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<br /> Re_-!- �.� v 99 10901 �
<br /> Recording Requested by&
<br /> when Recorded Return To: NEBRASKA 66200102075890003
<br /> us Recordings, �nc. DEED OF TRUST 00485//CMB32 ��,,.
<br /> 222 E Little Canada Rd Ste 125
<br /> St. Paul, Mn �5117 ��Q��„� � �
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<br /> ROBHRT J BLOOD(300D MICHSLLB L. 8CH[78T8R, R088RT JAMEB BLOODGOOD, BOTH BINC3L6
<br /> PBR80Ti8
<br /> ffiICHBLLE 8CHII8TER . AKA ROBERT .J. BLOODGOOD II.
<br /> ;: ��59 ;: ',;: »:. ' > " '::AfiPREeB _ _
<br /> 1140 8 GRSffi11PICH eT
<br /> (3RAND IBLAND, NS 688016761
<br /> ;'�k.ER410F1ENfk `;: ',; �1fEN�1�JGi1TkiN;Nil. ;:: ; ; ' 7�tiENO ;: ':: ' �tiIENY�IG/kEkM!INO.
<br /> 506-13-1005
<br /> TRUSTEE: o.s. HANK NATIOfiAL A880CI11TI0l7 �jij, q�j a5 t`-t� �_
<br /> FARf30, ND 58103
<br /> n consi ration o t e oan or ot er cre I�8CC0 tlOfl ereina er speG an any uture a BfIC@S Of U�6 IQ3110�5,8S IfIB erein,W I
<br /> may hereinafter be advanced or incurred and the 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 D.a. HANR NATIONAL ASSOCIATION ND
<br /> ("Lender"), the
<br /> bene ciary under this o rust,un r and subject to the terms an con itions erein set ort ,wrth right of entry and possession all of Grantor's present
<br /> and future estate,right,title and interest in and to tF�e 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 improvements and fixtures;all tangible personal property 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 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. OBUGATIONS. 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 following promissory notes and other agreements:
<br /> �'4�11�A#,AUIiI�iJN`[� �tCt� �Ai�ky'41�IE7'� : 401�1�1 :
<br /> ,'�R�DI'f�[ET �+q�M�MT�iA'R :: �tqTE ��Fl;
<br /> 80,000.00 07/22/99 08/05/19 66200102075890003
<br /> (b)all other present or uture,wrmen agreements wrt en r t at re er spea y to t is ee o rust 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 obligaiory or optional,to the same extent as if made contemporaneously wNh 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 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 this Deed of Trust,exceed the following amount: $ an,noo_o0
<br /> This provision shall not constitute an obligation upon or comrrrtmerrt of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modifications,replacemerrts or substitutions to any of the foregoing.
<br /> As used in this Paragraph 1,the terms Grantor and Borcower shall indude and also mean any Grantor or Borrower if more than one.
<br /> 2 REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represerrts,warrarns and covenants 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) Gramor is in compliance in all respects with all applicable federal,state and local Iaws and regulations,induding,without limitation,those retating to
<br /> "Hazardous Materials,"as defined herein,and other environmental matters(the "Environmental Laws"),and neither the federal government nor any
<br /> other govemmerrtal or quasi govemmerrtal entity has filed a lien on the Property,nor are there any govemmerrtal,judicial or administrative actions with
<br /> respect to environmental matters pending,or to the best of the Grarrtor's Iviowledge,threatened,which involve the Property. Neither Grantor nor,to the
<br /> best of Grantor's knowledge, any other parly has used,generated,released,discharged, stored,or disposed of any Hazardous Materials as defined
<br /> herein,in connection wfth the Property or transported any Hazardous Materials to or from the Property. Grantor shall not corrmit 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 /> govemmeMal 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 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 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 amendmerrts or replacemeMs to that statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance nbw or hereaRer 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 towc substances;
<br /> E
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