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'� 7ELEPHONE N0, ID�N7IFICA714N N0. , � � 50$-90-5917 i - - _ __ _____ ____ �_ _ _ ._— _ _ - ---_ _ __ __ I TRUST�EE: U.S. PANK NATIONAL ASSOCIATION /��- �/y� �� ��, FARGO, ND 58103 ��%'ul ✓ I�� l�(..� � ' '____. . ___ . ...._._. . _ ... _.._.. . ____ _..__._ _....___-_--_.__ _ .___.-__. -___- _ .__:_. ._.. In consideration of the loan or olher credif accommodation hereinafter specified and any future advances or future Obl'igations,as defined herein,which may hereinafter be advanced or incurred and ihe trust hereinafter memioned and other good and valuable consideration,the receipi and sufficiency of which are her�by acknowledg�d, Grartor hereb� irrevocably warranis, bargains, sells, iransfers, grants, conveys and assigns to Trusiee, his successors and assigns,!N TRUST WITH POWER OF SALE for the benefit and security of U.S. BANK NATIONAL ASSOCIATION rrD _ _ _ _ _ --_ ---- — ("Lender"), the benefici�ary under fhis 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 and fi.�t�ire 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 oy this �eference, together with aif present and future improvements and fixtures; ail tangible personal property including without limitation all machinery, equiprrient, building maleriais, and goods of every nature (exduding consumer goods) now or hereafier located on or used in connection with the real property. whetYier or not affixed to the land; privileges, hereditaments, and appurtenances including ali developmeni rights associated with the Property, whether previously or subsequently transferred to the Propeny from other real property or now or hereafter susceplible of transfer from this Property to oiher real pro�,erty;leases,licenses and other agreements;rents,issues and profits;water,well,ditch,reservoir and mineral rights and stocks pertaining to the real propert,� (cumidaiively "Property");to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and assigns.untii paymeni in full of all Obiigations secured hereby. Moreover,ir further consideration,Grantor does,for Grantor and Grantor's heirs,represeniatives and assigns,hereby expressly warrant,covenant,and agree�,vith Lender and Trustee and their successors and assigns as follows: 1. OBLIGATIONS. This Deed of ?rust shall secure ihe payment and performance of all present and future indebtedness, liabilities, obligations and covena�is of Borrower or Granior(cumulatively"Obligations")to Lender pursuant to: (a)this Deed of Trust and the foilowing promissory notes and other agreemenis: PRINCIPAL AMdUNT/ ' H�� I IuIATURITY ' i I.OAN ' CREDIT LIMIT � AQA6�MEN7 DATE � DATE ; �I _ NUME#ER . — i � '� 46,500.00 , 08/27/99 � 09/15/19I66200107311660001 I , I ,I � � � b �il other resent or(utu�e;writien a reements wiih Lender ifiat reTer s ecii`calr fo ihis Deed o1lTrusf whe�er executed for fhe same or different � )�- P 9 P Y � purposes than the foregoing); (c) any guaranty of obiigations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust; (d) �i�ture advances,whether obiigatory or opiional,to the same extent as if made contemporaneously with the execution of this Deed of Trust,made or extended on behalf of Grantor or Borrower. Granior agrees that if one of the Obiigations is a line of credit,the lien of this Deed of 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 ihe line)no balance may be outstanding. At no time during thie term of this Deed of Trust or any extension thereof shall the unpaid and outstanding secured principal future advances,not including sums advanced by Lender to protect the security of this Deed of Trust,exceed the foilowing amount: $ ae�snn_oo This provision shall not constituie an obligation upon or commitment of Lender to make additional advances or loans to Grantor;and (e)ail amendments,extensions,renewals,modifications,replacernents or substitutions to any of the foregoing. As iased in this Paragraph 1,the terms Grantor and Borrower shall include and also meari any Grantor or Borrower if more than one. 2. REPRESENTATIONS,WARRAiJTIES AND COVENANTS. Grantor represents,warrants and covenants to Lender that: (a) Granior has fee simple marketable title to the Property and shall maintain the Property free of all liens,security interests,encumbrances and 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 reference,which Graritor agrees to pay and perform in a timely manner; (b) Grantor is in compliance in all respects wiih all applicabie federal,state and local laws and regulations,including,without limitation,those relating to "Hazardous Materials,"as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federal government nor any other governmenial or quasi governmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions with respect to environmental matters pending,or to the best of the Grantor's knowledge,threatened,which involve the Property. Neither Grantor nor,to ihe best of Grantor's knowledge, any other party has used, generated, released, discharged, stored, or disposed of any Hazardous Materials as defined hereiri,in conneclion with the Property or transported any Hazardous Materials to or from the Property. Grantor shail not commit or permit such actions to be taken in ihe future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including,but not limited to,(i)petroleum;(ii)friabie or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances, mate�rials or wastes designated as a"hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuan�to Section 307 of the C�ean Water Act or any amendments or replacemenTs to these statutes; (v) ihose substances, materials or wastes defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those subs;ances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Cornpensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federal siatute, rule, regulation or ordinance noev or hereafter in effeci. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may resuli in contamination of the Property with Hazardous Materials or toxic substances;