|
� •
<br /> • �' � '� l ) �
<br /> ` , • � m • �
<br /> , = A Z � _
<br /> r v
<br /> 7�C N � p -N-1
<br /> CO c n n"1
<br /> � 3 � r" � '�
<br /> m � � � �.
<br /> c� y...+ o �'�' _1
<br /> 0 � � -n Z l--�,y
<br /> � p '�'.�, � �p �3
<br /> r
<br /> �-n �""� � r�-- � ..,Gn
<br /> p v � `— cnn cA�
<br /> 9 ' �c�49�� `� °� N �
<br /> ��ren i�eca�ed Return To°� °J "' o
<br /> C.I. Title, Inc. NEBRASKA 66200104772570001 •
<br /> SOe ��i�ttle Canada Rd DEED OF TRUST 00485//CMB32 .�s.S
<br /> St. Paul, MN 55 i 1% --�`�����:�/�- °
<br /> > $���iow�� ! ! >, ';' ; ; ;��ahrro�
<br /> LARRY L. SIIHR LARRY L. SIIHR, A BINGLE MAN
<br /> ' AC�Dk�ESS i;,I�F�C'Fi£9�
<br /> 104 W 7TH ST
<br /> GRAND ISLAND, NE 686014323
<br /> TEL�p11061E N�Y ;, IDEN'Y�FIGATkiN N0. `7EEE�NCNE N0. 1[3EN'I'�IC117N31V!VO :.
<br /> _
<br /> _..
<br /> 505-74-5843
<br /> TRUSTEE: II.S. BANK NATIONAL A390CIATION
<br /> FARGO, ND 58103 � e �
<br /> In consideration o t e loan or other cr it accommodation hereinafter specified and any future a ances or future Obligations,as defined 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 II.6. BANK 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 irnprovements 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 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 hoid 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 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 /> PRINGEP1IL AM�tJNi! �Q'�J AI�i4Tl3i?ETIF : LOAN ,,
<br /> ^ ' <
<br /> GFI�QI7�.[N11T ��RE�M�IYT�7�'fE I�A7'� N����� ;
<br /> 83,030.00 03/29/99 04/01/19 66200104772570001
<br /> (b)all other preseni or uture,wntten agreements wit en er t at re er speci ica y to t is ee o rust w e er execu 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) fuiure advances,whether obligaiory 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 fuil of all debt due under the line noiwithstanding the fact that from time to time(but before termination of the line)no balance may be
<br /> outstanding. At no time during lhe 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: $ as,o3n_o0
<br /> This provision shail not constitute an obligation 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 governmentai or quasi governmental 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 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 with 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" 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" pursuant to Section 311 of the Clean Water Ac1 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 ihat statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effeci. Grantor shall not lease or permit the sublease of ihe Property to a tenant or subtenant whose operations may
<br /> result in contamination of the Property with Hazardous Materials or toxic substances;
<br />
|