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<br /> � (�� ** THIS DOCUMENT IS BEING RE—RE�O ED TO CORRECT THE LEGAL DESCRIPTION **
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<br /> � ����t����' r� . „_:� � g 9746
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<br /> 9��1a�825 � '"' ''
<br /> � DEED OF TRUST �
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<br /> eat��ow�� _ _ �Rar�ro�
<br /> ��TINA &.�HALM, HOSIB HIIDSON, BOTH SINGLE PERSONS I
<br /> TINA HALM
<br /> HOSIS H. HIIDSON
<br /> _. ,! a���ss ;'aon��ss
<br /> �
<br /> 320 LINCOLN AVB N
<br /> GRAND IBLAND, N& 688014720
<br /> ,.
<br /> " "Ri�NT1FfCA7k3N NQ ;:; ' 7EC,�HONE;NO ' ; ��
<br /> �.EPH�TIE 1� ! _ IGATk51V NO
<br /> 507-17-3287
<br /> TRUSTEE: o.s. BANK NATIONaT+ ASSOCIATION
<br /> FAR(i0, ND 58103
<br /> - n consi ration o t e oan or ot er cr d accorrvno t�on ereina er speG an any uture a ances or future igations,as de ned erem,whic
<br /> may hereinatter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration,the re�ipt and suffiaency of which
<br /> are hereby adcnowledged Grantor hereby irrevocably warcants, bargafns, seils, transfers, grants, conveys and assigns to Trustee, his suocessors and
<br /> assi�s,IN TRUST WITH POWER OF 3ALE for the beneflt and securiiY�f u.e. exivx xazzaa�rnt. Assocv►�xa�t Nn
<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 irr�rovements and fixtures;all iangible 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 ihe Property,
<br /> whether previousiy or subsequently transferred to the Property from other reai property or now or hereafter susceptible of transfer from this Property to other
<br /> real property;leases,licenses and other agreemenis;rents,issues and profits;water,well,ditch,reservoir and mineral rights and stocks penaining to the real
<br /> property(currx�latively"Property");to have and to hold the Property and ihe 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 suxessors and assigns as follows:
<br /> 1. OBUGATIONS. This Deed of Trust shall secure the paymem 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 /> > PRINC.EpAE,AMC?UN�'I Nd'1'�J `: MA'R31�Ci9F ; N�FfdIB�Et
<br /> , 1kqRF,&ME�NT DA'!� ;: 5L'�1'I�
<br /> �R�QIT 1,EMIT ,
<br /> 39,000.00 12/30/98 01/10/19 66200103497460001
<br /> (b)all other presem or ure,w en agreeme s w en r t at re er spea y to t is o rust er sx r e sams or diffxent
<br /> purposes 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 Trusi;
<br /> (d) future advances,whether obligatory or optional,to the same exlent 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 noiwithstanding 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 Trus1,exceed the foliowing amount: $ �a,onn_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 amendments,wctensions,renewals,modifications,replacements or substitutions to any of the foregoing.
<br /> As used in this Paragraph 1,the terms Grantor and Borrower shall indude and also mean any Grantor or Borrower if more than one.
<br /> 2 REPRESENTATIONS,WARRANTIES AND�OVENANTS. Grantor represents,warrants and covenants to Lender that:
<br /> (a) Grantor has fee simple marketable title to the Property and sha�l maintain the Property free of all liens,security inierests,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 ihere any governmental,judicial or adminislrative 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 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 /> govemmental authority including,but not lirr�ted to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those subslances,
<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 /> pursuani 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 10' 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, regulation or
<br /> ordinance now or hereafter in effeci. 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 /> Page 1 of 6
<br /> NEDOT Rev.12/97
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