|
e ' m �l n � c> �_e
<br /> -„ rS �D ���,, � � . �
<br /> C l/� � -
<br /> = D Z � = rn � �:� - . � !"''1
<br /> rn tn � �c,,i _ ' �
<br /> !� S ° ,�„ � , , - a �
<br /> x � ( n � �� p„
<br /> r�n t�.`;;:. S t'n p�
<br /> � m y �a '�. e',� �,: N
<br /> o �y �- �
<br /> � � co _ ' � �
<br /> �� ,�
<br /> `� f� �
<br /> CJ �—�v
<br /> � �� C"'� f�.a� �
<br /> � � 9�- sassss � � Q
<br /> When Recorded �eturn io: ��S• S
<br /> C.L Title, Inc. �
<br /> 203 Little Canada Rci
<br /> NEBRASKA 66200105666380001
<br /> Ste 200 DEED OF TRUST 00483//WDB04
<br /> St. Paul, 1VIN 5511"/ 1�(n r� v; ..'.? �_��
<br /> , ; B�a��ow� __
<br /> �. . D[3 ::: ,: ::
<br /> �R� Q1G8R RARBN A. GIGBR, A BINGLB PSR80N .
<br /> -,, :i� . i: �� �' A1T,i p�'� , . . . .... ..
<br /> �.�.n .
<br /> . .;', .. ..:- :�:��F'99' .. .. �. +: , : , :. , .:: ', :, �'�.'� .. . . . ,. .
<br /> 314 BROOK[+INS DR
<br /> 6RAND ISLAND, NE 688018212
<br /> EM3IFIC�►?k)Nil�. , :: 1'EEEF�IL7lNEl1Q ! �V1'�IC
<br /> _..
<br /> I � ,,,.; 11'�K1lI:NO
<br /> }�,f�1qi!IE140� !:;: >, _ ;: ^
<br /> 508-68-1199
<br /> TRUSTEE: II.B. BANK NATIONAL ABSOCIATION �� �� D �� . �
<br /> FARGO, ND 58103 ��� /� c�z -�i(J
<br /> n consi eration o t e oan or ot er cr it axo tion ereina er spea and any ure a ances or ure igations,as ine erein,w ic
<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, co�veys and assigns to Trustee, his suxessors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefrt and securily of II.s. HANR NATIOiTAL AS60CIATION 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 whhout limitation all machinery,
<br /> equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in conneclion with the real
<br /> property,whether or not affixed to the land; privileges, hereditaments, and appunenances induding ali development rights associated with the Proparty,
<br /> whether previously 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 agreemenis;rents,issues and profits;water,well,ditch,reservoir and mineral rights and stocks pertaining to the real
<br /> propetty (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 Grarrior's heirs,represerrtatives and assigns,hereby expressly waRarrt,covenant,a�d
<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 performance of all present and future indebtedness, liabilities, obligations and
<br /> covenants of Borrower or Gramor(cumulatively"Obligations")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements:
<br /> 'RF�11�t"+lRA�,AMOUNTE 1+tQ'!'EJ : fRf1TU�FtY ! ;
<br /> I.G11N ;
<br /> <......GR�QIT.E�IT;: ;: ��M��I��?A7& ::; "t?ATF Nt3l�8�R i '
<br /> 20,548.28 05/18/99 05/15/09 66200105666380001
<br /> (b)all other presern or uture,wmten agreements wtt n r t at re er spea ica y to t �s o rust e er execu or e aama or different
<br /> purpoaes 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 optionai,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. Grarrtor 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 noiwithstanding the fact that from time to time(but before temvnation 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: $ �n„�aa_�a
<br /> This provision shall not constitute an obligation upon or commitment of Lender to make additional advances or loans to Gramor;and
<br /> (e)all amendments,extensions,renewals,modi6cations,replacements or substitutions to any of the foregoing.
<br /> As used in this Paragraph 1,the terms Grantor and BoROwer shall indude 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) Grarrtor has fee simple marketable title to the Properly and shall maintain the Properry free of all liens,security irrterests,encurnbranoes 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 corrp�liance in all respects with all applicable federal,state and local laws and regulations,including,without limitation,those relating to
<br /> "Hazardous Materiais,"as defined herein, and other environmental matters(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 govem►nental,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 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 conmiit or pembt 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,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 ihat 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 sirrilar state or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or perrrit the sublease of the Property to a tenant or subtenant whose operations may
<br /> resuh in coMamination of the Property with Hazardous Materials or toxic substances;
<br /> oa..e.,��
<br />
|