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� ` �r T m N •'�� � �'� ,.. .. . <br /> = y z � s . <br /> n i � `c�a Q � o rr� <br /> x � ._ c a � <br /> <-_ <br /> z � o � <br /> rn �.' '"� r+� Ca c"'D <br /> :.� "'� O G. <br /> �:':>r'�'r'.: N d �1 C.O � <br /> (A � � Z N <br /> t/� ,�', =� ��1 ~ � <br /> ��- o � � � � � Q �' <br /> f�t�e�rdation Return to: � `� c�n� � <br /> Union Bank & Trust � x -� � <br /> Grand Island Branch . ` . � v v -.7 �, <br /> 2008 N Webb Rd , , � 0 <br /> Grand Island, NS 68803 9 9 1 0 7 4 7 0 � Q <br /> DEED OF TRUST � <br /> � <br /> ;- '> :�o��c�v� ;� � ° ;; � - ��n�r�� � <br /> : <br /> : <br /> ; , , <br /> Steven G Milea 3teven G Mi1es, husband and wife ' ' <br /> vernelle J Miles Vernelle J Miles, husband and wife <br /> < ; 1,UDC�R�SS < ; Ap#iFII�S$ <br /> 1817 North Hancock 18�:7 Y�1'orth T#ancack" - - <br /> Grand Island,_NE 68803 Grand Island, NE 68803 <br /> T�t,EP!►�iNE N� ': > tA�Ni�l�AIIPN NQ. '1'E4EpHil�N� <br /> (308) 382-4821 522563427 (308) 382-4821 522563427 �E��Am�I►�:: ;; `: <br /> rRUSree: IInion Bank & Trust Compaay Grand Island Branch <br /> 2008 N �Pebb Road. Grand Island. NE 68803 <br /> In consideration of the loan or other credit accommodation hereinafter specified 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, selis, transfers, grants, conveys and assigns to Trustee, his <br /> successors and assigns,in trust,for �nion �ank & Trust Grand Island Branch 2008 N OPebb Rd Grand <br /> Island N8 68803 <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,(r gh t tit e 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;alt 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�usceptible 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. OBLfGAT10NS. 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 tollowin romisso notes and other a reements: <br /> � , F ':: PRIN P!RI.AM W#T F't{Np < i ' y T MER � ,N <br /> RAif > CR£DiF�IMli': I�1IQREENIEDl3`:tY�l7'� Dl�i'iE NU�RBER:: NU�BER <br /> FIXED $27,231.00 07/23/99 07/23/04 200081 kh 338080 <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 obiigations 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 ail debt due under the line notwithstanding the fact that from time to time (but betore 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$54,462.DO ;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 federai, 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 parry 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) friabie 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 suthority 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 /> I and final inspection approvals),whether temporary or permanent,which are material to the use and occuoanr.v nf r►,p p��.,e,�., .,.ees.,.�.....___� <br />