|
- ' � n n t p ,n �,
<br /> + (1 n G n 2 � O D
<br /> . • � cDi� � � m � ""� -{ rn � ,—�,.
<br /> . � s cn �, � °
<br /> �� N O � � --��p�
<br /> "T1 � � � l--�,: LZ.
<br /> o ��.. S m �
<br /> m �) � 2> tz� O y
<br /> n'1 l' �� �.
<br /> o r r � �
<br /> � �' U' N .-Ni�
<br /> � -2y � '��'
<br /> CJl ��'' �
<br /> -� � W �
<br /> � � 99_ s+�5283 °,
<br /> �e� Reco�c�d Return To.
<br /> C.I. Tirle�, Inc.
<br /> 203 Little Canaua Rd NEBRASKA 66200105114930001
<br /> Ste 20G
<br /> st. �aui, ivlN 55i1 i DEED OF TRUST o0485//VJN01 ���
<br /> I ��'�33 t�.�"
<br /> ... .:::�� �
<br /> , �� �
<br /> Vl1NH8Y B�SANITH VANHSY 80DISANITH, TANG 80iQ8ANITH, HIISHAND AND ➢PIFB
<br /> � � � ���. . ;i
<br /> .',. , .::,','. .,:,,. ._ . .
<br /> .�:... .: ... .
<br /> '! �p�9B
<br /> 808 OAK BT 8
<br /> CiRAND I6LAND, NS 688017925
<br /> "�;EWiGi!iE$K7l. :; ;; I�CATk�N N�. ; ,;;, 7Ef:�V1i8NE!NO ;;,. I[iEN71FICX'�IfJ�1.N0
<br /> as4-s5-asio
<br /> TRUSTEE: II.B. HANK NATIONAL A880CI1►TION
<br /> FARCiO, ND 58103 y3as �'►�\, ��/� �W
<br /> n consi ration o t e oan or ot er cre tt accommo ation erema er spea an any uture a ances or ure igations,as e ine erein,w ic
<br /> rt�ay 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,g� g�K NATIONAL ASSOCIATIODi ND
<br /> ("Lender"), the
<br /> beneflaary under this Deed of Trust,under and subject to the temis and conditions herein set forth,with right of emry and possession ali of Grantor's present
<br /> and future estate,rigM,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 preserrt and future improvemerris and fixtures;all tangible personal property including without limitation all machinery,
<br /> equiprnerri, building materials, and goods of every nature (exduding consumer goods) now or hereaher located on or used in connection with the real
<br /> propeAy,whether or not affixed to the land; privilages,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 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,represerrtatives and assigns,hereby expressly warcant,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 ali present and future indebtedness, liabilities, obligations and
<br /> covenants of Borcower or Grantor(currwlatively"Obligations")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements:
<br /> , pCi1h�RAE,AMDUN�fi >:;.�p}� �Alk?�tl�'Y : I.�AN :
<br /> i GR�RIT.�.�IRET AqRE�M�N'��CA1'E ; ,:::�i11'� > `:<Nl�fMB�Fl; ; ; '
<br /> 64,556.78 04/15/99 05/01/19 66200105114930001
<br /> (b)all other present or ure,wntten agreements wit n r t at re er spea ica y to t is ee o rust e ar 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 with the execution of this Deed of Trust,made or
<br /> extended on behalf of Gramor or Borrower. Grantor agrees that if one of the Obligations is a line of credh,the lien of this Deed of Trust shall continue
<br /> until payment in full of all debt due under the line notwithstanding the fact that from time to time(but before termina�ion 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 induding sums advanced by Lender to protect the security of this Deed of Trust,exceed the following amount: $ �a �Ge �a
<br /> This provision shall not constitute an obligation upon or comrrutmeM 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 mo're than one.
<br /> 2 REPRESENTATIONS,WARRAN7IES 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 deflned herein, and other environmental matters(the "Environmental Laws"),and nefthet'the federal government nor any
<br /> other govemmental or quasi govemmental entity has filed a lien on the Property,nor are ihere any govemmental,judicial or administrative actions with
<br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,threatened,which involve the Property. Neither Granior nor,to the
<br /> best of Grantor's knowledge, any other party has used, generated,released,discharged, stored, or disposed of arry Hazardous Materials as deflned
<br /> herein,in connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shal!`not commit or permit such actions
<br /> to be taken in the future. The term "Hazardous Materials" shall mean any substance, material, or waste whicir'is or becomes regulated by any
<br /> govemmerrial 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 amendments or replacements to these statutes; (v)those substances, materials or wastes defined as a"hazardous waste"
<br /> pursuant to Seclion 1004 of the Resource Conseroation and Recovery Act or any amendments or replacemeriis 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, regulation or
<br /> ordinance nbw or hereafter in effect. Grantor shall not lease or pemwt the sublease of the Property to a tenant or subtenant whose operations may
<br /> resuft in contamination of the Property with Hazardous Materials or toxic substances;
<br />
|