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<br /> IInion Bank And Trust Company O �` � �
<br /> Grand Ialand Branch � N �..� Ca �
<br /> 2 0 0 8 Webb Road � cn N c�
<br /> Grand Island, NE 68803 � ,��„
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<br /> HOME EQUITY LINE DEED OF TRUST
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<br /> >SL?RR0INEH > > ': ; C�;RANFgA'
<br /> Dale L Wieeeman �Dale L Wi�seman, husbana an wife
<br /> Cynthia L Wieseman Cynthia L �Pieseman, husband and wife �
<br /> '. '<: ;:: '?�1#�tE�S : , _ __, __ :: At�pR�S�:
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<br /> 240'� Arrowhea3 Road 240'�° Arrowhead' Road' '
<br /> Grand Island, NE 68801 Grand Island, NS 68801
<br /> TEL.ERHpNEti4k,;:. ?' ' <IpElF7i�1!CAT10MNp: ... 7�C�Ht1�lENb.; ... _ ; . . ;:.. ... .: : ;IR�IT1FpCA71qAiNp'i;:
<br /> (308) 381-0459 505709839 (308) 381-0459 505709839
<br /> TRUSTEE: IInion Bank & Trust Company
<br /> 2008 N Webb Road, Grand Island, NS 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 irrevocabiy bargains, sells, transfers, grants, conveys and assigns to Trustee, his
<br /> successors and assigns, in trust, for Unioa Bank And Trust Com�y Grand Island Branch 2008 �Vebb
<br /> Road Grand Island NE 68802
<br /> "Lender",the beneficiary under this Deed of rust,with power of sale and rig t of entry and possession all of rantor's present and future estate,
<br /> 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 by this
<br /> 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 household goods) now or hereafter located on or used in connection with the
<br /> real property,whether or not affixed to the land;all privileges,hereditaments,and appurtenances;all leases,licenses and other agreements;aii rents,
<br /> issues and profits;all water,well,ditch, reservoir and mineral rights and stocks pertaining to the real property(cumulativeiy"Property");to have and
<br /> to hold the Property and the rights hereby g�anted for the use and benefit of Trustee, his successors and assigns, until payment in full of all
<br /> Obligations secured hereby.
<br /> Moreover, in further consideration, Grantor does, tor 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 ali present and future indebtedness, liabilities,obligations and
<br /> covenants of Borrower or Grantor(cumulatively"Obiigations")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements:
<br /> ,t�t i,
<br /> RATE . ..: <' CREDIT LIMIT' ' AQftEE�iIERT DAT£ . ;:: Df►TE <'NUffiBEf�>' 'i NUffi@ER
<br /> FIXED $140,800.00 05/03/99 04/O1/00 302754 kh 316010
<br /> (b)all other present or future written agreements with Lender which refer specifically to this Deed of Trust (whether executed for the same or
<br /> different purposes than the foregoing);
<br /> (c) any guaranty of obligations of other parties given to Lender now or hereafter executed which refers to this Deed of Trust;
<br /> (d) future advances,whether obligatory or optional, to the same extent as if made contemporaneously with the execution of this Deed of Trust,
<br /> made or extended to or on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit,the lien of this Deed of
<br /> Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of
<br /> the line)no balance may be outstanding At no time shall the lien of this Deed of Trust,not including amounts advanced to protect the security
<br /> of this Deed of Trust,exceed$ 281,600.00 ;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 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�vhich is attached to this Deed of Trust and incorporated herein by
<br /> reference,which Grantor agrees�o pay an pe orm in a i`t m7y 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 Ciean Water Act or listed pursuant to Section 307 of the C�ean Water Act or any
<br /> amendments or replacements to these statutes; (v)those substances, materiais 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 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 including, without limitation, the Americans with Disabilities Act, 42 U.S.C. 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,special exceptions for nonconforming uses,
<br /> and final inspection approvals),whether temporary or permanent,which are material to the use and occupancy of the Property,presently are and
<br /> shali be obtained,preserved and,where necessary,renewed;
<br /> � vlJ�n
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