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<br /> Union Baak And Trust Company-Susan c�i� r � � �
<br /> Lincola Branch N �c �
<br /> 4732 Calvert Street N �� � �
<br /> Lincoln, NE 68506 � � � �
<br /> 99-104352 DEED OF TRUST
<br /> _ Si3RRt�W�F� GF1AN�'QR' �
<br /> THE EATING ESTABLISHI�IENT - GRAND �E EATING ESTAHLISFII�SENT - GRAND
<br /> ISLAND SOUTH, LIMITED PARTNERSHIP ISLAND SOUTH, LIMITED PARTNERSHIP Q
<br /> �
<br /> i4DDRESS IAUDI�ESS>
<br /> 5931 SOUTH 58TH STREE:T STE D 5931 SOUTfT 582'T� STA�ET STE D
<br /> LINCOLN,_NS 68516 LINCOLN, NE 68516
<br /> >'fE1.�PH0!NE NIO. IDElJ7'I�IGi4T10N NO. T��PIIONE NO. : IDENTIFICATION TIO�
<br /> (402) 423-2394 47-0728837 (402) 423-2394 47-0728837
<br /> rRUSree: �nion eank And Trust Company
<br /> PO Hox 82535, Lincoln, NE 68501-2535
<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, sells, transfers, grants, conveys and assigns to Trustee, his
<br /> successors and assigns,in trust,for_IInion Hank And Trust Companv Lincoln Branch 3643 South 48th St
<br /> Lincoln NE 68501-2535 ("Lender"), the
<br /> beneficiary under this Deed of Trust,with power of sale and right ot 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 personal property,including,without limitation,all machinery,equipment,building
<br /> materials,and goods of every nature (exciuding household goods)now or hereafter located on or used in connection with the real property,whether
<br /> or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with the real property,
<br /> whether previously or subsequently transferred to the real properiy from other�eat property or now or!•iereaner susceptible of transfer from this real
<br /> property to other real property; all teases, licenses and other agreements; all 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 Properry and the rights hereby granted for the use
<br /> and benefit of Trustee,his successors and assigns,until payment in full of al�Obligations secured hereby.
<br /> Moreover, in further 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 tuture 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 /> CiJ
<br /> �tATE CR�CI�'I.LMIT . it�AE�MEIi'�O�A�E LiAT� NUMBER NUMBHFi
<br /> FI%ED $159,883.73 04/22/99 04/21/04 202352 313720
<br /> (b) all other present or future written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same or
<br /> different purposes than ffie 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,
<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 lien of this Deed of
<br /> Trust shall continue until payment in full 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$319,767.46 ;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 COVENAPiTS. Grantor represen:s,warrants and covenants to!ender 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
<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 Property or transported any
<br /> Hazardous Materials to or from the Property. 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 including, 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 /> amendments or replacements to these statutes; (v) those substances, materials or wastes 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 Liabiliry
<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, including,without limitation,the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all
<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 authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all
<br /> rights,licenses,permits,and certificates of occupancy(including but not limited to zoning variances,speciat exceptions for nonconforming uses,
<br /> and final inspection approvals),whether temporary or permanent,which are material to the use and occupancy of the Propertv,presentiv are and
<br />
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