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<br /> After Recorciation Retum to: � � �`• � ....D�' �' �
<br /> Union Bank & Trust Company o
<br /> PO Box 5166 � cn rn �
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<br /> Grand Island, NE 68802 0
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<br /> DEED OF TRUST
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<br /> Michael J. Galvan Michael J. Galvan, husband and wife
<br /> Marilyn J. Galvan Marilyn J. Galvan, husband and wife
<br /> 563 East Capital 563 East Capital
<br /> Grand Island, NE 68801 Grand Island, NE 68801
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<br /> T�Ck�i�iNE t1S�`: : _ _, 1A�ti'[F13G14T#�k1 NQ _ _.. TELEpHiDFtE N� , _ `
<br /> - 84-0316 508-54-270� ; 3d8=�$4-�73�6 _ ' ''a��r���rcnxx�rni�!
<br /> TRUSTEE: 5�8-54-2�b9
<br /> Union Bank & Trust Company, ran s an Branc
<br /> Road Grand Island, NE 68803
<br /> In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations,as defined herein,
<br /> which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and
<br /> sufficiency of which are hereby acknowledged, Grantor hereb irrevocably b ains, sells, tr sfers ra s to Trustee, his
<br /> successorsand assigns,in trust,for Tn i on Rank Trust Ompan� �ra � �°a � ��
<br /> ����� ��� ("Lender"), the
<br /> beneficiary under this Deed of Trust,with power of sale and right of entry and possession all of Grantor's preaent and future estate, right,title and
<br /> interest in and to the real property described in Schedule A which is attdohed to this Deed ot Trust and.incorporated herein by this reference,together
<br /> with all present and future improvements and fixtures;alltangible personah.property,including,without limfitation,al(machinery,equfpment,building �
<br /> materials,and goods of every nature (excluding household goods)now or hereafter located on or used in connection with the real property,whether
<br /> or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with the real property,
<br /> whether previously or subsequently transferred to the real property from other real property or now or hereafter susceptible of transfer from this real
<br /> property to other real property; all leases, licenses and other agreements; all rents, issues and profits; all water,weil, ditch, reservoir and mineral
<br /> rights and stocks pertaining to the real property(cumulatively"Property");to have and to hold the Property and the rights hereby granted for the use
<br /> and benefit of Trustee,his successors and assigns,until payment in full of all Obligations secured hereby.
<br /> Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly
<br /> warrant,covenant,and 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,obiigations and
<br /> covenants of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to:
<br /> a this Deed of Trust and the foilowin romisso notes and other a reements:
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<br /> '3lii'F� ..: ;!' ,:CEf£EYIT�INIET 1' AGii�UT�I47�AT£ .:»:�A'fE. <' i:NEI�dBEt! ; .NE!lEBER
<br /> 10 . 500� $75 , 000 . 00 08/09/99 12/31/99 500088 KH 1005
<br /> (b) all other present or future written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same or
<br /> different purposes than ffie foregoing);
<br /> (c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br /> (d) future advances,whether obligatory or optional,to the same extent as if made contemporaneously with the execution of this Deed of Trust,
<br /> made or extended to or on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit,the lien of this Deed of
<br /> Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of
<br /> the line) no balance may be outstanding. At no time shall the lien of this Deed of Trust, not including sums advanced to protect the security of
<br /> this Deed of Trust,exceed$ ;and
<br /> (e�all amendmants,extansions,[er►ew •+ •
<br /> ,�-t_
<br /> As used in this Paragraph 1,the terms Grantor and Borrower shall include and also mean any Grantor or Borrower i�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 Properry free of all liens,security interests,encumbrances and
<br /> claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by
<br /> reference,which 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
<br /> relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federal
<br /> government nor the state where the Properry is located nor any other governmental or quasi governmental entity has filed a lien on the Property,
<br /> nor are there any governmental,judicial or administrative actions with respect to environmental matters pending,or to the best of the Grantor's
<br /> knowledge,threatened,which involve the Property. Neither Grantor nor,to the best of Grantor's knowledge,any other party has used,generated,
<br /> released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any
<br /> Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous
<br /> Materials"shall mean any substance,material,or waste which is or becomes regulated by any governmental authority inciuding, but not limited
<br /> to: (i) petroleum; (ii) friable or nonfriable asbestos; (1ii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a
<br /> "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any
<br /> amendments or replacements to these statutes; (v)those substances, materials or wastes defined as a"hazardous waste"pursuant to Section
<br /> 1004 of the'Resource Conservation and Recovery Act or any amendments or repiacements to that statute;and (vi)those substances,materials or
<br /> wastes defined as a"hazardous substance"pursuant to Section 101 of the Comprehensive Environmental Response,Compensation and Liability
<br /> Act,or any amendments or replacements to that statute or any other similar state or federal statute,rule,regulation or ordinance now or hereafter
<br /> in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of
<br /> the Property with Hazardous Materials or toxic substances;
<br /> (c) All applicable laws and regulations,including,without limitation,the Americans with Disabilities Act,42 U.S.C.Section 12101 et seq. (and all
<br /> regulations promulgated thereunde�)and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or
<br /> municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all
<br /> rights,licenses,permits,and certificates of oxupancy(including but not Iimited to zoning varfances,apecial exceptions for nonconforming uses,
<br /> and final inspection approvals),whether temporary or permanent,which are material to the use and oxupancy of the Property,present��re a��
<br /> shall be obtained.oreserved and.where necessaro_ranawadr _�n
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