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<br /> 1�Vhen Recorded Return 'Ia ��.. �
<br /> C.I. Title, Inc.
<br /> 203 Little Canada Tl� NEBRASKA 66200103124700998
<br /> Ste 200 00483//cMB32 �
<br /> St, Pau�, Ml� 5S�a_E DEED OF TRUST
<br /> r, ,1 � � ��
<br /> � ' � � '.� .> �
<br /> ;B� R04YEF1 GRANTflR;!
<br /> RONALD EVANS RONALD C. 8VAN8, CAROLB L. EVANS, HIISBAND AND WIFE
<br /> CAROLB L. 6VAN8
<br /> <! aQn�Ess nooRES$
<br /> 3ii a aarm sm �
<br /> GRAND IBLAND, NS 688012459
<br /> >TELEpHOMEMO. �EN't'1F(GATKNIMIO. 7EEEPHONEl1G 1DENfiI�IGA'fN5NN0.
<br /> _ .
<br /> 478-72-2331
<br /> TRUSTEE: II.S. BANK NATIONAL ASBOCIATION/y b �^
<br /> FARGO, ND 58103 �3a,s �Z.µ� �e J�1
<br /> n consi ration o the oan or other credit accommo ation ereina er speG ie an any uture advances or uture O igations,as defined herein,which
<br /> may hereinafler 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 Q,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 eniry and possession all of Granior'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 irnprovemenis 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 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 Propeny 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 with Lender and Trustee and iheir successors and assigns as follows:
<br /> 1. OBUGATIONS. This Deed of Trust shall secure ihe payment and performance of all present and future indebtedness, liabiliiies, obligations and
<br /> covenants of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to:
<br /> (a)ihis Deed of Trust and the following promissory notes and other agreements:
<br /> PRINCE�AL AMOUNTf ' N�� MATI]RtTY LOAhI
<br /> CRE�QI�1,tkA1T !�QRF.�MEN7'�AT� DA'f� N�tMBLR
<br /> 24,000.00 12/03/98 12/03/28 66200103124700998
<br /> (b)all other present or uture,wntten agreements wd en er t at re er speci ica y to t is ee o rust w e er execut or t 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 /> (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 the fact that from time to time(but before termination of the line)no balance may be
<br /> outstanding. At no time cluring lhe 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 io protect the security of this Deed of Trust,exceed the following amount: $ �a,o00_on
<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,replacemenis 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,warranis and covenants to Lender that:
<br /> (a) Grantor has fee simpte marketable title to the Property and shall maintain the Property free of all liens,security inlerests,encumbrances and claims
<br /> except for ihis 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 lo pay and perform in a timely manner;
<br /> (b) Grantor is in compliance in all respecis with all applicable federal,state and local laws and regulations,including,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 governmenia!or quasi governmental entity has filed a lien on the Property,nor are there any governmental,judicial or admirnstrative actions with
<br /> respect to environmental matters pending,or to lhe 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 /> lo be taken in lhe future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any
<br /> govemmental authority including,bul 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 replacemenis 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 wasles defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendmenis or replacements to ihat 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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