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<br /> After Recordatio�.�teturn to: �,` o � � D � �
<br /> IInion Bank Anc3'Trust Company � � U, �,
<br /> Grand Island Branch N � �-` �
<br /> 2008 Webb Road � n w �
<br /> Grand Island, NE 68802 � � N � _
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<br /> 9�' _����'8' DEED OF TRUST •
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<br /> P1umBest Inc P�umBest Inc ' ' " '
<br /> Vernon Penas
<br /> Patricia Penas
<br /> Jk1lDREgS l�q#�Fi�S3?:
<br /> 2512 Lamar Ave �512`Lamrir �ave''
<br /> Grand, Island, NE 68803 Grand Island, NS 68803
<br /> 'FEL,€PHAI�lE NE� 1DENTiFrC1411014 NQ. :: '1'EL�pIiGNE N0 ; IpEt�F4'EFiG/!�tlN NCa :::
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<br /> (308) 382-3503 470817088 (308) 382-3503 470817088 '
<br /> TRUSTEE: jjn1.0A Bank & Trust Company
<br /> PO Box 5166, Grand Island, NE 68803
<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 hereafter 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 bargains selis, transfers, grants, conveys and assigns to Trustee, his
<br /> successors and assigns,in trust,for Union �ank And Trust Comvanv Gzrand Island Branch, 2008 Webb Road,
<br /> Grand Island NE 68802 ("Lender"), the
<br /> beneficiary under this Deed of Trust,with power of sale and right of entry and possession all of Grantor's present and future estate, right,title and
<br /> interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference,together
<br /> with all present and future improvements and fixtures;all tangible personai property,including,without limitation,ali machinery,equipment,building
<br /> materials,and goods of every nature (excluding household goods)now or hereafter located on or used in connection with the real property,whether
<br /> or not affixed to the Iand; all privileges, hereditaments, and appurtenances, including all development rights associated with the real property,
<br /> whether previously or subsequently transferred to the real prope►ty from other real property or now or hereafter susceptible of transfer from this real
<br /> property to other real property; ail leases, licenses and other agreements; al► rents, issues and profits; all water, well, ditch, reservoir and mineral
<br /> rights and stocks pertaining to the real property(cumulatively"Property");to have and to hold the Property and the rights hereby granted for the use
<br /> and benefit of Tr�stee,his successors and assigns,until payment in full of all Obligations secured hereby.
<br /> Moreover, in turther consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly
<br /> warrant,covenant,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 followin romisso notes and other a reements:
<br /> I�iT'�RE N PR1.;14M U#T Fi�,L1IN 1G�1 I;. MER; ! L N:;:
<br /> RATE ;' ::CRE�ITLIMiT;': . 'ASiitEEMEf4T�AT£ ; .�ATE>; > NUiV3BEB :i; % NU11��
<br /> FIX$D $79,144.00 04/22/99 05/O1/00 26366 kh 310015
<br /> (b) all other p�esent or future written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same or
<br /> different 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 contemporaneousiy with the execution of this Deed of Trust,
<br /> made or extended to or on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit,the tien of this Deed of
<br /> Trust shall continue until payment in fuii of all debt due under the line notwithstanding the fact that from time to time (but before termination of
<br /> the line) no balance may be outstanding. At no time shall the lien of this Deed of Trust, not including sums advanced to protect the security of
<br /> this Deed of Trust,exceed$15 8,2 8 8.0 0 ;and
<br /> (e)ali 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 AAID COVENANTS. Grantor represents,warrants and covenants to Lender that:
<br /> (a) Grantor has fee simpie 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
<br /> relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federal
<br /> government nor the state where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Property,
<br /> nor are there any governmental,judicial or administrative actions with respect to environmental matters pending,or to the best of the Grantor's
<br /> knowledge,threatened,which involve the Property. Neither Grantor nor,to the best of Grantor's knowledge,any other party has used,generated,
<br /> released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Properry or transported any
<br /> Hazardous Materials to or from the Properry. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous
<br /> Materials"shall mean any substance, material,or waste which is or becomes regulated by any governmental authority inciuding, but not limited
<br /> to: (i) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a
<br /> "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any
<br /> amendme�ts or replacements to these statutes; (v) those substances, materials or was#es defined as a"hazardous waste" pursuant to Section
<br /> 1004 of the'Resource Conservation and Recovery Act or any amendments or replacements to that statute;and (vi)those substances,materials or
<br /> wastes defined as a"hazardous substance"pursuant to Section 101 of the Comprehensive Environmental Response,Compensation and Liability
<br /> Act,or any amendments or replacements to that statute or any other similar state or federal statute,rule,regulation or ordinance now or hereafter
<br /> in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of
<br /> the Property with Hazardous Materials or toxic substances;
<br /> (c) All applicable laws and regulations,inciuding,without limitation,the Americans with Disabilities Act,42 U.S.C.Section 12101 et seq. (and ali
<br /> regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or
<br /> municipal suthority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all
<br /> rights,licenses,permRs,and ceRificates of occupancy(including but not limited to zoning variances,special exceptions for nonconforming uses,
<br /> and final inspection approvals),WI18th6f t8�'1q0�8N Of De�R18�@f1t.WhiCh are matetial te tha ucw nnr�nre��nnn�...ni rtie o..,..e..., ..,eee..,�..�.,..a
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