|
� y D
<br /> N
<br /> • ' n n Z .� , Cp c> cn °
<br /> • rn N � � � Q � rn
<br /> n = (,�, �p ^��' -2-f rn � '-_+-
<br /> � � . �� m .-C � CD
<br /> v1 oc,� o o ° i� o.
<br /> � z w=+� �
<br /> � ° � � �n � N
<br /> m �3 �' p7
<br /> a rn r �� �
<br /> � r-- 2> -'� �
<br /> O �
<br /> N N �...� � C�D
<br /> C.J � -� �
<br /> 99-s04'7'84 �' Q.
<br /> v�����.���o:
<br /> C.I. T itle, Inc. �
<br /> 203 Little Cana�a Ra NEBRASKA 66200104440910001 ��
<br /> Ste 20G DEED OF TRUST 00483//MLR25 S�
<br /> St. Paul, MN 55 y 17 � � . -�, �� �,
<br /> <B:ORF�QIlIf ER �R�NTOR.
<br /> CIIBBRT GARRETT CIIB6RT iQADE GARRETT JR., SHIRLLY J. GARRBTT, HIISBAND AND WIFE
<br /> AKA SHIRLEY JEAN GARRETT
<br /> SHIRLEY GARRBTT �
<br /> i
<br /> _ ', AQDRES9 _ _ _ ;'ADQRE53
<br /> 1925 11TH ST W .
<br /> GRAND I5LAND, NE 688033714 • .
<br /> s:TEL.EpHOME Mb. IDEhI'CIFIGATk)I!l NQ TEL�FILSNE N0 1DfN7�IGA7KN!I NO. •
<br /> _.:: _ >;
<br /> 556-44-9057
<br /> TRUSTEE: II.S. BANK NATIONAL ASSOCIATION/V� �
<br /> FARGO, ND 58103 ,
<br /> In consideration of the loan or other credit accommodation hereina er speci ied and any future a ances or future Obligations,as de ined 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 Q,g, gp�K 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 no1 affixed to the land; privileges, hereditaments, and appurtenances including all development rights associated with the Property,
<br /> whether previously or subsequently transferred to 1he Property from other real property or now or hereafter susceptible of transfer from this Propeny to oiher
<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 Property 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 Granior 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 pertormance 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 following promissory notes and other agreements:
<br /> PRI�IGEPAL AMdUNT! ' s 1+IE'!1"�: MATt3RlTY ? 4dAN
<br /> ; ......GR�QIT LtNItT .. > IAQ£t�£M�MT[�A'I'� :: 17i1TE > Ni��f�ER ;
<br /> 71,100.00 03/11/99 03/20/19 66200104440910001
<br /> (b)all other present or uture,wntten agreements wit 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 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 10 protect the security of this Deed of Trust,exceed the following amount: $ ��,�oo_o0
<br /> This provision shall not constitute an obligation upon or commilment 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,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 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 perform in a timely manner;
<br /> (b) Grantor is in compliance in ail respects wiih all applicable federal,state and local laws and regulations,including,without limitation,those relating to
<br /> "Hazardous Maierials,"as defined herein, and other environmental matters(the "Environmental Laws"), and neither the federal govemment nor any
<br /> other governmental or quasi govemmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions with
<br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,threatened,which involve the Property. Neither Grantor nor,io the
<br /> best of Granior'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 laken in the future. The ierm "Hazardous Materials" shall mean any substance, material, or wasie which is or becomes regulated by any
<br /> governmental 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 Liabitify acf, or any amendme�its 6f repta�rtt�rtts ta tftat statute or arty other'srr�titar state or tedera� statute, rule, regyJaiion 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 />
|