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<br /> � 1(�5��� NEBRASKA 66200105564070001
<br /> �� DEED OF TRUST oo4e3//r�Ras �,?`�
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<br /> R088 PLBTCHER N� ROSE Ld00DS Ta�B T�`T�• A 6INGLS PSRSON
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<br /> GRAND ISLAND, NE 688013925
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<br /> ' �ENT1FtCATk3NNi�, I:; ; ; 'C£LERkt�kNE!NG >: ' ID�lITIpI�AikM�l10.
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<br /> TRUSTEE: II.B. BANR NATIONAL A850CIATION
<br /> FAR(i0, ND 58103
<br /> n consi eration o t e oan or ot er cre d axo t on ereina er spe an any uture a ances or ture igations,as in erein,w ic
<br /> may hereinafler be advanced or incurred and the trust hereinafter merrtioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, selis, transfers, grarris, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of II.S. BANR NATI�IAL A890CIATION ND
<br /> ("Lender"), the
<br /> beneficiary un er this Deed of Trust,under and subject to the terms and con itions herein set forth,with rigM 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 presern and future improvements and fixtures;all tangible personal property including without limitation all machinery,
<br /> equipment, building materials, and goods of every nature (exduding consumer goods) now or hereafler located on or used in connection with the real
<br /> property,whether or not affixed to the land; privileges, hereditamerrts, 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 rigMs and stocks pertaining to the real
<br /> property(currwlatively"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,uMil 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 foilows:
<br /> 1. OBUGATIONS. This Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obligations and
<br /> covenams 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 /> 67,SOQ.00 05/13/99 05/15/19 66200105564070001
<br /> (b)all other present or ulure,w en agreements wrt n r t at re er speci y to t is ee o rus w e er execu or e same or different
<br /> purposes than the foregoing);
<br /> (c) any guararny of obligations of other parties given to Lender now or hereatter executed that refers to this Deed of Trust;
<br /> (d) future advances,whether obligatory or optional,to the same extent as if rrmde 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 shali continue
<br /> until payment in full of all debt due under the line notwithstanding the fact ihat 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: $ s�,�no_o0
<br /> This provision shall not constitute an obligation upon or corrurutment of Lender to make addftional advances or loans to Grantor;and
<br /> (e)all amendments,e�ensions,renewals,modifications,replacements or substitutions to any of the foregoing.
<br /> As used in this Paragraph 1.1he 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) Gramor has fee simple marketable title to the Properry and shall maintain the Property free of all liens,security interests,encurnbrances and claims
<br /> except for this Deed of Trust and ihose 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) Gramor is in compliance in all respects with all applicable federal,state and local laws and regulations,including,without lirr�tation,those relating to
<br /> "Hazardous Materials,"as defined herein,and other environmentai 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 govemmental,judicial or administrative actions with
<br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,threatened,which invoNe the Property. Neither Grantor nor,to the
<br /> best of Gra�tor'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 io or from the Property. Grantor shall not corrxryt 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 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 amendmerrts or replacemems 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 Acl 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 replacemerns to that statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance nbw or hereafter in effect. Grantor shall not lease or permit the sublease of the PropeRy to a tenant or subtenant whose operaiions may
<br /> result in coMamination of the Property with Hazardous Materials or toxic substances;
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