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<br /> When Itecorded Return To:
<br /> C.I. Title, Inc. NEBRASKA 662001065i8360001
<br /> 203 Little Canada Rd DEED OF TRUST 00358//CRH11
<br /> Ste 200 �S
<br /> St. Paul, IVfN 55117 �/G���/`'�"�' �
<br /> <> B�a� ±ow > > ;> ;, ,
<br /> JHFFSRY MBISTBR JBFF MSISTER, g single person
<br /> ` ` ` kDDR�S9 :';; ;;i ' ':: ;: ;'; i> ]4F70RE88
<br /> 1024 9YCAMORS 8T 9
<br /> GRAND ISLAND, NB 688017960
<br /> 7'El.�P11�F1E�IC ;;... ;; IG�I�JGATk)NNQ. ,::; ;; . 7EC,�AHO!NENO ,,: '',> '' 16EN'f�ICl4i'IfiNNO ;;:
<br /> 507-02-8194
<br /> TRUSTEE: o.s. BANK NAR'IONAL A880CIATION
<br /> PARGO, ND 58103 /_�
<br /> v�
<br /> In consi eration o t e oan or ot er cr d acxomrno ation ereina er speci ie an any uture a ances or uture igations,as e me erein,w ich
<br /> may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuabie 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 security of D.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 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 improvemenis 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 wfth the real
<br /> property,whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development rights associated with ihe Property,
<br /> whether previously or subsequently transferred to the Property from oiher real property or now or hereafter susceptibie 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 Grantor's heirs,representatives and assigns,hereby expressly warrant,covenant,and
<br /> agree with Lender and Trustee and their successors and assigns as foliows:
<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 Granior(cumulatively"Obligations")io Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements:
<br /> > k'RI�1Cfp�P11,1�1M4�N�'! . . ;;: !dQ°l'�l M1ATL3�t#T�.: �AN.:,
<br /> L
<br /> `; �R�QIi'1.iNNT > .... ..l�q�M�WT DA7'�::::.. D�►Tf > N�lil[8�R ;
<br /> 11,600.00 07/08/99 07/15/09 66200106518360001
<br /> (b)all other present or uture,wntten agreements wit en er t at re er spea 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 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 the unpaid 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 amount: $ ��,snn_on
<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,rnodiftcations,replacemenis 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 tftle 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 to pay and perform in a timely manner;
<br /> (b) Grantor is in compliance in all respects with all applicable federal,state and local�aws and regulations,inciuding,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 governmental entity has filed a lien on ihe 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 GraMor 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 de6ned
<br /> herein,in connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shall not cor�xnit 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 j
<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 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 Section 101 of the Corr�xehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendments 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 the sublease of the Property to a tenant or subtenant whose operations may
<br /> resuft in cornamination of the Property with Hazardous Materials or toxic substances;
<br /> I
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