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� �'f f3 <br /> - ' t T = �' 11� C� �J'j O <br /> C � = C.L� Q � <br /> m � � � -� � `; � m � m <br /> n a "' �w �r -� � c° �. <br /> 0 <br /> ?c c�����".- �, Q � � c,�v <br /> � "+` f V `rt � �a Q <br /> , R : �,M, � f"I aj <br /> v R rrt t�, v "i7 ;" Ca � (n <br /> � €..i.l �„ � r � �D � <br /> � �� � �-' i y+4 f�J � 7�C �D C <br /> �::Reco-rdat�n Retur�.ta �"� � ,--� u' 3 <br /> Union Bank And Trust Co. � cn � � <br /> CONSUNIER LOANS, JULIE MEINERS � �- <br /> P.O. Box 82535 � <br /> Lincoln, NB 68501-2535 Q- <br /> 99 149957 <br /> DEED OF TRUST � <br /> '' BC?�iROW�R '' '', ' CrRANTOR � <br /> JAMES R HANLON JAMES R HANLON � <br /> PEGGY J HANLON PBGGY J HANLON � <br /> HLTSBAND & WIFF3 <br /> >�'ADDRES9 kDDRESS <br /> 4910 SO 73RD STREET : 4910 SO 73RD STRSET: <br /> LINCOLN, NS 68516 LINCOLN, NE 68516 <br /> __ __ _ _ ___ __ _ _ _ __ __ __ __ _ _ _ _ _ <br /> TELERMQNE NO. I'' 'tDENT1FIGATIpN NO. ' T��EPHON�NO: 'FU�NTIfIGl�4TlOht NO.'" <br /> (308) 381-8556 479484454 : (308) 381-8556 479484454 <br /> TRUSTEE: Union Bank And Trust Co. <br /> 3643 S. 48th St. P.O. Box 82535, Lincoln, NE 68501-2535 <br /> In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein, <br /> which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and <br /> sufficiency of which are hereby acknowledged Grantor hereb irrevocably bargains, selis, transfers, grants, conveys and assigns to Trustee, his <br /> successors and assigns,in trust,for Union �ank And �rust Companv Lincoln Branch, 3643 South 48th St, <br /> Lincoln NE 68501-2535 ("Lender"), the <br /> beneficiary under this Deed of Trust,with power of sale and right of entry and possession all of Grantor's present and future estate, right, title and <br /> interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference,together <br /> with all present and future improvements and fixtures; all tangible personal property, including, without limitation, all machinery, equipment, building <br /> materials, and goods of every nature (excluding household goods) now or hereafter located on or used in connection with the real property, whether <br /> or not affixed to the land; all privileges,,hereditaments, and appurtenances, including all development rights associated with the real property, <br /> whether previousiy or subsequentiy transierred 4�the real �3roperty from othar real properiy o�now or h�reafter susceptible oi transfer fron�+ tl�is raa� <br /> property to other real property; all leases, licenses and other agreements; all rents, issues and profits; all water, well, ditch, reservoir and mineral <br /> rights and stocks pertaining to the reai property (cumulatively "Property");to have and to hold the Property and the rights hereby granted for the use <br /> and benefit of Trustee,his successors and assigns,until payment in full of all Obligations secured hereby. <br /> Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly <br /> warrant,covenant,and 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 followin romisso notes and other a reements: <br /> N N N ' <br /> RATE GREDIF LIMIT> AGREEMENT DiATE OATE `NiiMBEli NUMBER <br /> FIXED $155,000.00 10/08/99 O1/06/00 237 JF/PD/jm 363230 <br /> (b) all other present or future written agreements with Lender that refer specifically to this Deed of Trust(whether executed for the same or <br /> different 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, <br /> made or extended to or 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 <br /> 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 <br /> the line) no balance may be outstanding. At no time shall the lien of this Deed of Trust,not including sums advanced to protect the security of <br /> this Deed of Trust,exceed$310,0 0 0.0 0 ;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. RErRESENTdTIONS,WARRANTIESAND 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 <br /> 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 <br /> reference,which 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 <br /> relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federal <br /> government nor the state where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Property, <br /> nor are there any governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Grantor's <br /> knowledge, threatened, which involve the Property. Neither Grantor nor,to the best of Grantor's knowledge, any other party has used, generated, <br /> released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any <br /> Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous <br /> Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including, but not limited <br /> to: (i) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a <br /> "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any <br /> amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous waste"pursuant to Section <br /> 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi)those substances, materials or <br /> wastes defined as a"hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response,Cornpensation and Liability <br /> Act,or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or ordinance now or hereafter <br /> in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of <br /> the Froperty with Hazardous Materials or toxic substances; <br /> (c) All applicable laws and regulations, including, without limitation, the Americans with Disabilities Act,42 U.S.C.Section 12101 et seq. (and all <br /> regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or <br /> municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all <br /> rights, licenses,permits, and cert'rficates of occupancy (including but not limited to zoning variances,special exceptions for nonconforming uses, <br /> nnrl finfll inenerfinn nnnm.mlel wheThur tommrani nr narmanwnt which ara marwrial tn thw usa and occuoancv of the Pro�ertv. �resentiv are and <br />