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<br /> LAIIRffi4CS SVANB BDWARD A. KOLAR, A BINGLH PER80N
<br /> BDSPARD KOLAR
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<br /> 1512 N6iP8CA8TLH RD .
<br /> GRAND IBLAND, NE 688017033
<br /> tEl.�iMi�lE�t0 >; >',:.. IGEMATIF(GA7'kiN NQ ;: ; T�L�PHO!NE!N4 ,' ' _
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<br /> 507-36-7553
<br /> TRUSTEE: u.s. HANK NATIOTiAL ASSOCZATION
<br /> FARGO, ND 58103
<br /> n consi ration o t e oan or ot er cr �t accommo tion erema er spea e an any uture a ances or uture igations,as de ined herein,w ich
<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, GraMor 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 beneflt and security of II.g, g�K NATIONAL ASSOCIATION ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of ►ust,under and subject to the ierms and conditions herein set forth,with right of entry and possession all of Grantor's present �
<br /> and fuiure estate,right,title and interesi in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein 2
<br /> by this reference,together with all present and future improvements and fixtures;all tangibie 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");lo have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and
<br /> assigns,urrtil payment in fu�l 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 shail secure the payment and perfomiance of all present and future indebtedness, liabilities, obligations and
<br /> covenanis of Borrower or Grantor(cumulatively"Obiigations")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following prorrussory notes and other agreements:
<br /> p�lIIVC1��IE,AIM�UN�I ', t�If��t < 6A71TU�::; LOAN ,,,
<br /> ' ' ' ;I�t�E�ffB�Ft
<br /> �R�RI��M4T AqRFi�M�NT�i11'F ; ;�7A"f�
<br /> 22,500.00 04/30/99 04/30/19 66200105309980001
<br /> (b)all other presen or ture,wntten agreements wit n r t at re er spea ica y to t is ee o rust e er execu or e same or different
<br /> purposes than tha 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 exterrt as if made conterr�oraneously with the execuiion of this Deed of Trust,made or
<br /> extended on behalf of Grantor or BoROwer. Graritor agrees that if one of the Obligations is a line of credit,the lien of this Deed of Trust shall continue
<br /> until paymeM in full of all debt due under the line notwithstanding 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 ihis 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�,sno_on
<br /> This provision shall not constitute an obligation upon or comrrritment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modifications,repiacements 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,waRants and covenants to Lender that:
<br /> (a) Grarrtor has fee simpie marketabie title to the Property and shaii 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 ariached 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 ali 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 environmentai matters(the"Environmental Laws"),and neither the federal government nor any
<br /> other govemmernal or quasi govemmental 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 knowiedge,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 corrxrwt 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)po�ychlorinated 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 ihe
<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 amendmerrts 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 that statute or any other similar state or federal staiute, rule, regulation or
<br /> ordinance nbw or hereafter in effect. 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.1Z97
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