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, � n t <br /> m S y� tL� <br /> , ' ', •, , ' • = D p � _ � � � _� <br /> . • . � ` � ITt <br /> Cl 2 N rn r`"'-- -^i � CD .-�+- <br /> 7C c���� � � � � <br /> I"V p 'q <br /> � C.a '*1 � � O' <br /> �� m W O N <br /> D r'o � r � .�] � <br /> �, r n <br /> c� � � � Z <br /> �'` �' N � <br /> � ..�.� <br /> ;:D (/rf GD � <br /> G�? �"r, <br /> � <br /> �� �o�s�� Q <br /> � �n , <br /> ��en Recorded�eturra To: <br /> C.1. Title, Inc. NEBRASKA 66200106142140001 ��a <br /> 203 Little Canada Rd 00358//CRH11 ° <br /> Ste 200 DEED OF TRUST <br /> St. Paul, MN 55117 ��1�.�`�'�. � <br /> , ��aMro� ; <'. <br /> , > <br /> ;B� �ow�� >,: ;, , <; < � c��'�`' > ;. <br /> JIILIA TRAIITIdAN � L <br /> Ju,1�a ATra��man an�P An�ony �.. I �aul.mcin� <br /> ANTHONY TRAIITMAN ���e 0.,�'�� I'1 I,iSll�'iYl� <br /> i I a�o�E$s _ >�nQ��s$<ii <br /> 802 KIMHALL ST N <br /> GRAND ISLAND, NE 688013932 <br /> TEI.�BN�IEMI�. IDEFIY'lFIGATK)hl l!lQ. 7EC:f�iSYNENO, 1[jEN'fIFIGA7NSN N0 <br /> _ <br /> 505-78-9571 <br /> TRUSTEE: II.S. BANK NATIONAL A880CIATION JIId <br /> FARGO, ND 58103 �c � �.�� S� <br /> v�+ <br /> n consi eration o the loan or ot er cre it accommodation hereina er specifie and any future advances or future ligations,as e ine erein,which <br /> may hereinafler 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, Granlor 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.B. BANK NATIONAL A6SOCIATION 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 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 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 ihe 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 preseni 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 /> RR1�IGEP�IL AM�UNT! 1�l�T�J.; lRATLIii[TlF LdAN ; <br /> ;:::.�R�RIT1�E�t1T::: 1�qR�M�IVT�ATE i�i11'E N1JNE�ER <br /> 50,000.00 06/17/99 06/17/19 66200106142140001 <br /> (b)all other preseni or uture,written agreements wit en er t at re er speci ica y to t is ee o rust w e er execut or e same or different <br /> purposes than the foregoing); <br /> (c) any guaranty of obligations of other parties given to Lender now or hereafler 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 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: $ so,o00_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 Borrower shall include and also mean any Granior 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 matlers(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 noi limiied to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances, <br /> malerials 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 Aci or any amendments or replacements to that statute; and (vi) those <br /> substances, materials or wastes defined as a "hazardous substance" pursuant 10 Section 101 of the Comprehensive Environmental Response, <br /> Compensation and Liability Act, or any amendments or replacemenis 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 io a tenant or subtenant whose operations may <br /> result in contamination of the Property with Hazardous Materials or toxic substances; <br /> �� �` <br />