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<br /> NEBRASKA 66200107661470001
<br /> �9 10 9 6 91 DEED OF TRUST 00485//VJN01 ��
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<br /> 1944 FRBBDOM DR
<br /> 6RAND ISI,AND, NS 688034817
<br /> 7'Ck.EiN�IE�k ;:; ;;, 'IG�JV�lFTG�L7'kiN MIC9. ; . . ;; 7�LEDNANE3i0 ;; . ; ;; 1Gf�1't'�I�A'EKMV NO
<br /> 507-56-1071
<br /> TRUSTEE: II.B. BANK NATIOdIAL ABBOCIATION
<br /> FARGO, ND 56103
<br /> n consi ration o t e oan or ot er cr tt ar,commo tion ereina er speci e an any ure a ances or uture igations,as ine erein,w ic
<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 warrards, 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.a. HANK NATIONAL ABBOCIATION ND
<br /> ("Lender"), the
<br /> neficiary under this De of Trust,under and su ject to the terms and conditions herein set forth,with right of entry and possession all of Grantor's present
<br /> and future estate,right,titie 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 lhis 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, hereditamerns, 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;rerrts,issues and profits;water,well,ditch,reservoir and mineral rights and stocks pertaining to ihe real
<br /> property (cumulatively"Property");to have and to hold the Properly 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 sucxessors and assigns as follows:
<br /> 1. OBLIGATIONS. This Deed of Trust shall secure the payment and pertormance 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 /> pq1�A#,��N�f' l�br�t �1Ik1�t�1�K'' ! LC�1kN
<br /> �R�RI��IT �qRFi#HI�M'f�'1� : ;�tA`f� <N�EI�HLR
<br /> 76,956.25 09/30/99 10/01/19 66200107661470001
<br /> (b)all other present or ure,wrrtten agreements wtt 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 obligatory or oplional,to ihe same extent as if made contemporaneously wfth the execution of this Deed of Trust,made or
<br /> extended on behalf of Grantor or BoROwer. 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 deM 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 induding sums advanced by Lender to protect the security of this Deed of Trust,exceed the following amount: $ 76,956_25
<br /> This provision shall not constitute an obligation upon or commitment of Lender to make additionai advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modifications,replacemenls 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. Gramor represents,warranis and covenants to Lender that:
<br /> (a) Grantor has fee simple marketable title to ihe 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 limitation,those relating to
<br /> "Hazardous Materials,"as defined herein,and other environmental matters(the "Environmental Laws"),and neither the federal government nor any
<br /> other govemmental or quasi govemmerrtal entity has filed a lien on the Property,nor are there any govemmental,judicial or adrr�nistrative 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 corrxnit 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 including,but not limited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)ihose 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 /> pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendmerrts 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 Liabil'dy Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance nbw or hereafter in effect. Grantor shall not lease or pemrt the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contamfnatfon of the Property wllh Hazardous Materials or toxic substances;
<br />
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