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Afte Recordation Return to:
<br />Union Bank & Trust
<br />Grand Island Branch
<br />2008 N Webb Rd PO Box 5166
<br />Grand Island, NE 68802
<br />DEED OF TRUST
<br />Richard D Aguilar ueboran a Aguilar, wife and husband
<br />Deborah J Aguilar Richard D Aguilar, wife and husband
<br />3
<br />220 E Vgth St A A U is 1-& n sL
<br />Grand Island, NE 68801 Grand Island, NE 68801
<br />TEiEPHSINE HEJ ,O.. KTEFfCA4 M1 .... TE1 . EPHQ1'fE }l4 tDEkrJFlCAtii?1I IiKi.
<br />(308) 381 -1774 506606862 (308) 381 -1774 506666862
<br />TRUSTEE: Union Bank & Trust Company Grand Island Branch
<br />2008 N Webb Road, Grand Island, NE 68803
<br />in consiaeraton or the loan or otner cretin accommodation nerelnaner specitled and any future advances or future Obligations, as defined herein,
<br />which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and
<br />sufficiency of which are hereby acknowledged Grantor hereby irrevocably bargains, sells, transfers, grants, conveys and assigns to Trustee, his
<br />successors and assigns, intrust, for Union hank & Trust Grand Island Branch, 2008 N Webb Rd PO Box
<br />5166, Grand Island, NE 68802 ( "Lender "), the
<br />beneficiary under this Deed of Trust, with power of sale and right of entry and possession all of Grantor's present and future estate, right, title and
<br />interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference, together
<br />with all present and future improvements and fixtures; all tangible personal property, including, without limitation, all machinery, equipment, building
<br />materials, and goods of every nature (excluding household goods) now or hereafter located on or used in connection with the real property, whether
<br />or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with the real property,
<br />whether previously or subsequently transferred to the real property from other real property or now or hereafter susceptible of transfer from this real
<br />property to other real property; all leases, licenses and other agreements; all rents, issues and profits; all water, well, ditch, reservoir and mineral
<br />rights and stocks pertaining to the real property (cumulatively "Property"); to have and to hold the Property and the rights hereby granted for the use
<br />and benefit of Trustee, his successors and assigns, until payment in full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly
<br />warrant, covenant, and 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 Grantor (cumulatively "Obligations ") to Lender pursuant to:
<br />(a) this Deed of Trust and the following oromissory notes and other agreements:
<br />FIXED 1 $35,094.64 1 12/19/01 1 12/01/06 128280 kh 1 590545
<br />(b) all other present or future written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same or
<br />different 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,
<br />made or extended to or 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
<br />Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of
<br />the line) no balance may be outstanding At no time shall the lien of this Deed of Trust, not including sums advanced to protect the security of
<br />this Deed of Trust, exceed $ 70, 189 . Z 8 ; 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
<br />claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by
<br />reference, which Grantor agrees to 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
<br />relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal
<br />government nor the state where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Property,
<br />nor are there any governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Grantor's
<br />knowledge, threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's knowledge, any other party has used, generated,
<br />released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any
<br />Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous
<br />Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including, but not limited
<br />to: (i) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a
<br />"hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any
<br />amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Section
<br />1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those substances, materials or
<br />wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability
<br />Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or ordinance now or hereafter
<br />in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of
<br />the Property with Hazardous Materials or toxic substances;
<br />(c) All applicable laws and regulations, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all
<br />regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or
<br />municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all
<br />rights, licenses, permits, and certificates of occupancy (including but not limited to zoning variances, special exceptions for nonconforming uses,
<br />and final inspection approvals), whether temporary or permanent, which are material to the use and occupancy of the Property, presently are and
<br />shall be obtained, preserved and, where necessary, renewed; (\ A i
<br />LPNE511 (J John H. Harland Co. (9/10/98) (800) 937 -3799 Page 1 of 5
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<br />DEED OF TRUST
<br />Richard D Aguilar ueboran a Aguilar, wife and husband
<br />Deborah J Aguilar Richard D Aguilar, wife and husband
<br />3
<br />220 E Vgth St A A U is 1-& n sL
<br />Grand Island, NE 68801 Grand Island, NE 68801
<br />TEiEPHSINE HEJ ,O.. KTEFfCA4 M1 .... TE1 . EPHQ1'fE }l4 tDEkrJFlCAtii?1I IiKi.
<br />(308) 381 -1774 506606862 (308) 381 -1774 506666862
<br />TRUSTEE: Union Bank & Trust Company Grand Island Branch
<br />2008 N Webb Road, Grand Island, NE 68803
<br />in consiaeraton or the loan or otner cretin accommodation nerelnaner specitled and any future advances or future Obligations, as defined herein,
<br />which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and
<br />sufficiency of which are hereby acknowledged Grantor hereby irrevocably bargains, sells, transfers, grants, conveys and assigns to Trustee, his
<br />successors and assigns, intrust, for Union hank & Trust Grand Island Branch, 2008 N Webb Rd PO Box
<br />5166, Grand Island, NE 68802 ( "Lender "), the
<br />beneficiary under this Deed of Trust, with power of sale and right of entry and possession all of Grantor's present and future estate, right, title and
<br />interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference, together
<br />with all present and future improvements and fixtures; all tangible personal property, including, without limitation, all machinery, equipment, building
<br />materials, and goods of every nature (excluding household goods) now or hereafter located on or used in connection with the real property, whether
<br />or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with the real property,
<br />whether previously or subsequently transferred to the real property from other real property or now or hereafter susceptible of transfer from this real
<br />property to other real property; all leases, licenses and other agreements; all rents, issues and profits; all water, well, ditch, reservoir and mineral
<br />rights and stocks pertaining to the real property (cumulatively "Property"); to have and to hold the Property and the rights hereby granted for the use
<br />and benefit of Trustee, his successors and assigns, until payment in full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly
<br />warrant, covenant, and 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 Grantor (cumulatively "Obligations ") to Lender pursuant to:
<br />(a) this Deed of Trust and the following oromissory notes and other agreements:
<br />FIXED 1 $35,094.64 1 12/19/01 1 12/01/06 128280 kh 1 590545
<br />(b) all other present or future written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same or
<br />different 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,
<br />made or extended to or 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
<br />Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of
<br />the line) no balance may be outstanding At no time shall the lien of this Deed of Trust, not including sums advanced to protect the security of
<br />this Deed of Trust, exceed $ 70, 189 . Z 8 ; 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
<br />claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by
<br />reference, which Grantor agrees to 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
<br />relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal
<br />government nor the state where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Property,
<br />nor are there any governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Grantor's
<br />knowledge, threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's knowledge, any other party has used, generated,
<br />released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any
<br />Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous
<br />Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including, but not limited
<br />to: (i) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a
<br />"hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any
<br />amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Section
<br />1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those substances, materials or
<br />wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability
<br />Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or ordinance now or hereafter
<br />in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of
<br />the Property with Hazardous Materials or toxic substances;
<br />(c) All applicable laws and regulations, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all
<br />regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or
<br />municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all
<br />rights, licenses, permits, and certificates of occupancy (including but not limited to zoning variances, special exceptions for nonconforming uses,
<br />and final inspection approvals), whether temporary or permanent, which are material to the use and occupancy of the Property, presently are and
<br />shall be obtained, preserved and, where necessary, renewed; (\ A i
<br />LPNE511 (J John H. Harland Co. (9/10/98) (800) 937 -3799 Page 1 of 5
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