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<br /> 1�hen R�°cnrr�ed Return 'Ib:
<br /> `� " ' �� NEBRASKA 66200100739810002 �
<br /> �'` ' � �' � � �a�"�`?`� `��.� DEED OF TRUST `�
<br /> ,, `j 00483//MLR25 �,
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<br /> BLEANOR L09ikY MARK LANB LOWRY, A 9INGLE P8R80N �
<br /> �
<br /> MARK LO�VRY
<br /> I
<br /> ; ;s; kl�D�t�39 > > ';!: >:: ' ::'i�DOR£9S
<br /> aao suLxa Lx
<br /> SEDONA, AZ 863369647
<br /> T�IE�IL� IDENTIFrCA7kiN:NO. 7EE.Ei?1ifJNE:NO, iD�!11'IFICATKN!I N0.
<br /> __ 344-36-5748
<br /> TRUSTEE: 0.8. BANK NATIONAL A88 IA ION "� II,' / �
<br /> FAR(i0, ND 58103 U" �Y�Q
<br /> �/ �
<br /> n consi eration o t e oan or other cre it accorruno at�on ereina er speci ie an any uture a ances or uture O igations,as define erem,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 p,g, g�K NATIONAL A880CIATION 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,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 ihis reference,together 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, heredhaments, and appurtenances inciuding 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(cur�wlatively"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 ail Obiigations 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 the payment and performance of all present and future indebtedness, liabilities, obligations and
<br /> covenanls of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to:
<br /> (a)this Deed of Trust and ihe foilowing promissory notes and other agreements:
<br /> PRIFiCft�A4,AMGUFlFfi AH9T�J>: �Ik'RIRETY I.dAN
<br /> �R�RI�t�E1�E1T lk4i£�F.�M�MT:�iAT� t3i11'� NIJMB�R.,
<br /> 65,700.00 04/30/99 05/15/19 66200100739810002
<br /> (b)ali other present or ture,wrrtten agreements wit en r t at re er speci ca y to t is ee o rust w e er execu o e same or different
<br /> purposes then 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 Grantor or Borrower. Grantor agrees ihat if one of the Obligations is a line of credit,ihe 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 terrr�nation of the line)no balance may be
<br /> outstanding. At no fime 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��nn_nn
<br /> This provision shall not constitute an obligation upon or comrrdtment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendmerns,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 more than one.
<br /> 2. REPRESENTATIONS,WARRANTIES 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 /> excepl 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) Grarrior 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 environmenial matters(the "Environmental Laws"),and neither the federal government nor any
<br /> other govemmentai or quasi governmental entity has filed a lien on the Property,nor are there any governmentai,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 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 induding,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 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 101 of the Comprehensive Environmenial Response,
<br /> Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federai statute, rule, regulation or
<br /> ordinance now 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 />
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