee o rust w e er execu or e same or different
<br /> purposes than the foregofng);
<br /> (c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br /> (� future advances,whether obligatory or optional,to ihe same extent as if made conteit�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 /> urnil payment in full of ali 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 ihis Deed of Trust,exceed the following amount: $ �o,noo_o0
<br /> This provision shall not conslitute an obligation upon or commitment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all arr�ndments,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 simple 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 B,which 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,inciuding,without limitation,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 govemmental entity has filed a lien on the Property,nor are there any governmental,judicial or adminisirative actions with
<br /> respect to environmental matters pending,or to the best of the Grantor'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 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, material, or waste which is or becomes regulated by any
<br /> govemmental 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, materials 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 similar 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 Materials or toxic substances;
<br />
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