|
�v
<br /> . T A `
<br /> c 2 � c.a c� c� rn
<br /> rn �D Cj � _ � c a � �
<br /> �, � _ -� co
<br /> � T ' m x ..'�� m � n.
<br /> �� N ° �
<br /> � o -*,
<br /> -.t � '*► z � -�.
<br /> G v � � m �
<br /> rn � �- w o �
<br /> rn 3 r ��
<br /> o �— n --� �
<br /> u' U' w co
<br /> o� �
<br /> �t-e! 4�N�, n N •_~.
<br /> �.J v•�� �
<br /> ��Recorded Return To: �• N °� °
<br /> C.I. Title, Inc. 66200104543630001�
<br /> 203 Little Canada Rd NEBRASKA �'
<br /> Ste 200 DEED OF TRUST 00485//K R13 ��
<br /> St. Paul, MN 5511% .
<br /> ��`' �c�'`����`�'
<br /> , >> , ' 64RR�71lItER ;;: ,'
<br /> ,
<br /> DAVID MDSIL DAVID ARTHIIR MIISIL, A SINGLB PERSON
<br /> ' pQDRESB ,I ;; , „ ?.ADQRE88
<br /> 1604 3RD ST w
<br /> GRAND ISLAND, NE 688015767
<br /> .., ..... ., .. .. . .. . ., .
<br /> ,
<br /> 'fFELFJ*IiN�lENfS ;: ; IDENT1ffCATk3N;NQ ;; I;, 7.E.L�PNdNENO, ;; ; 1D�1!1`I'wICA7KNV'NO.
<br /> _. ... .. .
<br /> 507-76-5130
<br /> TRUSTEE: II.S. SANK NATIONAL AS90CIATION
<br /> FARGO, ND 58103 t13a.� �
<br /> T
<br /> In consideration o t e loan or other cre tt accommo ation ereinafter spea ied and any future a ances or future Obligations,as defined herein,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,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 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; privi�eges, hereditaments, and appunenances 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 agreemenls;renis,issues and profits;water,well,ditch,reservoir and mineral rights and slocks pertaining to ihe real
<br /> property (cumulatively"Property");to have and to hold the Property and the rights hereby granled 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 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 /> PRIK10EPiAE�A►MOUN7f �!�`�/: bApTL]F�ETY 4QAN
<br /> ;: GR�QIT 1.[MIT:: ; AQR�M�NT:J�i11'� ',: Di1T� <NUMBER; <
<br /> 41,254.72 03/17/99 04/01/19 66200104543630001
<br /> (b)all other present or uture,wntten agreemenis wrt en er t at re er spea ica y 10 t is ee o rust w et er execut 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 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 this Deed of Trust,exceed the following amount: $ a,,�sa ��
<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,ihe 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 perforrn 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 relating to
<br /> "Hazardous Materials,"as defined herein, and other environmental matters(the "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 administrative actions with
<br /> respect to environmental mariers 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 /> governmentai 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 Liabiiity 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 ihe sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contaminalion of the Property with Hazardous Materials or toxic substances;
<br /> NEDOT Rev.12/97 Page 1 of 6
<br />
|