|
m n n
<br /> rn D C rn � r�
<br /> � � _ =a o —�i _..�
<br /> � = N � :r; z � ° �
<br /> :�
<br />, �n �� � —� m � �
<br /> .. -�
<br /> °c�.t" Q) � O � O.
<br /> Z �"'� �
<br /> c� �.,,; = m cn
<br /> `� �y �'� � fr' T�`,. C� t�
<br /> �,;
<br /> cn i:, �. � '-+-
<br /> e �< rv a� � c'7
<br /> � �� c.n �.n, ca �
<br /> rn
<br /> � N � �
<br /> ��—k�� a' z
<br /> 0
<br /> Recording R uested by &
<br /> NEBRASKA 66200106805530001
<br /> us Recordin9s, �nc. DEED OF TRUST
<br /> 222 E Little Canada Rd Ste 125 00485//v�v0i C\ �\
<br /> St. Paul, Mn 55117 �'�'� '-�u,,`� u�
<br /> ;: ! !':� ;: I; ; ;: ; ' U
<br /> „ ; ,�
<br /> _ ' �
<br /> ROBERT LABART R088RT W LASART, JR., A BINGLE PSRSON
<br /> . . .. ,;i, '���M!i��'FW� : . .. .... ... .. .. . ._ . . i�..:�Q�� <_. ... . ..
<br /> 1610 3RD 9T 91
<br /> 6RAND ISLAND, NE 688015767
<br />! 3EF.EW�il�IE�14: :;: ?;; '" �FJ!1YlPIEATkINM1C?. ''%>; ; ;: 'T�I.�kIC��iO ;; ; " �N'tFICJlfkillllQ
<br /> _ ' >:: ..'
<br />' S05-60-7413
<br />� TRUSTEE: II.6. HANR NATIODIAL A880CIATION
<br /> F71RG0, ND 58103 �
<br /> c-
<br /> n consi ration o t e oan or ot er cr tt acco tion ereina er s an any ure s r u e igaUons,as ne erein,w i
<br /> may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable cons ration,the receipt and sufficiency of which
<br /> are hereby adviowledged, 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 a,a. HANR NATI�IAL A880CIATION ND
<br /> ("Lender"), the
<br /> benefiaary under this Deed of Trust,under and sub�ect 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 irrterest 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 preserrt and future improvemerrts and fixtures;all tangible personal property induding without limitation all machinery,
<br /> equipment, building malerials, 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 developrnent rights associated with the Property,
<br /> whether previously or subsequerrtly 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 stxks pertaining to the real
<br /> property(cumulatively"Property");to have and to hold the Property and the rigMs 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,Grarrtor does,for Grantor and GraMor's heirs,represeMatives 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 pertomrance 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 /> pi�II�A�,A�YIOUM�! i. �tCt�1 �liik� I.oIkN'':
<br /> �R�RI'F.fi�fET �M�M��Tf : > <:ktA1'� . . N�#I�tBff#�
<br /> 58,354.25 07/30/99 08/15/19 66200106805530001
<br /> (b)all other present or uture,wrrtten agreements wrt n r t at re er spea y to t is ee o rust e er execu or e same or different
<br /> i
<br /> purposss 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 ihe same exterit 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 paymerrt in full of all debt due under the line notwhhstanding 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 induding sums advanced by Lender to protect the security of this Deed of Trust,exceed the following amount: $ sa �sa �s
<br /> This provision shall not constitute an obligation upon or corTmtment 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 Grarrtor and Borrower shall indude and also mean any Grantor or Borrower if more than one.
<br /> 2 REPRESENTATIONS,WARRANTIES AND COVENANTS. GraMor represents,warrants and covenarns to Lender that:
<br /> (a) Grantor has fee simple marketable title to the Property and shall mairrtain 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) Grarrtor is in compliance in all respects with all applicable federal,state and local laws and regulations,induding,without limitation,those relating to
<br /> "Hazardous Materials,"as deflned herein, and other environmental rtratters(the "Environmerrtal Laws"),and neither the federal govemment 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 environmerrtal matters pending,or to the best of the Grantor's knowledge,threatened,which involve the Property. Neither Grantor nor,to the
<br /> best of Grantor's Iviowledge, 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 comrmt 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 /> govemmental authority induding,but not limited to,(i)petroleum;(ii)fiable or nonfiable 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 amendments or replacements to these statutes; (v)those substances, materials or wastes defined as a"hazardous waste"
<br /> pursuarrt 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 amendmeMs 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 /> resuft in corrtamination of the Property with Hazardous Materials or toxic substances;
<br />� ..____� •--- - -- I
<br />
|