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<br /> 9 9 14 9 9 4 6 NEBRASKA 66200107535090001
<br /> DEED OF TRUST 00358//CRH11
<br /> �S
<br /> _ e�a��ow�� I _ _ �RaMra�; _ _ �
<br /> MICHSLLE BROWNING , RAY A. BROWNING, MICHELLB L. BROWNING, HIISBAND AND WIFE
<br /> RAY BROWNING
<br /> i
<br /> '' ADDRESB ' <ADQR£S3 ''
<br /> 2212 KOSNIG ST W '
<br /> GRAND ISLAND, NE 68B035339
<br /> , . ..... ......... .__._. ..__._ _...__. ......... ..__._. ......... ......... ...___ _.._._ .._..... _.__.. ._._... .._... .. ...
<br /> TELEPtIOME Nf�. �D�N'f1FICA710N NQ ' TELEPHbNE'NO. 1DENTIFICATI4N iVO.
<br /> __ 507-92-5182 _ _ _ _ _ _
<br /> TRUSTEE: II.S. HANK NATSONAL ASSOCIATION
<br /> FARGO, ND 58103
<br /> In consideration of the oan or other credit accommodation hereinafter specified and any future advances or future Obligations,as defined herein,which
<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. BANK NATIONAL 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 interesl 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 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 ihe land; privileges, hereditaments, and appurtenances including all development rights associated with the Property,
<br /> whether previously or subsequently lransferred 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 stocks pertaining to the real
<br /> property (cumulatively"Property");to have and to hold lhe Property 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 successors and assigns as follows:
<br /> 1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance 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 /> ''PRINGIFAL AMdUNTf ' �"�'' MATl3RETY :' ''LOAN '
<br /> CR�RI7 LEMkT` kQRF.EME�hIT[7A1'� �AT� NIJMBER;
<br /> 23,940.00 09/24/99 09/24/19 66200107535090001
<br /> (b)all other preseni or uture,written agreemenis wit en er t at re er spea ica y to t is ee o rust w et er execute 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,lo the same extent as if made contemporaneously with the execution of ihis 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 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 protect the security of this Deed of Trust,exceed the following amount: $ �s,9ao_nn
<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 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 ihe 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 ariached 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 lo
<br /> "Hazardous Materials,"as defined herein, and other environmental matters(the "Environmental Laws"),and neither lhe federal government nor any
<br /> other governmental 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. Neiiher 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 lerm "Hazardous Materials" shall mean any substance, maierial, or waste which is or becomes regulated by any
<br /> governmental authority including,but no1 limited to,(i)petroleum;(ii)friable or nonfriable asbeslos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> matenais or wastes designated as a"hazardous substance" pursuant to Section 311 of the Clean Water Ac1 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 amendmenls 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 permit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contamination of the Property with Hazardous Materials or toxic substances;
<br />
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