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<br /> Union Bank & Trust �'' � f=' � ap .��-+- ,
<br /> Gran d Is land Branch ��'� � D Z
<br /> 2008 N �Pebb Rd PO Box 5166 � c,a •.••.• a �
<br /> Grand Island, NE 68802 --� N �
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<br /> DEED OF TRUST
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<br /> Robert B Colgan Robert 8 CoYgari, husband and wife
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<br /> Vianne J Colgan Vianne J Colgan, husband and wife �
<br /> , �I�RESs
<br /> AipbFi�SS;;
<br /> 2319 Independence 2�19 tndependence
<br /> Grand Island, NE 68803-1448 Grand Island, NE 68803-1448
<br /> ;7'EtEPH4iN�N4. ::. >:; 1AGItTEFl�l4Tli�1N Wi#.. TEI.EFHqM4EN�3.; iD�kTEF7�llflt3�1!�C! :::
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<br /> (308) 384-9636 508520686 (308) 384-9636 508520686 `
<br /> 7ttuSTee: IInion Bank & Trust Company Grand Island Branch
<br /> 2008 N Webb 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 acknowiedged Grantor hereby irrevocablY bargains, sells, transfers, grants, conveys and assi ns to Trustee, his
<br /> successors and assigns,in trust,for IInion �ank & Trust Grand Island Branch 2008 N Webb Rd �O Box
<br /> 5166, Grand Island, NS 68802 ("Lender"), the
<br /> beneficiary under this Deed of Trust,with power of sale and right of entry and possession ail of Grantor's present and future estate, right,title 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 property,including,without limitation,all machinery,equipment,building
<br /> materials,and goods of every nature (excluding ho�sehol�goc�s)now er herea�ter iocsted 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, 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 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,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 ;; N PIkLRM UN7' FtiFAOtN ;'' �A1TL�_,I�Y' U ER
<br /> #lATE , ; i:...:GEiED17Ul�ilt7'>: 4lSiAEEIY�£N'L.:E��►7£ >:. ::�il?E . < ;NU�RBEg::: !NU�ER._.... .;
<br /> FIXED $10,659.50 09/02/99 09/02/04 500176 kh 351490
<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 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 contemporaneousiy 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 iien of this Deed of Trust,not including sums advanced to protect the security of
<br /> this Deed of Trust,exceed$2 0,0 0 0.D 0 ;and
<br /> (e)all amendments,extensions,renewals,modifications,rep�acements or substituticns:o any of the foregoing.
<br /> As used in this Paragraph 1,the terms Grantor and�3orrower shall include and also rttean 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 title to the Property and shail maintain the Property free of all liens,securiry 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 pertorm 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 environmentai 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 parry 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 suthority 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
<br /> 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute;and (vi)those substances,materiais or
<br /> wastes defined as a"hazardous substance"pursuant to Section 101 of the Comprehensive Environmental Response,Compensation and Liability
<br /> Hct,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) Afi applicable laws and regutations, includin.g,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 authority with jurisdiction over the Property, presently are and shall be observed and complied witFr in all material respects, and all
<br /> rights,licenses,permits,and certificates of occupancy(including but not limited to zoning variances,special exceptions for nonconforming uses,
<br /> and final inspection approvals),whether temporary or permanent,which are material to the use and occupancy of the Property,presently are and
<br /> shall be obtained,preserved and,where necessary,renewed;
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