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c n i `.n �' -�',-� ° <br /> � n n z � � � � � o r�t <br /> ' = D d � r- -a � � �. <br /> � � �S�� N � � � Q <br /> 'y1 Q� '�r1 � � � <br /> r, � m �n <br /> � � m vo O � <br /> G � � f" �, .�] N <br /> s� �j .+ <br /> E� � � "� �7 <br /> � CJl �+�'v � C�D <br /> ~ � `� � <br /> � � <br /> � ��`' 9� i'07457 � <br /> ��rded Return To: <br /> C.I. Title, Inc. ;- NEBRASKA 66200100031940002 <br /> 203 Little Canada Rd <br /> Ste 200 DEED OF TRUST 00731//TJB36 `�� <br /> St. Paul, MN 55117 ��..�''�4�9 � <br /> eaa�ow�� _ _ _ _. - -�pan�rcr� - - -, ___ <br /> WESLEY S SANDQUIST WESLSY S. SANDQDIST, MBLVA BANDQUIST, H[TSBAND AND WIFB <br /> M6LVA SANDQIIIST <br /> AQDRE5S `' ADOR�SS <br /> 717 13TH ST E <br /> GRAND ISLAND, NS 688012619 <br /> TELEPHONE ND, IDENTIFICATION NO. iELEPHDNE N0. �Q�NTIP�GA7'IQN NO• <br /> 506-68-2084 _ _ _ <br /> _ _ _ ------ --- -------- <br /> -- <br /> - -----____ <br /> TRUSTEE: U.S. BANK NATIONAL A850CIATION <br /> PARGO, ND 58103 �Z�r / ��� 4v� �+� <br /> In consideration of the loan or dth r c edit accommodat o�hereinaft r specified and any future advances or future Obligations,as defined�ierein,which <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 q,S. BANR NATIONAL ASSOCIATION 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 Desd of Trust and incorporated herein <br /> by this reference, together with all present and future improvements and fixtures; all tangibie 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 susceptible 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 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, 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 /> __ _ <br /> PHMC'IPAL AM0UN7l NOTEI MATliR17Y ' '' LOAN ' <br /> CqEbl7LIINlt AGREEA�IENtQAt'� ' DA7'� Nl1M@�R <br /> 60,169.73 06/22/99 07/15/19 66200100031940002 <br /> (b)all other present or future,written agreements with tender ihat reler spec�caliy io this 6eed o�Trust�wFie�ier execu�edTor ifie 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 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 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 shali 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 foilowing amount: $ 60.169.73 <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 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 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 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 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; material, or waste which is or becomes regulated by any <br /> governmental 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 permit the sublease of the Property to a tenant or subtenant whose operations may <br /> result in contamination of the Property with Hazardous Materials or toxic substances; <br />