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,� !:s:�'" .�' <br /> u <br /> f <br /> gg_ 1�s�so <br /> After Recordation Return to: <br /> Union Bank & Trust Company <br /> Grand Island Branch <br /> 2008 N. Webb Road <br /> Grand Island, NE 68803 <br /> DEED OF TRUST <br /> BORRbWER _ (3RANTOR. <br /> Richard L. Hartman Richard L. Hartman, Husband and Wife <br /> Patricia A. Hartman Patricia A. Hartman, Husband and Wife <br /> ' �►nna�ss ; <br /> Rt. #2 , Box 16 2 g _ <<. apqp�ss:; <br /> Islandr : R801 c;ran�2ts�°and16�1E 68801 <br /> ;a��c��� <:: ». �i�st �'�i I': '1'EL:EFHqME NG'; ,s .. . s ;: O G 4 4��1 l� <br /> 5 -��-�'�`7 .. . : <; -;; ; <br /> 5 , _. ,7 <br /> ;; <br /> TRUSreE: Union Bank & Trust Company Grand Island Branc , . e <br /> Grand Island, NE 68803 <br /> In consideration of the loan or ot . <br /> her credit accommodation hereinafter specified and any future advances or future Obligations,as defined herein, <br /> which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and <br /> sufficiency of which are hereby ackno ledged G ntor her b r I ar i s, f g y ns to Trustee, his <br /> su`1���aRf as����tr`�b�`' ,a�ri-°rl,��nkc & ?'��Y��y������ U��"�fi`� ��3�4i'� ��'���� <br /> ("Lender"), the <br /> beneficiary under this Deed of Trust,with power of sale and right of entry and possession ail of Grantor's present and future estate, right,title and <br /> interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference,together <br /> with all present and future improvements and fixtures;all tangible personal properry,including,without limitation,all machinery,equipment,building <br /> materials,and goods of every nature (excluding household goods)now or hereafter located on or used in connection with the real property,whether <br /> or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with the real property, <br /> whether previously or subsequentiy transferred to the real property from other real property or now or hereafter susceptible of transfer from this real <br /> property to other real property; all leases, licenses and other agreements; ail rents, issues and profits; all water, well, ditch, reservoir and minerai <br /> rights and stocks pertaining to the real property(cumulatively"Property");to have and to hold the Property and the rights hereby granted for the use <br /> and benefit of Trustee,his successors and assigns,until payment in full of all Obligations secured hereby. <br /> Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly <br /> warrant,covenant,and agree with Lender and Trustee and their successors and assigns as foliows: <br /> 1. OBLIGATIONS. This Deed of Trust shall secure the payment and perfarmance of al R/esQnt and future u'�debte ne liahi�'�ti �b S <br /> covenantsofBorrowerorGrantor(cumulatively"Obligations")toLenderpursuantto: ��1 .LOariS �i �'e�O�t� 1li�u��$.��110W— <br /> a this Deed of Trust and the foilowin romisso notes and other a reements: �-ricJ I�Llt no limitea t(� o awing <br /> i INTERE T P�31N�'PAL 4►M UNT !F1tMa1N ; 11lATitRi� j! U�Ki—�R t AM. <br /> ` ' RATE ,:; <::CREDITLIMiT: :..!s.:AQREfMEGt:7.E1�1TE s . .DATE , ;:: !Nk181lBER:`:: .. < ;:; .NV g R <br /> $�1��s8 <br /> 8/16/89 2000011456 <br /> 5/20/91 2000013382 <br /> 5/20/91 2000013381 <br /> 5/20/91 2000013383 <br /> (b) all other present or future written agreements with Lender that refer specifically to this Deed of Trust whether executed for the same or <br /> different purposes than the foregoing); <br /> (c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust; <br /> (d) future advances,whether obligatory or optional,to the same extent as if made contemporaneously with the execution of this Deed of Trust, <br /> made or extended to or on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit,the lien of this Deed of <br /> Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of <br /> the line)no balance may be outstanding. At no time shall the lien of this Deed of Trust,not including sums advanced to protect the security of <br /> this Deed of Trust,exceed$ �,(1(L� p n o 0 0 ;and <br /> (e)ail amendments,extensions,renewals,modifications,replacements or substitutions to any of the foregoing. I <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 marketabie title to the Property and shall maintain the Property free of afl liens,security interests,encumbrances and <br /> claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by <br /> reference,which 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 <br /> relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federal <br /> government nor the state where the Property is located nor any other governmentai or quasi governmental entity has fiied a lien on the Property, <br /> nor are there any governmental,judicial or administrative actions with respect to environmental matters pending,or to the best of the Grantor's <br /> knowledge,threatened,which involve the Properry. Neither Grantor nor,to the best of GrantoPs knowledge,any other party has used,generated, � <br /> released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any <br /> Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous <br /> Materials"shall mean any substance,material,or waste which is or becomes regulated by any governmental authority including, but not limited <br /> to: (i) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a <br /> "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any <br /> amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a"hazardous waste"pursuant to Section <br /> 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute;and (vi)those substances,materials or <br /> wastes defined as a"hazardous substance"pursuant to Section 101 of the Comprehensive Environmental Response,Compensation and Liability <br /> Act,or any amendments or replacements to that statute or any other simitar state or federai statute,rule,regulation or ordinance now or hereafter <br /> in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of <br /> the Property with Hazardous Materi�ls or toxic substances; <br /> (c) All applicable laws and regulations,including,without limitation,the Americans with Disabilities Act,42 U.S.C.Section 12101 et seq. (and all <br /> regulations promulgated thereun�er)and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or <br /> municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with In all material reapects, and all <br /> rights,licenses,permits,and certificates of occupancy(including but not limited to zoning variances,special exceptions for nonconformin8 uses, <br /> and final inspection approvals),whether temporary or permanent,which are material to the use and occupancy of the Property,presently are and \ <br /> nL...11 L.....L.��:..�J .�.______�__� __�__ . . <br />