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<br /> 203 Little Canaua �c� NEBRASKA � 66zooso5o�sos000l �„�
<br /> Ste 200
<br /> St. �aul, MI� 55 r 1 i DEED OF TRUST 00483//MLR25 �
<br /> 35��"�/ �
<br /> ea� �w�� �R�rrra� ,
<br /> I�GARY E. MC KOSKI KATHLHEN K. MICHEL*A SINGLE PERSON'F/K/A KATHLESN K. SMITH ��I
<br /> i
<br /> KATHY MICHEL �
<br /> si IRL��3�� ?ADQR�g3
<br /> 623 DSAN E '���
<br /> GRAND ISLAND, NE 688013001 I
<br /> TEI.Ef>HQME Mb. I�F.N'El�ICA7101!I IVQ 7ELEPHfSNE M0. 11�EN`i�IGA710N N0.
<br /> _ ;:: , _ _
<br /> 505-82-6632
<br /> TRUSTEE: II.S. BANK NATIONAL ASSOCIATION N� /�-,�-5 �. r ��,�Q. �
<br /> FARGO, ND 58103
<br /> In consideration o the loan or ot er credit accommo ation hereinafter specified and any future advances or future bligations,as defined herem,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.5. 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,righi,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 ihis reference,logether with all present and future improvements 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 lransfer from this Property 10 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 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 ihe 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 /> PRIFICIPiAL AMOUh13'! �lbT�l, MATllRETY s LdAN :
<br /> GR�QIT LfM1T �GR�M�NT�AT� J�i11'� NUMB�R:
<br /> 56,700.00 04/15/99 04/15/19 66200105071030001
<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 et er execu or e same or different
<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 Trust;
<br /> (d) future advances,whether obligatory or optional,to the same extent 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 1he 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 Trust,exceed the following amount: $ ss,�oo_on
<br /> This provision shall not constit�te 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 Granlor or Borrower if more than one.
<br /> 2. REPRESENTATIONS,WARRANTIES AND COVEN�►NTS. Grantor represents,warranis 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 "Environmenial 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 administrative actions with
<br /> respect to environmental matlers pending,or 10 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 /> governmental authority including,bul 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 io Section 1004 of the Resource Conservalion 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 thal siatute or any other similar state or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effect. Grantor shail 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 />
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