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<br /> When Recorded Return Toe
<br /> 99 107'718 `� °
<br /> C.I. Title, Inc. NEBRASKA 66200103088250001
<br /> 203 Little Canada Rr1 DEED OF TRUST o0483//MLR25
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<br /> St. PAUI, MN 55117
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<br /> JAMS6 S. CUMMINGB JAME6 S. CDMIIINGS, COLLSEN K. CIIMMING3, HIISBAND AND WIFE �I
<br /> COLLBSN K. CDMDSINGB
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<br /> 504 CIISTSR AV8 N
<br /> GRAND IeLAND, NS 688034306
<br /> 7�E�HOMIEM�. , IDEN�1FfEATk3NNQ T�E�PHLSNENO Ifl�1'�ICA'i'K5NN0.
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<br /> 505-32-2112
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<br /> TRUSTEE: II.S. BANK NATIONAL ABSOCIATION � � /� [_/ /�� � I
<br /> FARGO, ND 56103 L��'� �iL-
<br /> In cons� eration o t e loan or ot er cre it accommo ation ereina er spea ie an any ulure a ances or uture Obligations,as defined herein,which
<br /> may hereinaner be advanced or incuned and the trust hereinafter mentioned and other good and valuable consideration,ihe 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.8. BANK NATIONAL ASSOCIATION ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of Trust,under and subject to ihe 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 flxtures;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 induding all development rights associated with the Property,
<br /> whether previously or subsequently transferred to the Property from other real property or now or hereafter susceptibie of transfer from this Property to other
<br /> real property;leases,licenses and other agreements;renls,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 iheir successors and assigns as follows:
<br /> 1. OBUGATIONS. This Deed of Trust shall secure ihe payment and performance of all present and future indebtedness, liabilities, obligations and
<br /> covenants of Borrower or Grantor(currwlatively"Obligations")to Lender pursuant to:
<br /> (a)this Deed of Trusl and the followmg prorn�ssory notes and other agreements
<br /> ; PRIISICIC�A�.AMOtJNTf > A!f►� �Ai4`R3I3lTY : LOAN
<br /> GR�RI'f k,fAINT
<br /> lkC#RF.£M�M.Tt7A'f� ;: ;t�i1Tf: ' 'N#JMB�R
<br /> 40,000.00 11/30/98 12/01/13 66200103088250001
<br /> (b)ati other present or uiure,wntten agreements wit en r t at re er speci ica y to t is ee 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 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 ihis 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: $ an ono_o0
<br /> This provision shall not consiiiute 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 Granior and 8orrower shall include and also mean any Grantor or Borrower if more than one.
<br /> 2. REPRESENTATIONS,WARRANTIES AND COVENANTS. Granior 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 ariached 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 governmeni nor any
<br /> other governmental or quasi governmental entity has filed a lien on the Property,nor are ihere any governmental,judicial or adrrurnstrative 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 cormnit or permit such actions
<br /> to be taken in the future. The term "Hazardous Maierials" 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" pursuarrt 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 replacemenls to that siatute; 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 repiacements 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 Properry with Hazardous Materials or toxic substances;
<br /> Paae 1 of 6
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