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� n ra <br /> rn , ,�� c� cn ,p <br /> � -n m � '• �� p s ,.� �' r�_ o --� <br /> � � n � � _ , , �t =_,, c n ° <br /> 2 D � '�� �� � rn CA ,-�,. <br /> n � c.n � �,' --i ..� Q co <br /> c� -'� � G. <br /> 7C J C,!;,R F-� O � <br /> ( � 7 <br /> "► �' ' � rn p � <br /> ♦ �°.� t.J'y,.� --r3 Tr CA <br /> ' ^ ,�.� ,., � r � Cp � <br /> V 1 ^: e� � CL� C <br /> � `� r' � <br /> D CD � <br /> y�„, � +,i� <br /> � � <br /> �iter Recordation Retum t0: N c'> z <br /> IInioa sank & 'rrust p <br /> Grand Island Branch • <br /> 2008 N ➢�ebb Rd PO Box 5166 <br /> Grand Island, NE 68802 9 9 1 0 9 9 9 7 <br /> DEED OF TRUST <br /> <;; ; , ,: , <br /> ��i�'#bvYEF� <br /> • �.... ;:.. C3A1��1��i':> <br /> ... , <br /> ' • : �S` <br /> Angela Kohtz Angela L iColitz, a single person ` ' � O� <br /> Bradley Cornelius <br /> ;' ';>: ??Waf?RE9S:: .. ... __ _ _: _ <br /> : ' ` i#I�#iH1�8S ?; . '; <br /> ;. <br /> ::; ;; <br /> 2912 W 17th St 29Y2 1�l �7th St ' - <br /> Grarld..Islasid, N�3_ 68803 Grand Ialand, NE 68803 <br /> r��€a►u��Hot <: !: �a��E�a�n�ics w4.':> .. ..>::r�a�ar►�Ha <br /> IDEk'k'fFiGA'f1tl�1 lsKa .:: <br /> (308) 381-4271 508212763 (308) 381-4271 508212763 ' ' " <br /> TRUSTEE: �30I1 Baak & Trust Company Grand Island 8ranch <br /> 2008 N Webb Road, Grand Island, NE 68803 <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 hereby irrevocablY bargains, sells, transfers, grants, conveys and assigns to Trustee, his <br /> successors and assigns,in trust,for Union �ank & Trust Grand Island Branch 2008 N Webb Rd FO Box <br /> 5166, Graad Island N8 68802 <br /> ("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,titte 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 ail present and future improvements and fixtures;all tangible personai 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 previously ot subsequsntly transfarrad to the real�raperty from s�ther resi property or now or hereafter susceptible of transfer from this real <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 real property(cumulatively"Property");to have and to hold the Property and the rights hereby granted for the use <br /> and benefit of Trustee,hi:�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 Oeed 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 flnd the followin romisso notes and other a reements <br /> INT AE T PRNN PAL14M tli�iT;: F'i#M1p�1 >MATt�RITIt k! T MER. : 4 Nl : <br /> <: f��E ': CREl�tF:i.IN14T '< AQREfN1E14T OtAT£.. ... <br /> Di4TE.:. ;NUI�BER ..:: ' Nkl�@ER s <br /> FIXI3D $20,245.00 10/12/99 10/20/04 86055 kh 363810 <br /> i <br /> , I <br /> (b) all other present ar 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 inciuding sums advanced to protect the security of <br /> this Deed of Trust,exceed$4 0,4 9 0.0 0 ;and <br /> (e)ail amendments,e:densions,renewals,modifications,repiacements 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�tle to:he Property and shail maintain the Properry free of all liens,security interests,encumbrances and <br /> claims except tor this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by <br /> refere�ce,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 "Hazardo�s Materials," as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federal <br /> government nor the s:ate 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 substanco" 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 definad as a"hazardous substance"pursuant to Section 101 of the Comprehensive Environmental Response, Compensation 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 sha"I not lease or permit the subtease of the Property to a tenant or subtenant whose operations may result in contamination of <br /> the Property 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 promulga�ed 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 certificates of occupancy(including but not limited to zoning variances,special exceptions for nonconformfng uses, <br /> and final inapection approvalsl.whether temoerarv nr�p�r„s�o.,. �utiinl�e.e...a�.,.t..i��.�_..____�___ _ ... _ <br />