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<br /> NEBRASKA 66200106272160001 �
<br /> DEED OF TRUST 00358//CRH11 s�
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<br /> JOANN RIIZICRA BRIAN G. RIIZICKA, TSRBSA L. RIIZICICA, HIIBHAND AND 9PIFB
<br /> TBREBA RIIZICKA
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<br /> 3023 MID9PAY RD
<br /> c3RAND ISLAND, NB 688032436
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<br /> ?�iMN'�Ii1�DIL� :; . i; DEMIIFJG�7k11!1,'Ni�., 1E[.�RNLyNE�O . ' ii 1dEN7�k'+A7K7l1:NG
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<br /> 508-48-1188
<br /> TRUSTEE: Q.B. BANK NATIOPTAL A880CIATIODI
<br /> FAR60, ND 58103
<br /> n cons ration o t e oan or ot er cr it acco tion erema er spec�ie an any uture a ances or uture igations,as in 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 inevocably 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 II.B. BANK NATIONAL A6BOCIATION ND
<br /> ("Lender"), the
<br /> benefiaary 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,rigM,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 connection with the real
<br /> property,whether or not affixed to the land; privileges, hereditaments, 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 hereafter suscepiible 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 reai
<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 paymerri and performance of all present and future indebtedness, liabilities, obligations and
<br /> covenants of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to: �(j
<br /> (a)this Deed of Trust and ihe following promissory notes and other agreements: �
<br /> pF�!l��A1�;AIYIptIMT[ ��'.: MATt��7'1F 4Pi�t� ' l/�
<br /> ,:.CR�QIT�.[lr([R:: < .. �4�d#�F»tM�N�T�?I1Tfx :i' ��11'E N�1lWIB�F�;i ;
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<br /> 17,780.00 07/02/99 07/02/16 66200106272160001
<br /> (b)all other presen or ure,w en agreements wit en er t at re er spea y to t is ee o rust w e er execu or e same or dffferent
<br /> 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,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 ihe 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 shail the unpaid and outstanding secured principal future
<br /> advanoes,not induding sums advanced by Lender to protect the security of this Deed of Trust,exceed the following amount: $ ��,�ao_o0
<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 this Paragraph 1,the terms Grantor and Bonower shall include and also mean any Grantor or Borrower if rr�re 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 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 with 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 governmental or quasi govemmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions with
<br /> respect to environmerrtal 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 comnrt or permit such actions
<br /> to be taken in the future. The term "Hazardous Malerials" shall mean any substance, material, or waste which is or becomes regulated by any
<br /> govemmental authority including,but not limiied to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychiorinated biphenyls;(iv)ihose 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 ihe
<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 replacemenis 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 /> ordina�ce nbw or hereafter in effect. Grantor shall not lease or pem�it the sublease of the Property to a tenant or subtenant whose operations may
<br /> resuft in cornamination of ihe Property with Hazardous Materials or toxic substances;
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