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<br /> �Nhen Recorded Return To:
<br /> C.I. Title, Inc. NEBRASKA 66200105856610001
<br /> 203 Little Canada Rd DEED OF TRUST 00483//MLR25 �
<br /> Ste 200 ���I��
<br /> St. Paul, MN 55117 `S
<br /> sa� ow�� < ' " ;� o,_ ,< , Q
<br /> DODGLAS M HARDSRS DOIIGLA6 M. HARD8R6, DOLORBS T. HARDHRS, HIISHAND AND WIFE
<br /> DOLORSS HARDBRS
<br /> '� `: i< ����� "' , � � .. , : � �'. .'' „ ...._ _ .. _ .
<br /> , ,
<br /> ik�ClR�98 ;,
<br /> 508 17TEI ST E
<br /> GRAND ISLAND, NE 666012545
<br /> ,
<br /> T�f'k1ElME N�. > !' IEiENT1FrCAT16N WO.. ;?. j; '1'EE�PHIfyNE:NO ;'i ';; `1DEN'TIFICA7K)N NO.
<br /> _ __
<br /> ___
<br /> 505-80-1399
<br /> TRUSTEE: Q.6. SANK NATIONAL A860CIATION
<br />� FARGO, ND 58103 � 2 � ��, S�
<br /> >
<br /> in consideration of the loan or other cre it accommo ation hereina er specified an any uture a ances or uture O igations,as e ine erein,whic
<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, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of II.s. Haxx xamioxr�. assoczamioN xn
<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;a�l 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, hereditamems, 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 susceptible of transfer from this Property to other
<br /> real property;leases,licenses and other agreements;rents,issues and profits;water,weil,ditch,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 Obiigations 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, 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 /> PRINC.EpAL�1MQUNT/ ": �tQ�'fiJ jl bEATI]Rt7'1� (' ' I.OAN';:
<br /> G.FI�QI'f:�.EMIT �CiRF.&M�.M..T�ki1T�..::..... t�AT� <: ':NL1Yl�ER.
<br /> 19,500.00 05/28/99 06/07/09 66200105856610001
<br /> (b)all other present or uture,wntten agreements wit en er t at re er spea ica y to t is e 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 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 ihis Deed of Trust,made or
<br /> extended on behalf of Grantor or Borrower. Grantor agrees that if one of ihe 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 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 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: $ �q.,,sn o_nn
<br /> This provision shall not constitute an obligation upon or comrrrtment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendments,e�ensions,renewals,modifications,replacements or substitutions to any of the foregoing. I
<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 incorporated herein by reference,which
<br /> Grantor agrees to pay and perform in a timely manner;
<br /> (b) Grantor is in compliance in aii 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 governmental entity has filed a lien on the Property,nor are there any governmental,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 ihe 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, 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 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 pemtit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contamination of the Property wfth Hazardous Materiais or toxic substances;
<br /> � � �i oe..e.,��
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