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<br /> C.I. Title, Inc. NEBRASKA 66200104670270001 � V
<br /> 203 Little Canada R�
<br /> Ste 200 00483//MLR25 f'-
<br />� St. Paul, MN 55 i 17 DEED OF TRUST � �, �„ ,� ,,� �
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<br /> MICHAEL 8. MSSNSR. GLENDA C. MSBNSR. HIISHAND AND WIFB
<br /> BSLMA J. MSBNSR
<br /> MICHABL MSBNBR
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<br /> 517 D eT
<br /> CSNTRAL CITY, NS 688261208
<br /> ; ''' IDENT�ICATkSN NO.
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<br /> 506-50-8723
<br /> TRUSTEE: II.B. HANR NATI�IAL ASSOCIATION � �
<br /> FARGO, ND 58103
<br /> n consi ration o t e oan or ot er cr tt accorm�o tion- ereina er ci ie an any uture a ances or uture igations,as 'ne erein,w ic
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<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 D,g, H�K NATIONAL A680CIATION ND i
<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 reai property described in Schedule A which is attached to this Deed of Trusi and incorporated herein
<br /> by this reference,together with all present and future improvements and fixtures;all tangible personal property inciuding 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 /> properly, whether or not affixed to the land; privileges, hereditaments, and appurtenances 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 io 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 real
<br /> properry(cumulatively"Property");to have and to hold the Property and the righis 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 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 foliows:
<br /> 1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obtigations and
<br /> covenanis of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements:
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<br /> ; GR�DI7 tiwflT
<br /> AqRfi�M�M'[k�A1'� :; RAT� ' N�EI�fB�Ft
<br /> 67,500.00 03/24/99 03/24/19 66200104670270001
<br /> (b)all other present or ture,wrttten agreements wit en r t at re er speci i y to t is ee o rust e er execu or e same or different
<br /> purpoaes 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) h�ture advances,whether obligatory or optionai,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: $ e�,snn_on
<br /> This provision shall not constitute an obligation upon or comrrutmerrt 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. Grarrtor 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 ihis 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 govemmental 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,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 corr�nit 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 /> govemmenial 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 replacemenis to these statutes; (v)those substances, materials or wastes defined as a"hazardous waste"
<br /> pursuant to Section 1004 of ihe 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 Liability Act, or any amendments or replacements to that statute or any other sirrrilar state or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or pemit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in coMamination of the Property with Hazardous Materials or toxic substances;
<br /> Paae 1 d 6 .........''.....
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