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<br /> When Recorded Return To: g� 1 Q$ ��a$ �
<br /> C.I. Title, Inc. � NEBRASKA 6620010641290000i
<br /> 203 Little Canada Rd
<br /> Ste 200 DEED OF TRUST 00483//WDB04
<br /> St. Pa.ul, 1V�N 55117 ���.�����'��� �S�
<br /> ` B�JRF�QW R >! <: ' GRAM'UR '' ' G
<br /> KSLLY 8 FITC[fllORN JON ➢P. FITCHHORN, KELLY 8. FITCHHORN, HII86AND AND �PIPS
<br /> JON Pf FZTCHHORN
<br /> '' ADDRESB _ _ ADDR�96
<br /> 4203 ARIZONA AVS
<br /> GRAND IBLAND, NS 66B031006
<br /> ......... ..._.... .......... ..,__.. ......... ......._ .._..._ ......._.._..
<br /> .TELEp1101JE Nf3. IDENT1FrCATkSN.NQ `I'E[.EPHONE.:NO. �!1'I'I�IGATk>N N0.
<br /> _ _ 505-82-9809 : ___ __
<br /> TRUSTEE: o.s. BANK NATIONAL A880CIATION ! � � ^� ^ \
<br /> FARGO, ND 56103 ;^��
<br /> T (it, �tft.�
<br /> n consi ration o t e oan or ot er cre it acco tion ereinafter spec�ie an any uture a ances or future igations,as e ine erein,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 acknowledged, Grantor hereby irrevocably warranis, bargains, sells, transfers, granis, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of II.s. HANK NATIONAL A680CIATION ND
<br /> ("Lender"), 1he
<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 lirmtation 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 developrnent rights associated with the Property,
<br /> whether previously ar subsequently transferred to the Property from other real property or now or hereafler 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 beneftt of Lender, his successors and
<br /> assigns,until payment in full of all Obligations secured hereby.
<br /> Moreover,in furiher 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 sha�l secure ihe payment and performance of ali 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 oiher agreements:
<br /> 'PRIFiCiRAL AMptJNTF ` ��' MATI]3tETY ! 'LOAN
<br /> CRE�bIT L�iMRl7 ' IM�FtE�M�NT DAl'E DA'fE .. .. NUNEB�R..:
<br /> 50,000.00 06/30/99 06/25/19 66200106412900001
<br /> (b)all other present or uture,wntten 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 that refers to this Deed of Trust;
<br /> (d) future advanoes,whether obligatory or optionai,to ihe same extent as if made contemporaneously with the execution of this Deed of Trust,made or
<br /> e�ended on behaif of Grantor or BoROwer. Grantor agrees that if one of the Obiigations 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 nolwithstanding 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 inciuding sums advanced by Lender to protect the security of this Deed of Trust,exceed the foliowing amount: $ sn,non_o0
<br /> This provision shail not constitute an obiigation upon or commitment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,rriodifications,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 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 /> Granior 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 govemment nor any
<br /> other govemmental or quasi govemmental entity has filed a lien on the Property,nor are there any governmenial,judicial or administrative actions with
<br /> respect io environmental matters pending,or to the best of the Grantor's knowledge,threatened,which involve ihe 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 /> governmenlal authority including,but not limited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those subslances,
<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 Act or any amendments or replacements to that statute; and (vi) those
<br /> substances, materials or wastes defined as a "hazardous substance" pursuant to Seetion 101 of the Comprehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendmerns or replacements 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 ihe sublease of the Property to a tenant or subtenant whose operations may
<br /> resutt in corrtamination of the Property with Hazardous Materials or toxic substances;
<br />
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