|
. � p = �
<br /> rn
<br /> T rn N
<br /> � � n � " ��� 2
<br /> rn tn �; � .:"�
<br /> n -.. •• ! ' � .�q �} cn
<br /> � y' � � i � :- -� _
<br /> • q � � M .�� ._,,_ l � ^
<br /> � \ � '�7 � �
<br /> .��(� '=j �` CY� �� � �
<br /> V ' \l►` .�. �,� (y
<br /> ..t �V -i rr� t/)
<br /> : � S`n : C:J �
<br /> r —_ �'?' ., �
<br /> 1 - �
<br /> ,n � `a r_ ;�; � 2 :
<br /> � � -�` �--... f.sJ C�b
<br /> � C:� �
<br /> � � �
<br /> NEBRASKA 66200105802330002 a
<br /> 9g'1�5830 DEED OF TRUST 00485//VJN01
<br /> �
<br /> > ; ;: ;< ' >
<br /> ' ,:... �
<br /> ;: ';' �
<br /> JSRBMY D LONG JEREMY LODiO, A 8IN(3I,S PSRSON �,(�
<br /> �
<br /> V
<br /> _.
<br /> ;` �Q �. _
<br /> ,,, ;;
<br /> i APUFt�9 ;:: ;: '>: Jk . R e&:: ;;: , ; ';'.
<br /> a4 xussmax i,axs
<br /> GRAND ISZ,AND, N8 688018609
<br /> ,. , <
<br /> s, 1DEN'[�I�AYKMM�1'�IC... <; '
<br /> Tf.i.EP1�3F�E'.i!IC ?;: ';; �iElIIIFICATkiN MQ. >;: T�1Mn'!�,NO` YK . , _
<br /> _....::...
<br /> 507-21-1084
<br /> TRUSTEE: n.8. HANK NATIODIAL A880CIATIaN
<br /> PARt30, ND 58103
<br /> n consi ration o t e oan or ot er cr d acco tion erema er spea i an any ure a ances or ture igations,as e ine erein,whic
<br /> may hereinafter be advanced or incurred and the trust hereinafler 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 D,s. BANK NATIOI�AL A880CIATIOTi ND
<br /> ("Lender"), the
<br /> benefiaary un r this 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 fulure improvemems 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, hereditamenis, 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 hereafler 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 (cumulatively"Property");to have and to hold the Property and the righls 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 agreemerns:
<br /> t?E�1�1G�A�,A►IYl�UN'#� ;:1�I01'� .: �GIA�► !I.�AN
<br /> >:.:..�R�RIT�11�lfT;>: ' . AQRfiEM�MT�A'ff DfiTE N�'f1�8�#�
<br /> 9,618.25 06/03/99 06/03/09 66200105802330002
<br /> (b)all other present or uture,wntten agreements w n r t a re er spea y to t is ee o rust e er execu or e same or different
<br /> purposes than the foregofng);
<br /> (c) any guararny 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 cornemporaneously with the execution of this Deed of Trust,made or
<br /> extended on behalf of Grantor or Borcower. 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 deM 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 Lender to protect the security of this Deed of Trust,exceed the following amount: $ a�61 R_25
<br /> This provision shall not constitute an obligation upon or comrrrtment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modifications,replacemeMs or substilutions to any of the foregoing.
<br /> As used in this Paragraph 1,the terms Grantor and BoROwer shall include and also mean any GraMor or Bonower if more than one.
<br /> 2 REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represerns,warrants and covenants to Lender that:
<br /> (a) Granlor 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 to pay and perform in a timely manner;
<br /> (b) Grantor is in compliance in all respects wilh all applicable federal,state and local laws and regulations,including,without limitation,those relating to
<br /> "Hazardous Materials;as defined herein,and other environmental mariers(the"Environmental Laws"),and neither the federal govemment nor any
<br /> other govemmental or quasi govemmental entity has filed a lien on the Property,nor are there any govemmental,judicial or administrative actions with
<br /> respect to environmental matters pending,or to ihe best of ihe Grantor's knowledge ihreatened,which involve the Property. Nefther Grantor nor,to the
<br /> best of Grantor's knowledge, any other party has used, generated,released,disctiarged stored,or disposed of any Hazardous Materials as defined
<br /> herein,in connection with the Propeny or transported any Hazardous Materials to or from the 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 /> govemmental authority including,lwt not limited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wastes designated as a"hazardous subslance" 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 /> pursuam to Section 1004 of the Resource Conservation and Recovery Act or any amendmer�ts 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 amendmerns 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 pemit the sublease of the Property to a tenant or subtenant whose operations may
<br /> resuft in contamination of the Property wfih Hazardous Materials or toxic substances;
<br />
|