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<br /> Recording equested by & NEBRASKA 66200106971930001
<br /> US Recordings, inc. DEED OF TRUST 00376//J G68
<br /> 222 E Little Canada Rd Ste 125 �,,,�, -, .;. , � ^\
<br /> St. Paul, Mn 55117 `�` ���� �``����'�" �"�� v� �
<br /> ' GRi?�1?ITDR ' '° °' '`:
<br /> �
<br /> '<B�IR �7W:E�i ;::
<br /> BRETT L. NSLLSON BRETT NSLLSON, LORI NELL80N, HIISHAND AND WIFE
<br /> LORI A NSLL90N
<br /> ;ADDRES9 _ ADL1kiE9&::::
<br /> 4056 LILLY DR
<br /> GRAND ISLAND, NE 66803
<br /> 'CEt.EpH�lIE NO. �EMfT1F(GATK3N NF?. 1'EE,�PHdNE NO, 1DENTI�IGA7kN!1:N0.
<br /> ,::.._
<br /> 508-98-0797
<br /> TRUSTEE: u.8. BANK NATIONAL A880CIATI�1 D �L ^ -
<br /> FARGO, ND 58103 S
<br /> n consi eration o t e oan or ot er cre it accommo ation i a er spe t ie an any uture a ances or uture igations,as e ine herein,w ich
<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 ircevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for lhe benefit and security of II.g. gANK NATZONAL ASSOCIATION 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 improvements and fixtures;all tangible personal property including 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 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 lo 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 benefii 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 iheir successors and assigns as follows:
<br /> 1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance of all present and fuiure 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 /> W�iI1s10EPA�.AMOUN�fi l+tf��`PJ ,< MATU�E7'Y LdAN
<br /> ' GFi�RIT1.�([4T.: IAqRfs&M�NT:Di1'f'�..... ,' �A`f� NI�[�[B�R
<br /> 74,400.00 08/12/99 08/15/19 66200106971930001
<br /> (b)all other present or uture,wntten agreements wit en er t at re er spea ica y to t is ee o rust w 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 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 nolwithstanding 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 unpaiii and outstanding secured principal future
<br /> advances,not including sums advanced by Lender to protect the security of this Deed of Trust,exceed the fol►owing amount: $ �a,aoo_oo
<br /> This provision shall not constilute an obligation upon or commitment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendmenis,extensions,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 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 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 limitaiion,those relating to
<br /> "Hazardous Materials,"as defined herem, and other environmental mariers(the "Environmental Laws"),and neither the federal government nor any
<br /> other govemmental or quasi governmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions with
<br /> respect to environmental 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 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 /> governmental 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 /> Ctean Water Act or any amendments 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 replacemenis to that statute; and (vi) those
<br /> subsiances, materials or wastes defined as a "hazardous substance" pursuant io Section 101 of the Comprehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendments or replacements to ihat statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contarrrnation of the Property whh Hazardous Materials or toxic substances;
<br /> �
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