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<br /> • NEBRASKA 66200103591170002
<br /> DEED OF TRUST 00485//VJNO1
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<br /> DATVN PEARD RICHARD L CABTO, RRY8T11L CA8T0, HIIBHAND AND ➢PIF6 �
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<br /> RICHARD L CABTO
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<br /> 507 15TH RD li
<br /> PHILLIPB, N8 688652519
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<br /> i'�k.EpEION��IO. DENYl�IGATk31!I;Ni�. T�E�DHC�lEiNO 1bEN`I'IFIGAiK3NNO
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<br /> 506-02-2350
<br /> TRUSTEE: o.s. BANR NATIONAL A880CIATIO�T
<br /> PARGO, ND 58103
<br /> In consi ration o t e oan or ot er cr d axo tion ereina er spea an any uture a ances or uture igations,as in erem,w ich
<br /> may hereinafler be advanced or incurred and the trust hereinafter mentioned and other good and valuable�nsideration,the receipt and sufficiency of which
<br /> aze hereby acknowledged, Grarrtor 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 D.e. HANR NATIO�IAL A880CIATIOII ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of rust,under and subject to the terms an 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,logether with all present and future improvements and fixtures;all tangible personal property induding without limitation all machinery,
<br /> equipment, building materials, and goods of every nature (exduding 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 f�om other real propeAy or now or hereafter susceptible of transfer from this Property to other
<br /> real property;leases,licenses and other agreements;rerns,issues and proftts;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 Grarnor'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. OBUGATIONS. This Deed of Trust shall secure the 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 /> ''>i��i1N��,AMC�UN�'f MG�I: 14E�k'f�� : ;:4�7JkN :
<br /> CR�RI�i�tT: ��#��M�M�Di�Tfs D�1Tf NU�EB�>
<br /> 50,756.75 05/28/99 05/28/19 66200103591170002
<br /> (b)all other present or ure,wrttten agreements w n r t at re er spea y to t is o rust a 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 with the execution of this Oeed of Tn.ist,made or
<br /> extended on behalf of Grantor or Borrower. Grarnor agrees that if one of the Obligations is a line of credit,the lien of this Deed of Trust shall cominue
<br /> until payment 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 this Deed of Trust or any extension thereof shall ihe unpaid and outstanding secured principal future
<br /> advances,not including sums advanced by�ender to protect the security of this Deed of Trust,exceed the following amount: $ 50,756_75
<br /> This provision shall not constitute an obligation upon or comrritment 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 indude and also mean any Grantor or Borrower if more than one.
<br /> 2 REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represerns,warrants and covenants to Lender that:
<br /> (a) Grantor has fee simple marketable title to ihe Property and shall maintain the Property free of all liens,security interests,encumbrances and ciaims
<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) Grarrior is in compliance in all respects wfth all applicable federal,state and local laws and regulations,induding,without limitation,those relating to
<br /> "Hazardous Materials,' as defined herein,and other environmental matters(the "Environmental Laws"),and neither the federal government nor any
<br /> other govemmental or quasi govemmental ernNy has filed a lien on the Property,nor are there any govemmental,judiaal or administrative actions with
<br /> respect to environmental mariers pending,or to the best of the Grantor's Imowledge,threatened,which invoNe 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 ihe Property or transported any Hazardous Materials to or from ihe Property. Grantor shall not corrxnit 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,but not limited to,(i)petroleum;(ii)Mable 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 Conseroation 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 that statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or pemiit the sublease of ihe Property to a tenant or subtenant whose operations may
<br /> resuN in corrtamination of the Property with Hazardous Materials or toxic substances;
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