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<br /> When Recorded Return To:
<br /> C.I. Title, Inc. NEBRASKA 66200100611840004 �J�'S
<br /> 203 Little Canada Rd DEED OF TRUST 00483//WDB04
<br /> Ste 200 S
<br /> St. Paul, 1VfN 55117 `���%'�3�� �
<br /> BQRR�D1NEf� GRANTaR
<br /> BILLY M B08WSLL LINDA 9.BOBAIHLL,AKA LINDA 8. MBENTB, BILLY M. B08WELL, iPIFE
<br /> AND HDBBAND
<br /> LINDA S BOBWBLL
<br /> ''' ADDRE89 ADGR�B�
<br /> 4015 HDNA DR
<br /> GRAND IBLAND, N8 6980348D2
<br /> 7f�PHWdE M8. IDENTI�ICATION F10. 7EEEPHf3NE N0. 1[iflV'fIFIGA7WN N0.
<br /> _ _ 411-82-7585
<br /> TRUSTEE: II.B. SANK NATIONAL A980CIATION�� ///�/ �� � �/ � \�
<br /> FARGO, ND 58103 1a'�� liL'(/-C �+'l.�!
<br /> n consi eration o t e oan or ot er cre it accommo ation hereina er speafie an any uture a ances or uture �galions,as de ined erein,w ic
<br /> may hereinafter be advanced or incurred and ihe trust hereinafler 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,tN TRUST WITH POWER OF SALE for ihe benefit and security of II.S. 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 fixtures;all tangible personal property including without limiiation all machinery,
<br /> equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with ihe real
<br /> properly,whether or not affixed to ihe 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 iransfer 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(cu�latively"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 Granior's heirs,representatives and assigns,hereby expressly warrant,cavenant,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 /> ___—_ __ _
<br /> 'PRINCFPAL AMOUNT/ '' ��' MATUI�ITY ' LdAN
<br /> CREDIT LtN11T.: I�pFiE.EMEhIT iiA1'� DA'i'� NUMBER;
<br /> 21,000.00 06/28/99 07/01/09 66200100611840004
<br /> (b)all other present or uture,wniten agreements wit en er 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 lhat refers io 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 ihe fact that from time to time(but before termination of the line)no balance may be
<br /> outslanding. At no time during ihe term of this Deed of Trust or any extension ihereof shall the unpaid and outstanding secured principal future
<br /> advances,not including sums advanced by Lender to protecl the security of this Deed of Trust,exceed ihe following amount: $ ��,000_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 Grantor 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 titte 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 io 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 governmental or quasi governmental entity has filed a lien on ihe Property,nor are there any govemmental,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 comrmt 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 /> govemmental 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" pursuanl lo 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 replacements to lhat 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 replacemenis to that statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance now or hereafler in effect. Grantor shall not lease or permit the sublease of the Property io a tenant or subtenant whose operations may
<br /> resuli in contamination of the Property with Hazardous Materials or toxic substances;
<br /> Parnid6
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