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<br /> 2�31.�t�1e C�slaua ���� NEBRASKA ssaooio53za4a000l ,�,�
<br /> st�: 2c�U DEED OF TRUST 00483//MLR25 `�Q
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<br /> MICHASL WSSTPFAHL MICHAEL P. W88TPFAHL, DENI88 W. WESTPFAHL, HIISBAND AND NIFE
<br /> DSNIBE WEBTPFAHL
<br /> AKA DIIJISE WESTPFAHI. _ _
<br /> , ADQRESS 's.
<br /> , „ ,ADpF�ES$. ' ;: _
<br /> 420 ORLBANB DR
<br /> GRAND ISLAND, N8 668034137
<br /> _
<br /> �Hi�TIE MO �i�.F.:(EATkiIV N0. 'T�E�?1iftNE NO,,', 1lS�NTI�IGA7NNV 1V0.
<br /> 508-76-5226
<br /> TRUSTEE: II.B. BANK NATI�IAL A880CIATION ^I� ' I
<br /> FARGO, ND 58103 �V �
<br /> n consi eration o t e oan or ot er cre it accommo ation ereina er spec ied and any future a ances or uture Obligations,as de ined 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 II.B. BANK NATIONAL A860CIATION 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 this reference,together with all present and future improvements and fixtures;all tangible personal property including without limitation all machinery,
<br /> equipment, building materiais, 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 righis associated with the Property,
<br /> whether previously or subsequently lransferred to the Property from other real property or now or hereafter susceptible of transfer from this Property to oiher
<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");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,Grarnor 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 foilows:
<br /> 1. OBLiGATIONS. This Deed of Trust shall secure the payment and performance of ail present and future indebtedness, liabilities, obligations and
<br /> covenants of Borrower or Grantor(cumulatively"Ob�igations")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following prorrussory notes and other agreements:
<br /> P1i11+1tC1�14E.AMDLIN]'J l�IE'��'PJ ; d4A"rl3l!2ETY I:dAN
<br /> '<: CR�RIT 1,4A(fiT : l��iRF,�M�N.T�3ATfs DI1T� Ni�N�6ER
<br /> 52,337.08 04/27/99 05/15/19 66200105322420001
<br /> (b)all other present or uture,wntten agreements wit en er t at re er speci ca y to t is ee o rust w e 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 Deed of Trust,made or
<br /> extended 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 Trust shall continue
<br /> until payment in full of all debt due under the line notwithstanding the faci 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 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: $ 5�,j37_OA
<br /> This provision shall not constitute an obligation upon or corrxretment 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 a�so 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 /> 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 lo 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 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 govemmental entity has filed a lien on the Property,nor are there any governrr�ntal,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 Granior 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 the Property. Grantor shall not commit or permit such actions
<br /> to be taken in the future. The term "Hazardous Materiais" shali mean any substance, material, or waste which is or becomes regulated by any
<br /> governmental authority including,but not lirruted 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 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 perrrwt the sublease of the Property to a tenant or subtenant whose operations may
<br /> resuit in corrtamination of the Property with Hazardous Materials or toxic substances;
<br />
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