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<br /> After Recordation Return to: ''° -.� ''"'' N CD
<br /> Union Bank & Trust � `p N � �
<br /> Grand Island Branch � Z
<br /> 2008 N Webb Rd �
<br /> Grand Island, NE 68803 99• 1V��4��
<br /> DEED OF TRUST ��
<br /> ,, CJI�TS.TR�JCTION SEC�JRITY'..IN'i'ER,E3T _ d
<br /> ': ;:����ttl�'t ' '.< . ' -. ;; , _ ; : �lJ� �t
<br /> ; ,. , >
<br /> Kenneth H Tell, husband and wife
<br /> Kenneth H Tell Jan Nuernberger Tell, husband and wife
<br /> Jan Tell
<br /> > �DDR�s : -; ,�q1�111�SS . _ _
<br /> 1010 West John St Y010 West Johzi St
<br /> Grand Island, NE 68.801 Grand Islaad, NS 68801
<br /> ��HVa�►�.;: ; >�o�rm�a;cc��rr� r��:�aH�r�e�a '':': 'i�be�er�acnnc»a r�t�:
<br /> (308) 381-7743 319483714 (308) 381-7743 319483714 i
<br /> TRUSTEE: IIrilOri Bank & Tru�t Comgany Grand Island Branch
<br /> 2008 N Webb Road, Graad Island, N� 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 hereby irrevocably bargains, sells, transfers, grants, conveys and assigns to Trustee, his
<br /> successors and assigns,in trust,for IInion $aak & Trust Grand Islaad Branch Z008 N Webb Rd Grand
<br /> Island NS 68803 ("Lender"), the
<br /> beneficiary under this Deed of Trust,with power of sale and right of entry and possession all of Grantor's present and future estate, right,titie and
<br /> interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference,together
<br /> with all present and future improvements and fixtures;all tangible personal properry,including,without limitation,all machinery,equ�ipp entyt;building
<br /> materials,and goods of every nature (excluding household goods)now or hereafter located on or used in connection with the real ro e p p�r
<br /> or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with the real ro e
<br /> whether previously or subsequently transferred to the real property from other reai 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, well, 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 fuil 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,obligations and
<br /> covenants of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to:
<br /> a this Deed of Trust and the followin romisso notes and other a reements: �
<br /> � T s PEqN ;IPAI.RM,t�l4T N01 ' :.:::.. . I T..:.. '
<br /> s�3ATE > s. CR£E�tT:I:IM�I' At#IiE�N1ENT:E�AT'� Qf►TE...;::; s. NU��.. `' NU�IBEA '.
<br /> FIXED $65,200.00 08/17/99 03/O1/00 500187 kh 344915
<br /> (b) ail 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 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,
<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 shali 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$13 0,4 0 0.0 0 ;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 oov�nants 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
<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 Property 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 /> knowtedge,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 including, but not limited
<br /> to: (i) petroleum; (ii) friable or nonfriable asbestos; (iii) 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 i
<br /> 1004 of the Resource Conservation and Recovery Act or any amendments or replacements 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 thereunder)and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or
<br /> municipal suthority with jurisdiction over the Property, presentiy 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 limited to zoning variances,speclal exceptions for nonconforming uses,
<br />� __a.:..e�inanaeMinn n��r�.,�i�i whather temD�fSN Of D8f�T18�811t,which are material to the use and occupancy of the Property,presently are and �
<br />
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