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<br /> 99-sc�4s3o NEBRASKA 66200105478440001
<br /> DEED OF TRUST 00485//VJN01 C\�
<br /> e���ow�r� ��,aMro� a
<br /> '7 �
<br /> � DONNA TOWLSR JOHN G. 6PBNC8R, BRANDY SPSNCER, HIISBAND AND WIFE
<br /> �
<br /> I BRANDY R SPENCER .
<br /> i
<br /> ADDRES9 >: ''ADDRE53
<br /> 1616 NORTH FRONT ST W
<br /> GRAND ISLAND, NE 688014754 I
<br /> . ......... . __..... ..._ _.. ......... .......,, .__.__ ._._..._. .._......... ......... ......... ......... ............. .._...... ............ ...._. .. ._...._ ...... ....._....
<br /> TELEPWOME N0. IDENTlFIGA71fJIV h10. <:7ELEPH4ME N0. IU£Nf�ICA7KNV N0.
<br /> __. _ _
<br /> 508-40-1343
<br /> TRUSTEE: II.S. BANK NATIONAL ASSOCIATION
<br /> FARGO, ND 58103
<br /> In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations,as defined herein,which
<br /> may hereinafter be advanced or incurred and the trusi 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 II.B. BANK NATIONAL A880CIATION ND
<br /> ("Lender"), lhe
<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 flxtures;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 1he real
<br /> property, whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development rights associated with ihe Property,
<br /> whether previously or subsequently transferred to the 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 righis and stocks pertaining to 1he 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 Granlor 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 Trus1 shall secure the paymenl and performance of all present and future indebtedness, liabilities, obligations and
<br /> covenants of Borrower or Grantor(cumulalively"Obligations")to Lender pursuant to:
<br /> (a)ihis Deed of Trust and the following promissory notes and other agreements:
<br /> ' PRIHGEPAE AMOUNT! 1'�� MATIJRETIF '' > LdAN ''
<br /> GFI�QIT ltN[17 ACiRE�M�N'f D�1i'F : DATE Nt�NtBER
<br /> 45,516.50 05/07/99 05/15/19 66200105478440001
<br /> (b)all other present or uture,wntten agreements wit en er t at re er spea ica y to t is ee o rust w e er execut or e same or different
<br /> purposes than the foregoing);
<br /> (c) any guaranty of obligations of olher parties given to Lender now or hereafter executed ihat 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 lerminaiion 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: $ aG,s,e_sn
<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 amendments,exlensions,renewals,modificalions,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. Granior represents,warrants and covenants to Lender thai:
<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 /> excepl 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 /> Granlor 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 governmental entity has filed a lien on the Property,nor are there any governmental,judicial or administralive actions with
<br /> respect to environmental matters pending,or to ihe best of the Grantor's knowledge,threatened,which involve ihe 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 wiih the Property or transported any Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions
<br /> to be taken in the future. The term "Hazardous Materials" shali mean any substance, material, or waste which is or becomes regulated by any
<br /> governmental authority including,but not limiied 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 ihe
<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 Aci 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 thai statute or any other similar staie or federal statute, 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;
<br /> NEDOT Rev.12P97 Page 1 of 6
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