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<br /> Vtihen Recorded Return To: ='���s �'' � � �
<br /> C.L 7itle, Inc. � � • �
<br /> 203 Little Canada R� NEBRASKA sszooso431os0000l ss
<br /> Ste 200
<br /> St. Paul, iv�N 55 r 1 i DEED OF TRUST 00483//MLR25 0
<br /> � i+ /� �
<br /> r'f-�,,� `i}6:.r��,- ;
<br /> BQRRQWER �RiANITOR
<br /> �' J08E WILBIIR GOMSZ, JIIANA ESTHSR GOMEZ, HIISBAND AND WIFE '
<br /> JO5E GOMEZ �
<br /> AKA G.J.W. GOMEZ
<br /> � JIIANA GOMEZ .
<br /> AKA JUANA E. GOMEZ
<br /> ''ADDRE58 /4DQRE53',' _ _
<br /> 1122 OAK ST
<br /> GRAND ISLAND, NE 688013855
<br /> 'f£LEpHOMEMO, iDEIV't1FIGA7K)Nf!10. 'TEtEPH8NEN0. 1�1'I'IFICA7WN1!!0.
<br /> 610-52-3197
<br /> TRUSTEE: II.S. BANK NATIONAL ASSOCIATION N "
<br /> FARGO, ND 58103 � S'
<br /> In consideration of the oan or other cre it accommo ation hereinafter speci ied and any uture a ances or future Obligations,as defined herein,which
<br /> may hereinafter be advanced or incurred and the trust hereinafter meniioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Grantor hereby irrevocably warranis, 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 associamiorr xn —
<br /> ("Lender"), 1he
<br /> beneficiary under this Deed of Trust,under and subject to the lerms 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 io 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 maierials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection wiih the real
<br /> property,whether or not affixed to the land; privileges, herediiaments, and appurtenances including all development rights associated wiih the Property,
<br /> whether previously or subsequently iransferred to ihe 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 reai
<br /> property (cumulatively"Property");to have and to hold the Property and the righls 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,Granior 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 the following prorr�ssory notes and other agreements:
<br /> PRINCEpAL AMOUIVTI f+if)'!'�J MATl3RETY I.OAN
<br /> ` GR�t?IT.1.tNttT> AQRF.&M�I�T t3ATE ..: [iAl'E N1�M��F!
<br /> 18,650.00 03/05/99 03/05/17 66200104310800001
<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 et er execu or e same or different
<br /> purposes than the foregoing);
<br /> (c) any guaranty of obligations of other parties given io Lender now or hereafter executed that refers to this Deed of Trust;
<br /> (d) future advances,wheiher obligatory or optional,to the same extent as if made contemporaneously wiih 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 ouistanding 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�s n_o0
<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 amendmenis,extensions,renewals,modifications,replacements or substitutions to any of the foregoing.
<br /> As used in ihis 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 mainlain 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 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 governmenlal 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,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 Malerials to or from the Property. Grantor shall not commit or permit such actions
<br /> to be taken in 1he fuiure. The term "Hazardous Materials" shall mean any substance, material, or waste 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" pursuani to Section 311 of the Clean Water Act or listed pursuant to Seclion 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 Conservaiion and Recovery Acl or any amendments or replacements to that statute; and (vi) those
<br /> substances, malerials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendments or replacements to thai statute or any oiher similar state or federal statuie, 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;
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