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<br /> NEBRASKA 66200106975990001
<br /> 9 9 1 �813 � DEED OF TRUST 00358//CRH11
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<br /> MARR J. CUblMINGS MARK J CDbR�ffNGB, DONNSLLB L HAL�Q, BOTH SIN6LS PBRSONS
<br /> DONNffi.LB HALM
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<br /> 1415 1 BT ➢P 1203 ➢P 18T STR88T
<br /> GRAND IBLAND, NS 668015705 l3RAND ISLAND, N8 66601
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<br /> 't'E1.Ei�1:1�lENLy. !i, r;; CfENTIFfCAYk31�1lK�. ;:.;; _ ,I,;. 7EE,�RN01iEti0 ,;; ; ;!; 1DENTfIC1!'tIGN110
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<br /> 508-86-4629
<br /> TRUSTEE: u.s. BANK NATIOIIAL ASSOCIATION
<br /> FARl30, ND 58103
<br /> n consi ration o t e oan or ot er cr it acco tion ereina er speG i an any ure advances or uture b igalions,as e ine erem,w ich
<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 aclviowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee, his suxessors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of o.8. BANR NATIONAL ASBOCIATION 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 improvemerns 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 afflxed to the land; privileges, hereditamerns, and appurtenances including all development rights associated with the Property,
<br /> whether previously or subsequeMly iransferced 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 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 Grarnor'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 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 following promissory notes and other agreements:
<br /> PRII�TR�1i,AIMOUN�/ ' �tfl�l ��.; ; I.GJkN ::
<br /> CR�RI��IfT AC#R�M�MT�t1T�,.> i?ATf < .. >��� ' '
<br /> 23,100.00 08/10/99 08/10/19 66200106975990001
<br /> (b)all other preserrt or uture,wrttten agreements wtt en r t at re er speu i y to t is o rust w e er execu or e same or different
<br /> purpoaes than the foregoing);
<br /> (c) any guaranty of obligations of other parties given to Lender now or hereaher executed that refers to this Deed of Trust;
<br /> (d) future advances,whether obligatory or optional,to the same extent as if made coMemporaneously 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 /> urrtil payment in full of all debt due under the line notwithstanding the fact that from time to time(but before temination 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 un�aid 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 arnount: $ �3,,00_00
<br /> This provision shall not constitute an obligation upon or comrritment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendmerrts,extensions,renewals,modifications,replacemerrts or substitutions to any of the foregoing.
<br /> As used in this Paragraph 1,the terms Grantor and Borrower shall indude and also mean any Grantor or Borrower if more than one.
<br /> 2. REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represerns,warranis and covenarns to Lender that:
<br /> (a) Grantor has fee simple marketable title to the Property and shall mairrtain 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 matters(the"Environmernal Laws"),and neither the federal govemment nor any
<br /> other govemmerrtal or quasi govemmental errtity 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 transporled any Hazardous Materials to or from the Property. Grantor shall not commit or pemit 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 /> govemmental 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 replacemems 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 replacements to that statute; and (vi) those
<br /> substances, materials or wast�s defined as a "hazardous substance" pursuarn to Section 101 of ihe Comprehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendmerrts or replacemerrts 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 pemrt the sublease of the Property to a tenant or subtenant whose operations may
<br /> resuh in cornamination of the Properry with Hazardous Materials or toxic substances;
<br />
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