|
A
<br /> n n
<br /> T i'Ti (!'1
<br /> n � Z � _
<br /> = V � c� C� fI� �
<br /> � = N C.O � D � .�-r
<br /> � �'''� 2 "'� � C�D
<br /> � '3 ` T� --� m <,p Q.
<br /> rn �� � ."'� c� d
<br /> � i F—� p 'ti'1 � N
<br /> �� Q� '�'t Z F-� �
<br /> � ��{� � r � � �
<br /> rn
<br /> � � � r- n' Ca
<br /> � � Fy ~ N ~ �
<br /> N 7C ,,,+,
<br /> ��Y � �v � z
<br /> �,�.�-��-� �, � � o
<br /> Recording Requested by & �`'
<br /> NEBRASKA 66200106704630001
<br /> us Recordings, �nc. DEED OF TRUST 00485//CMB32 ��
<br /> 222 E Little Canada Rd Ste 125 `�}�
<br /> St. Paul, Mn 55117 �-�.=�;'� } �::?,� ... "� `
<br /> ,; , , ; ; �
<br /> ,... > :. >: ±D ; ''
<br /> RANDALL S. NI6LSSN RANDALL B. NISLBEN, VALSRIB J. NIBLBSN, HIIBHAND AND WIFB
<br /> VALBRIE J NIBLSBN
<br /> ; ,.i' . ��:ii .;ii...��1�'.�„� . di . .. �:ii ;,�, :ii. "!:: ., . �<�:i .:iii ... ..ii:��Q�l�'+� � .. . .. ... . .
<br /> 2317 VIKING CT
<br /> GRAND ISLAND, N8 668031446
<br /> ;13�.EPHGNE�IC <:! '' , ID�I!I;t1FfCA1'kiw I!1�l. . ,,; ,., 7FES�NOf�E:N4 s: '; !; ��N`i'�ICA7k3N N0.
<br /> 508-92-4252
<br /> TRUS�E: II.B. BANR NATI�IAL ASSOCIATI�I n g D L �
<br /> FARaO, ND 58103 �" � I
<br /> n consi ration o t e oan or ot er cr tt acco tion hereina er spea an a ure a ance uture igations,as e in erein,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 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 II.s. BANR NATIOd�IAL ASSOCIATION ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of Trust,under and subject to the temu 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 Tn�st 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 /> equiprnent, building materials, and goods of every nature (exduding 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 induding all development rights associated with the Property,
<br /> whether previously or subsequernly 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,dftch,reservoir and r�neral rights and stocks 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,uMil 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. OBLIGATIONS. This Deed of Trust shail secure the payment and perfomrance 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 /> ' ! p�1il�11#,AN103J�F� ,:: �tQt�'�! MiA`h�3#1'y ' 1.G11N :
<br /> GR�RIT:t�t7 ;. . ��M�.M.F�?AAi&>,.: ''..EtJ1TF '
<br /> <NfifN{.B..�Rii >
<br />�i
<br /> 30,000.00 07/26/99 08/01/09 66200106704630001
<br /> (b)all other present or ture,wrrtten agreements wrt en r t at re er spea i y to t is e o rust e er execu or e same or dlfferent
<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 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 Bonower. 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 prolect the securiry of this Deed of Trust,exceed{he following arnount: $ 3n,nno_o0
<br /> This provision shall not constitute an obligation upon or commitment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modifications,replacements or substhutions to any of the foregoing.
<br /> As used in this Paragraph 1,the temis Grantor and Borrower shall indude and also mean any Grantor or Borrower if more than one.
<br /> 2 REPRESENTATION3,WARRANTIES AND COVENANTS. Grantor represents,warrants and covenants to Lender that:
<br /> (a) Grantor has fee sirnple marketable tftle 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 respecls with all applicable federal,state and local laws and regulations,including,without limitation,those relating to
<br /> i "Hazardous Materials,"as defined herein, and other environmental mariers(the"Environmental Laws"),and neither the federal government nor any
<br />! other govemmental or quasi govemmental errtfty has filed a lien on the Property,nor are there any govemmental,judicial or administrative actions with
<br />�� respect to environmental matters pending,or to the best of the Grantor's knowledge,ihreatened,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 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 /> govemmantal authority including,but not limited to,(i)petroleum;(ii)fiable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> i 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 /> 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 amendments or replacemerrts 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 permit the sublease of the Property to a tenant or subtenant whose operations may
<br />� resuft in cornamination of the Property with Hazardous Materials or toxic substances;
<br /> I -- -- --- ^---.�., �
<br />
|