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<br /> �Vi1en Recorded Return To: �
<br /> C.�. Title, I�lC. NEBRASKA 66200104056210001
<br /> 203 Little Ca�ada Rd DEED OF TRUST Va
<br /> $te 2()() 00483//CMB32 �
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<br /> BARHARA LAIIB SRADLBY D LAIIB, BARHARA J LAIIB, HIISBAND AND WIFS
<br /> AKA BRAD LAiTB
<br /> SRADL6Y LAIIB �� B�A� ��
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<br /> 4304 HLAIIVFS,T RD
<br /> GRAND I9LAND, NE 688031401
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<br /> "t�EEPHi�IE�llt ; ;,; ICENTl�fGA'rk)N:NE�. ; !: 7EE,�AHONE N4 ,; >: 1[��N7'�ICA7�f5N N�
<br /> 507-13-2477 '
<br /> TRUSTEE: Q,g, gp�K NATIONAL ASSOCIATION
<br /> FARGO, ND 58103 3as / �e
<br /> n cons� eration o t e oan or other cre it accommo ation ereina er speci ied an any uture advances or uture igations,as de ine herem,which
<br /> may hereinafter 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, selis, transfers, grants, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of p,g. g�K NATIONAL ASSOCIATION ND
<br /> ("Lender"), the
<br /> benefiaary under this Deed of Trust,under and subject to the ierms and conditions herein set 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,togeiher wiih all present and future imFxovements and fixtures;all tangible personal 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 development rights associated with the Property,
<br /> whether previously or subsequerrtly 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;rents,issues and profits;water,well,ditch,reservoir and r�neral 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 all Obligations secured hereby.
<br /> Moreover,in further consideration,Grantor does,for Grantor and Grantor's heirs,representatives and assigns,hereby expressly warrant,covenant,and
<br /> agree wNh Lender and Trustee and their sucxessors 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 /> PqINGEPAt�►NlOt�N�f < �+IG�f; '�►'ft3ix�TY `: ' i4GAN
<br /> �FI�QI��,#I�ET:: Aq€�fs�M�MT�Al'� . ; �ATF N�tl�B�f� ;I
<br /> 20,000.00 02/15/99 02/15/04 66200104056210001
<br /> (b)all other present or uture,wntten agreements wit en er t at re er spea ca y to t �s 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 contemporaneously wfth 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 surru advanced by Lender to protect the security of this Deed of Trust,exceed the following arnount: $ �o oon on
<br /> This provision shall not constitute an obligation upon or commitment of Lender to make additionai advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modifications,replacements or substhutions 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 interests,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,including,vuithout limitation,those relating to
<br /> "Hazardous Materials,"as defined herein,and other environmental matters(the "Environmental Laws"),and neither the federal govemment nor any
<br /> other govemmental or quasi governmental entity has filed a lien on the Property,nor are there any govemmentai,judicial or administrative actions with
<br /> respect to environmental matters pending,or to ihe best of the Grantor's knowledge,threatened,which involve the Property. Neither Grantor nor,to the
<br /> best of Grarnor'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 ihe future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any
<br /> govemmernal authority including,but not limited to,(i)pelroleum;(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, materiais or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response,
<br /> Cornpensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance nbw or hereafler in effect. Grantor shall not lease or pemit the sublease of the Property to a tenant or subtenant whose operations may
<br /> resuft in corrtarr�nation of the Property with Hazardous Materials or toxic substances;
<br />
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