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<br /> NEBRASKA 66200105478440001
<br /> DEED OF TRUST 00485//VJN01 C\�
<br /> BtaRROYItER ; ; ! ' <; GRi�kNTOR ', _ p-
<br /> _ 7 �
<br /> DONNA TOWLER JOHN 6. SPBNCBR, BRANDY BPBNCER, HIISBAND AND WIFE •
<br /> DONNA TOWLER, An Unremarried Widow
<br /> I BRANDY R SPENCER
<br /> i
<br /> s;ADDRESB _. ADQRE9..Si _ _
<br /> 1616 NORTH FRONT ST W
<br /> GRAND I3LAND, NE 688014754 I
<br /> i
<br /> 'fE{.�PHOME M4. IUF.N'FIFfCATI�N 1!10. 7E4EPHONE N0. �DEN'fIFIGA7i4N#10.
<br /> 508-40-1343 ,
<br /> TRUSTEE: II.S. BANK NATIONAL A880CIATION
<br /> FARGO, ND 58103
<br /> In consideration o the loan or other credit accomrnodation hereinafter spea ied and any future a ances or future Obligaiions,as defined herein,which
<br /> may hereinafter be advanced or incurred and the trusi hereinafter mentioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, selis, 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 ABSOCIATION 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,righl,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 materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in conneclion with the real
<br /> property,wheiher or not affixed to the land; privileges, hereditaments, and appurtenances including all development righls associated with the Property,
<br /> whether previously or subsequently transferred to the Property from other real property or now or hereafter susceptible of transfer from this Property 10 other
<br /> real property;leases,licenses and other agreements;rents,issues and profrts;water,well,ditch,reservoir and mineral rights and siocks 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 performance of all present and future indebtedness, liabililies, 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 oiher agreements:
<br /> PRIMGERAL AIMOEJNT! �Q'�1>: MAT13iiFTY LOAN
<br /> GR�OITL.Ek�IT::: IkQR�EM�hITt7�11'� DATE N11Nt�ER
<br /> 45,516.50 05/07/99 05/15/19 66200105478440001
<br /> (b)all other present or uture,written agreements wit en er t at re er spea ica 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 hereafler executed ihat 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 lhis Deed of Trust shall continue
<br /> unlil 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 /> outslanding. 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: $ as,si e_sn
<br /> This provision shall not constitute an obligation upon or commitment 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 ihis 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 ihose described in Schedule B,which is attached to this Deed of Trust and incorporated herein by reference,which
<br /> Granlor agrees to pay and perform in a timely manner;
<br /> (b) Grantor is in compliance in all respects with ail 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 ihe federal government nor any
<br /> other governmental or quasi governmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions with
<br /> respect to environmental mariers 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 commit or permit such actions
<br /> to be taken in the future. The term "Hazardous Materials" shall mean any substance, maierial, or waste which is or becomes regulated by any
<br /> governmental authority including,but not limited to,(i)petroleum;(ii)friable or nonfriable asbesios;(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 permit the sublease of the Propeny to a tenant or subtenant whose operations may
<br /> result in contamination of the Property with Hazardous Materials or toxic substances;
<br /> ----— ___ o�,.e�„ra
<br />
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