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. • '- � 2 D <br /> f� c) Z n i' ' c� c� cn <br /> 2 a p � . c.p o -r <br /> m cn �, � c n <br /> � <br /> . � _ �' � � m � � <br /> m ""� -< p � � <br /> c� �-' O � <br /> O '~ <br /> � "� � � H� <br /> . o �� � � � p y <br /> 0 � r D �� <br /> N � � �.-y-� <br /> D W'i,��' <br /> W `�" 3 <br /> � � �_ <br /> gg- 104938 � <br /> vt��������a: Q <br /> C.I. Title, Inc. NEBRASKA 66200104873550001 <br /> 203 Little Canada Rd <br /> ste 20o DEED OF TRUST 00485//CMB32 `�.ss <br /> s <br /> St. Paul, NIN 55 il t ���� ��,3 � ��, c� <br /> ��a��z�w� G�n�r±o� <br /> LARRY L. KIICBRA LARRY L. KIICERA, BARHARA J. KIICERA, HIISBAND AND [QIFB <br /> SARBARA J. KIICERA <br /> ' ADDt�E$8' a4DQR£$B <br /> 122 S 6TH ST <br /> GRAND ISLAND, NE 666014302 <br /> 'EELEPHi�T1E�10� IDEN3'1FfGATi01fI MQ TEEEPN�lNE:NO 1[�EN7'�IGA7KN!I N0. <br /> >, ;: ;: <br /> ,. _, , ;: __...:.. <br /> 505-56-5460 , .._ ::.. . ,..:.:. ; <br /> TRUSTEE: II.B. BANK NATIONAL ASBOCIATION /� ..) <br /> FARGO, ND 58103 Gt3�S I�� "�/ �7�"' <br /> In consi ration o t e oan or other cre it accorrunodation ereina er spea ie and any future a ances or uture Obligations,as de ine herein,w ich <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 acknowiedged, Grantor hereby irrevocably warranls, 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. HANK NATIONAL A9SOCIATION 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 ihis Deed of Trust and incorporated herein <br /> by this reference,together with all present and future improvements and fixtures;all tangibie 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 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 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 real <br /> property (cumulatively"Property");to have and to hold the Propeny 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 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 promissory notes and other agreements: <br /> PRINCE�'AE AMdUh11f ' !"�Q�i; AIEA"1'i]#3ltlr '!.::40AN '.:; <br /> <: GR�RITI�EI�ET>: 'I: I�GRF�M�WT;�11'E ; t�iITE '' NUNf�RFk>: <br /> 58,327.12 04/02/99 04/06/19 66200104873550001 <br /> (b)all other present or uture,wntten agreements wit en er t at re er speci y to t is ee o rust w et er execut or t e same or different <br /> purposes than the foregoing); <br /> (c) any guaranty of obiigations 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 behaif 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 /> untit payment in full of all debt due under the line notwithstanding the fact thai from lime to iime(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: $ sA,3��_,� <br /> This provision shall not constitute an obiigation upon or commitment 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 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 govemmental entity has filed a lien on the Property,nor are there any govemmental,judicial or administrative actions with <br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,threalened,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, maierial, or waste which is or becomes regulated by any <br /> govemmental authority inciuding,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 Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, �egulation or <br /> ordinance now or hereafter in effect. Grarrtor shall not lease or pemit the sublease of the Property to a tenant or subtenant whose operations may <br /> result in corrtamination of the Property with Hazardous Materials or toxic substances; <br />