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<br /> ONEBRASKA 66200105�42990001 �
<br /> 99' 1��8� DEED OF TRUST 00485//CMB32 ��,
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<br /> WILLIAM MACK G80Rf3BN8 K. MILLSR, MICHABL CLINGSRMAN, 8S8 ATTACHMBNT A
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<br /> MARQD8TT8, NS 68854
<br /> ;'E�W!WNEl10. ;; ,!;I IDEN71�fG�71E3NNQ. ;; ;;.:. T�tEb+HONE:NO ;; i: ;;; Y3�!ITIFICA'fK51VNO
<br /> 505-70-9463
<br /> TRUSTEE: p.6. HANK NATIONAL A880CIATIOii
<br /> FARGO, ND 58103
<br /> n consi ration o 1 e 08f1 Of Ol @f Cf tt accomrrio ation ereina er speu ie an any uture a ances or 1U�B IQ�111011S,8S @ IIIB erein,WhIC
<br /> may hereinafter be advanced or incurred and the trust hereinafter menlioned 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 p,S. SANK NATIONAL 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 ali 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 im�xovements 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, hereditarnenis, and appurtenances including all development rights associated with the Property,
<br /> whether previousiy or subsequently transferred to the Property from other real property or now or hereafter susceptible of transfer from this Property to other
<br /> real property;leases,licenses and other agreements;rents,issues and profrts;water,well,diich,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 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 perfomrance 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 /> ;:: PqINCE.p�IG AII��ftJh��`f �Q�! #MUk�CTY; LGAN ,
<br /> > !GR�QI�.�#N44T >; �iQ�6�.M..�M��AT�::: . Di1T� ..;: ' 'N1�M4B�R
<br /> 6,697.00 05/28/99 06/10/05 66200105902990001
<br /> (b)all other present or uture,wntten agreemenis wtt en r t at re er spea i y to t is ee o rust w e er execu or e same or different
<br /> purposesthantheforegoing);
<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 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 ihe security of this Deed of Trust,exceed the following arnount: $ 6,697_00
<br /> This provision shall not constitute an obligation upon or comrmtment 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. 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 incorporaled herein by reference,which
<br /> Grantor agrees to pay and perform in a iimely manner;
<br /> (b) Grantor is in compliance in all respects wNh 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 govemmental or quasi govemmental entity has filed a lien on the Property,nor are there any govemmeMal,judicial or administrative actions with
<br /> respect to environmental matters pending,or to the best of the GraMor's knowledge,ihreatened,which involve 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 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 the ftriure. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regutated by any
<br /> governmemal authority 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 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. Grardor shall noi lease or pemit the sublease of the Property to a tenant or subtenarn whose operations may
<br /> resull in contamination of the Property with Hazardous Materials or toxic substances;
<br />
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