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<br /> 99 107477
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<br /> NEBRASKA 66200106424470001 S`�
<br /> DEED OF TRUST 00338//SPB12�
<br /> BQRRO�ER t�RA1�TO.R
<br /> CHARLEB OXNER CHARL6S OXNER, A SINGLE PERSON
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<br /> . ::�'. . ..,'':: ��i:i �A�S�,Fi� :<i�i �i2i �.�iii '.'�. I�:'�. .���.��ii .,iii: �,�'.;i:�'�14I17�rP� ., . .... ..._. _.
<br /> 1323 JACICSOAI ST 411
<br /> OMAtiA, NE 681022860
<br /> .... . ... . .:. . .
<br /> . . ; . ,. ..... . ,
<br /> 3'EI.EpFk3M1�1V0:`' ' ' .�IC�3�N1'3" 1�.�M1�!IC��!! ii s ': !: DENEf�IGA7i0kll!IQ `
<br /> 505-70-9792
<br /> TRUSTEE: II.S. HANK NATIONAL A880CI11TIddV
<br /> FARGO, ND 56103
<br /> n consideration o t e oan or ot er credit accommo ation hereina er specified and any future advances or future Obligalions,as defined herein,which
<br /> may hereinafter be advanced or incurred and the irust 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 D.B. BANK NATIONAL ASSOCIATION ND
<br /> ("Lender"), the �
<br /> beneficiary under this Deed of Trust,under and subject to the terms apd 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; 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 associsted with the Property,
<br /> whether previously or subsequernty transferred to the Property hom other real property or naw or hereafter susceptible of tran:fe►from this Prop�rty to cq�w
<br /> real properry;leases,licenses and other agreements;rents,issues and proflts;water,weH�dftch,reeervofr and mineral rigMs and stodcs 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,uniil 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 wiih Lender and Trustee and their successors and assigns as follows:
<br /> 1. OBUGATIONS. This Deed of Trust shali secure the paymern and performance of all present and future indebtedness, liabilities, obligaiions and
<br /> covenants of Borrower or Grantor(currwlatively"Obligations")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreemeMs:
<br /> ARIIs1GIRAt�iAM.WNT! t+tf��l i IM�t�it1�' ;: ' I.OJ1M::
<br /> >: �R�pIT1��lEfT ;' �4QR�M�IVTGi1T� ': ;�JI'I&... ,::: i: i:Nk1�CB�#! ' '
<br /> 22,000.00 07/02/99 07/02/19 66200106424470001
<br /> (b)all other present or ulure,wrttten agreements wit en er t at re er speci ica y to t is ee o rust w et er execu or e same or different
<br /> purposss 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 Trusi 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 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: $ ��,oon_nn
<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 Borcower if more than one.
<br /> 2 REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represerrt�,warrents and coveneMa to lend�[.thst: • . ��„�, :�,,�,,�,�=�
<br /> (a) Grantor has fee simpie marketable title to the Property and shall maintain the Property free of all liens,security interes�s,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 incorporate2l•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 fedefal,state and local laws and regulations,including,wilhout 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 govemmental or quasi govemmental enthy 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 ihe 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 rrot commit or permit such actions
<br /> to be taken in the future. The term "Hazardous Materials" shall mean any substaivice, material, or waste which is or becomes regulated by any
<br /> governmental authority including,but not limited to,(i)petroleum;(ii)friable or nonfriable asbeslos;(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 /> Ciean Water Act or any amendments or replacements to these statutes; (v)ihose 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, materiats 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 ihat statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or pertnit 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 /> NEDOT Rw.12/97 Pape 1 d 6 �
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