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<br /> When Recorded R�ttfrn'�o: ��
<br /> C.I. Title, jY1C. NEBRASKA 66200102048670002
<br /> 203 Little C�ada Rd DEED OF TRUST 00485//K R13 �
<br /> Ste 200 J,
<br /> St. Pae�l, MN 55117 3�� ��(� �
<br /> '' , ',j.BQRR��lVER ; ' ' , !` ,, ,::: GR!lXbiTOR, ':: '
<br /> MIGIISL MOLINA MIGIIHL A. MOLINA, MIGIISL F. MOLINA, A SINGLE PBRSON, �il�14lfD
<br /> � �► � M
<br /> MARIA MOLINA „ S� �
<br /> i'•v/
<br /> ': `�F��ss !�E1CtR�s�
<br /> iaia JOHN 6T W
<br /> GRAND IBLAND, NE 688016614
<br /> i�.���a ic��carawr�. 7�c��N�:w4 '��r��cnr��o.
<br /> , <
<br /> 612-10-8154
<br /> TRUSTEE: u.8. BANK NATIONAL A660CIATION /� L/� . n1/ `
<br /> FARGO, ND SH103 �/l�� ��`�/� '�}�
<br /> !/
<br /> n consi eration o the oan or ot er credit accomrno ation erema er speafie and any uture a ances or future bligations,as efined erein,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, 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 II.s. BANK NATIONAL ASSOCIATION ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of Trust,under and subject to the terms and conditions herein set forth,with right of entry and possession all of Grantor's present
<br /> and future estate,right,tiile and interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporaied herein
<br /> by this reference,together with all present and future improvements 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 ihe land; privileges, hereditaments, and appurtenances including all development rights associated with the Property,
<br /> whether previously or subsequently iransferred 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 agreemerns;rents,issues and profits;water,well,ditch,reservoir and rrbneral rights and stocks pertaining to the real
<br /> property (cumulatively"Property");to have and io hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and
<br /> assigns,until payment in fuli 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 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 prorrissory notes and other agreements:
<br /> '�'�ilr'1GlPAE,#1MpUN�f <: �+IGT�/: mtA'�Il3RE7'9F : >l.GAN ':':
<br /> CREQIT LE�4[T I�QRF»�MEIVT�7AT� �AT� N11N�B�Fl;;
<br /> 32,626.39 02/01/99 02/14/19 66200102048670002
<br /> (b)all other present or uture,wntten agreements wit en er t at re er speci ica 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 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 ihe 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: $ 3� 6�6_�o
<br /> 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 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 sha�l 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 ali respects with all applicable federal,state and local laws and regulations,including,without limitation,those relating io
<br /> "Hazardous Materials,"as defined herein, and other environmental matters(ihe "Environmental Laws"),and neither the federal government nor any
<br /> other governmental or quasi governmental entity has filed a lien on the Property,nor are there any governmental,judicial or adr�nistrative actions with
<br /> respect io environmental matters pending,ar 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 corrnnit 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 lirrited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wastes designated as a"hazardous substance"pursuanl 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 hereafler 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 ihe Property with Hazardous Materials or toxic substances;
<br />
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