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<br /> C.1. Title, Inc. NEBRASKA 66200104609800001 �
<br /> 203 L�ttle Canada Rd DEED OF TRUST 00483//CMB32 �•
<br /> Ste 200 ,
<br /> :.�- _ .�:.
<br /> St. Pa�1, 1VfN 55117 `Y v �� � ��� �
<br /> ea��tow��t - _ �R�► �; _ Q
<br /> KEVIN C. CHILSWSRI KEVIN C. CHILSWSKI, SONYA S. CHILSWSKS, HUSBAND AND WIFE
<br /> BONYA S. CHILLEWSKI I
<br /> .:::: .,: ., , �*�
<br /> r. :ii; �.'.': '���� �'�i:. . I�,.��. j!ii:.� . '.;:. '::i:ii::�. � :ii i ' .,:�: � . . �:�MQ..�i�� .... , . . ...
<br /> 401 NDBIA ST
<br /> CAIRO, NS 68824
<br /> li?ELEpHOME N� :.;;: ' �ENx1�(CATKiN NQ !z >I 7EEEPHCNE;NO ; ;; ;;;:.::H�EN7'FICA7k79!l N0
<br /> 505-92-8244
<br /> TRUSTEE: U,B. BANK NATZONAL ASSOCIATIOAI
<br /> FARGO, ND 58103 ���
<br /> n consideration of the oan or ot er cre it accommodation hereina er speci ied and any future a ances or future Obligations,as defined herein,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 securily of II.S. BANK 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 ihe real property described in Schedule A which is attached to this Deed of Trust and incorporated herein
<br /> by this reference,together with all presern and future improvemerns and fixtures;all tangible personal property induding without limitation all machinery,
<br /> equipmern, building materials, and goods of every nature (exduding 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 ap�wrtenances including all development rigMs associated with the Property.
<br /> whether previously or subsequently transferred to ihe 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 righls 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. OBLIGATIONS. This Deed of Trust shall secure the payment and perfomiance 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 Trust and the following promissory notes and other agreements:
<br /> >F+qING�pAt,AIIiI�UNT! `: �i01'�l: I�ATu€tETY 4��►►7 <
<br /> > ::: .::"GR�Rt�:k�EMEfT AQRF�M�I�TtxA1'E ::: EMA7'E s, NkE�ER.;
<br /> 13,700.00 03/22/99 04/15/03 66200104609800001
<br /> (b)all other present or uture,written agreements wtl en r t at re er spea i 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 ihis 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 ihe term of this Deed of Trust or any extension thereof shall lhe unpaid and outstanding secured principal future
<br /> advances,not including sums advanced by Lender to protect the security of lhis Deed of Trust,exceed the following amount: $ �3,�no_o0
<br /> This provision shall not constitute an obligation upon or corlur�tment of Lender to make additional advances or�oans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modifications,replacemerns 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 rrpre 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 ihis Deed of Trust and those described in Schedule B,which is attached to this Deed of Trust and incorporated herein by reference,which
<br /> Granlor 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 govemmental or quasi govemmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions with
<br /> respect to environmental mariers pending,or to the besi of the Grantor's knowledge threalened,which involve the Property. Neither Granlor 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 corrgnit or permit such actions
<br /> II 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 Aci 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 sirr�lar 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;
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