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<br /> C.L T�i�?e, �n��. NEBRASKA ss2oosos3�5i4000i �
<br /> 2U3 Little Canac�a r'=��
<br /> sc� 2���` DEED OF TRUST 00485//K R13 �
<br /> St. �'aul, 1VIN 55 f 1% ��j-���:-��" �
<br /> eca��c�w�� ! ;>:> ' ��Mro� o
<br /> " SANDRA HOLMES LAfPRENCE L. HOLMBB, SANDRA HOLMBS, HIISBAND AND WIFS
<br /> LAWRENC6 HOLMES
<br /> I
<br /> ' I
<br /> I I' ADDRES9 ADLIRES3',
<br /> II 1836 TAYLOR AVEN
<br /> � GRAND ISLAND, NE 688032636
<br /> 7£LEPHOME Ma. IDENFIFfCA710N:NQ 'I'ELEPHONE N0. 1DENTIFIGA"1'kkNV N0. �
<br /> 507-70-0040
<br /> TRUSTEE: II.S. BANK NATIONAL ASSOCIATION /� � I
<br /> FARGO, ND 58103
<br /> In consideration of the loan or ot er cre it accorrvno t r ina er s i ied an an uture a ances or fuiure Obligations,as defined herein,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 Q.B. HANK NATIODiAL 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 ihis Deed of Trust and incorporated herein
<br /> by this reference,together with all present and future improvemenis and fixtures;all tangible personat 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 ihe 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 iransfer 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 penaining to 1he 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,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 pertormance 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 agreemenls:
<br /> PRI�1C[PI1L AMdt7NT! NCl'�/::: MATIiI�tETY : LOAhI
<br /> : CR�017�.EMEIT IkQRF.&M�NT;C�A1'� f3A1'� N11M�ER >�.
<br /> 56,980.56 04/29/99 05/14/19 66200105375140001
<br /> (b)all other present or uture,wntten agreements wit en er t at re er spea ica y to t is ee o rust w et er execut or t e same or different
<br /> purposes than the foregoing);
<br /> (c) any guaranty of obligaiions 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 /> eMended on behalf of Grantor or Borrower. Grantor agrees ihat if one of the Obligations is a line of credit,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 io 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 Lender to protect the security of this Deed of Trust,exceed the following amount: $ se,9R0_56 .
<br /> This provision shall not constitute an obligation upon or commitmeni 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 more than one.
<br /> 2. REPRESENTATIONS,WARRANTIES AND COVENANTS. Granlor represents,warrants and covenants to Lender tha1:
<br /> (a) Grantor has fee simple marketable title to the Property and shall maintain lhe Property free of all liens,security inlerests,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 appiicable federal,state and local laws and regulations,including,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 governmental or quasi governmental entily 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 knowledge,lhreatened,which involve lhe 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 ihe future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any
<br /> governmental aulhority 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 Conservation and Recovery Act or any amendments or replacemenls to that statute; and (vi) those
<br /> substances, materials or wastes defined as a "hazardous subslance" pursuant to Section 101 of the Comprehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendments or replacements to ihat statute or any other similar state or federal 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 sublenant whose operations may
<br /> result in contaminaiion of the Property with Hazardous Materials or toxic substances;
<br />
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