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<br /> When Recorded Return To: `3� °
<br /> C.I. Title, Inc. ' NEBRASKA 6620010667956000i�
<br /> 203 Little Canada Rd
<br /> Ste 200 DEED OF TRUST oo4s5//v�os s
<br /> St. Paul, 1VfN 55117 ��,��;����.�r�.� �',J` �
<br /> �v��saw :
<br /> _ � nrroR
<br /> MARY ELLSN MSRITHS➢P BCOTT F. BROTT, SHffitRI L. HROTT, HIIBBAND AND WIFS
<br /> SHBRRI L BROTT
<br /> „ „ .. ... . „ . . ., ..
<br /> .'� �:i ::i:i ..:;�i�� .i.�:..; :iii ,� . ;i�'' .. :;�,',:,: ii ' ;,� ;i >:ii :ii�Q�i�:ii . .... .. .. ..
<br /> 4357 LARIAT LN
<br /> GRAND ISLAND, NE 688032230
<br /> ;Tf3.EF�K�IEi�k ;: IEiF.N'C�rGA1'IE1MIjNil., ; ;!i; 7�H0�,l10 ; , ;..,. ; 1DENT�IGA'#K1N;N0.
<br /> 508-52-1072
<br /> TRUSTEE: 0.9. BANK NATIONAL ABBOCIATIOfI (
<br /> FARCiO, ND 58103 �L '� \
<br /> �,.1
<br /> n consi eration o t e oan or ot er cr tt acco tio ema r spea an an utur ances or uture igations,as e ine herein,which
<br /> may hereinafter be advanced or incurred and ihe trust hereinafter 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,IN TRUST WITH POWER OF SALE for the benefit and security of II.a. HANR NATIOd�lAL A860CIATION 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 irr�rovements 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 with the real
<br /> property,whether or not affixed to the 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 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 suxessors and assigns as follows:
<br /> 1. OBLIGATIONS. This Deed of Trust shall secure the payment and pertormance 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 /> 'ip�11�;A#,AM��uw�� ,,': �'tt�r!; '1�'Ii�t�1`Y ! ! '<i��aAN '
<br /> , �R�QIF�.�lT;: �t�M�MT:�7ATf ':: 't�AT& ; ;; N�El�B�#� !:: ' '.
<br /> 39,148.85 07/20/99 08/15/19 66200106679560001
<br /> (b)all other present or ure,wrttten agreements wrt n r t at re er spea y to t is o rust e er axecu 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 ihis 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 temiination of the line)no balance may be
<br /> ouistanding. 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 induding sums advanced by Lender to protect the security of this Deed of Trust,exceed the following amount: $ 39�16A_AS
<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 indude and also mean any Grantor ar Borrower if more than one.
<br /> 2 REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represents,warrants and cove�ants 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 /> 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 relating to
<br /> "Hazardous Materials,"as defined herein,and other environmental mariers(the"Environmental Laws"),and neither the federal government nor any
<br /> other govemmental or quasi govemmental entity has filed a lien on the 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 Iv�owledge,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 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 /> governmerrtal authority induding,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 amendmeMs 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 amendmenis or replacements to that 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 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 pemrt the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contamination of the Property with Hazardous Materials or toxic substances;
<br /> ..---._,_ i :
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