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<br /> Recording Requested by & 66200106597550998
<br /> When Recorded Return To: NEBRASKA
<br /> us Recordings, �nc. DEED OF TRUST 00403//JET18 �
<br /> 222 E Little Canada Rd Ste 125 ����,�;'��;�� , S
<br /> St. Paul, Mn 55117 •�
<br /> _ _. _ ,. GRANTOR ` '
<br /> i _ _ _ BORROWER _ _ ' Q
<br /> LYNN M MAYHEW, AMY L MAYHEW, HUSBAND AND WIFE I
<br /> '��� I�YNN M. MAYREW �,
<br /> �I AMY L. MAYHfiW �.,
<br /> , ADDRESS I ADDRE55 i
<br /> I
<br /> I�I 4?35 CALVIN DR � I
<br /> '�. GRAND ISLAND, NE 688018709 I
<br /> III 7ELEPHONE N0. IU�N'FIFIGATIOFI'NQ. T6LEPW�NE N0. IDEN71fICATION N0. I
<br /> 505-02-2429 .
<br /> _ _ _ _ . � ( -� ' ,p p,(�'
<br /> � ,
<br /> I TRUSTEE: U.S. RANK NATIONAL A550CIATION �ID. L{�*�� ��� C�V� "-'�J �
<br /> ` In considerat on of the loan or other credit accommodation herein nryioned and othea oodfand valaable considerat onO,bheare eipt3ar desufi�iercylof whicll
<br /> ' i
<br /> may hereinafter be advanced or incurred and the trusl heremafter me 9
<br /> are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trusiee, his successors aiid
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of U.S. BANK NATIONAL associATroN ND
<br /> __._ -- _ _ _ . _ _
<br /> ("Lender"), the
<br /> --- .
<br /> beneficiary under this Deed of Trust,under and subject to the terms and conditions herein set forth,with right of enfry and possession all of Grantor s present
<br /> and future esiate,right,title and interest in and to lhe real property described in Schedule A which is attached to this Deed of Trust and incorporaled herein
<br /> by this reference, together with all present and future improvements and fixtures; all tangible personal properly induding 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 witfi the real
<br /> property, whether or not affixed io the land; privileges, Piereditaments, and appurtenancES including all developinent rights associated with the Property,
<br /> whether previously or subsequently transferred to the Properly from other real property or now or hereafter susceptible of iransfer from this Property to othier
<br /> real property;leases,licenses and other agreements;rents,issues and profits;water,well,ditch,reservoir and mineral rights and stocks pertainir�g to the real
<br /> property (a�mulatively"Property");to have and to hold the Property and the righis hereby granted for the use and benefit of Lender, his successors and
<br /> assigns,until payment in fiill 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 follows:
<br /> 1. OBLIGATIONS. TF�is Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obligations and
<br /> covenants of Borrower or Grantor(cumulalively"Obligations")to Lender pursuant to
<br /> (a)tiiis Oeed of Trust and ihe following promissory notes and other agreemenis
<br /> � > NOT�1: MATURITY 40AN '' i
<br /> ' PRINCIPAL AMdUhITJ N����� I
<br /> , CREDIT LIMfT AGREEMENT dATE I3ATE
<br /> _ �
<br /> i
<br /> 14 000.00 07/15/99 07/15/29 66200106597550998
<br /> ,
<br /> I
<br /> � I
<br /> I fiuture written a reemenis wil�Lender that refer speciiically io this 6eed oflTri�st(whether executed for the same or different
<br /> (b)all oiher present or g
<br /> purposes than the foregoing);
<br /> (c) any guaraniy 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 Ihis Deed of Trust,iY�ade 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 Trus1 shall continiie
<br /> until payment in full of all debt due under the line noiwithstanding the facl thal from tiRie to time(but before termination of the line)no balance rnay 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 including sums advanced by Lender to protect the security of lhis Deed of Trust,exceed the following amourit. $_��,_auo_tio_ ___
<br /> This provision shall not consiitute an obligation upon or commiiment of Lender to make additional advarices or loans to Granlor;and
<br /> (e)all amendments,exiensions,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 nwre thari 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 ihe 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 io this Deed of Trust and incorporated herein by reterence,whiicYi
<br /> Graritor 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 limitatiori,ihose relatirig to
<br /> "Hazardous Materials,' as defined herein, and other environmental matters(the "Environmental Laws"), and neither the federal government r�or any
<br /> other governmental or quasi governmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative aciioris with
<br /> respect to environmental mallers pending,or to the best of the Grantor's knowledge,threatened,which involve the Property. Neither Grantor rior,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 Properly 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 /> governmenial 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" pursuani to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the
<br /> Clean Wa1er Act or any amendments or replacements to lhese 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 Comprehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendmenls or replacements to that siatute or any other similar state or federal statiate, rule, regulation or
<br /> ordinance now or hereafter m effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in coniamination of the Property wilh Hazardous Materials or toxic substances;
<br />
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