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<br /> � ��- 99 110052 �' N N Q
<br /> �rding Requested by 8�
<br /> when Recorded Return To: NEBRASKA 66200107572520001
<br /> us Recordings, Inc. DEED OF TRUST oo4ss//v�xos �S`•
<br /> 222 E Little Canada Rd Ste 125
<br /> St. Paul, Mn 55117 �?'°�`,�J.t L��,'� Q
<br /> RICHARD 8 JO@180N RICHARD 8 JOFINBON, A 8IN(iLS PSRB�i
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<br /> 511 lOTfi 9T E
<br /> GRAND IBLAND, NS 668013945
<br /> 7EEEI?NCFIE iIQ�. ��lTk�l:lli?. '�IlillE�k} , iDE1�f�ICK'[KK3N N0
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<br /> 508-07-4773
<br /> TRU37EE: II.B. Hl1ATR Nl1TI0Nl1L 11890CI71TION ,, /�j L
<br /> rAR40, ND 58103 LYfj S /'�C.i�C,�� �
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<br /> n consi ration o t e oan or ot er cr d acco tion ereina er spea an any ture a ances or ure igations,as e n erein,w ic
<br /> may hereinafter be advanced or incurred and the trust hereinafter merrtioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby adv�owledged, Grarrtor 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.e. BANK NATIOL�AL A680CIATION ND
<br /> ("Lender"), the
<br /> benefiaary under this eed o Trust,under and subject to the temis and conditions herein set forth,with right of ernry and possession all of Grantor's present
<br /> and future estate,right,title and interest in and to the real property descxibed 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 flxtures;all tangible personal property induding without limitation all machinery,
<br /> equipment, building mate�fals, and goods of every nature (exduding consumer goods) now or hereafter located on or used in connection with the real
<br /> property,whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development rights associated with the Property,
<br /> whether previously or subsequerrtly 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;rents,issues and profits;water,well,ditch,reservoir and mineral rigMs and stocks pertaining to the real
<br /> property(cumulatively"Property");to have and to hold the Property and the rigMs hereby granted for the use and benefit of Lender, his suxessors and
<br /> assigns,urrtil paymem in full of all Obligations secured hereby.
<br /> Moreover,in further consideration,Grarrtor does,for Grarnor and Grarrtor's heirs,represematives and assigns,hereby expressly warrant,covenant,and
<br /> agree with Lender and Trustee and their suocessors 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 Grarrtor(cumulatively"Obligations")to Lender pursuarri to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreemerns:
<br /> " 'pglt+t�l1�,�MWJiN�t ' �iQti�t `:; ; �� I�DAN :;
<br /> ;.:.�R�DIT�T . ��M�M��'ff ;�Tf ��R
<br /> 52,200.00 09/22/99 09/22/19 66200107572520001
<br /> (b)all other presern or ure,w en agreements wrt en r t at re er spea i y to t is ee o rust e er execu or e same or different
<br /> purposes than the forogoing);
<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) (uture advances,whether obligatory or optional,to the same extent as if made contemporaneously wfth the execution of this 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 tem�ination 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 arr�unt: $ sa 2nn_nn
<br /> This provision shall not constitute an obligation upon or cormitmem 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 Grarrtor and Borrower shall indude and also mean any Grantor or Borrower if more than one.
<br /> 2 REPRESENTAT10N3,WARRANTIES AND COVENANTS. GraMor represerns,warrams 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 claims
<br /> excepl 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 /> Grarnor 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 govemment nor any
<br /> other govemmental or quasi govemmental entfty has filed a lien on the Property,nor are there any govemmental,judicial or administrative actions with
<br /> respect to environmental matters pending,or to the best of the Grarrtor's Imowledge,threatened,which involve the Property. Neither Grantor nor,to the
<br /> best of Grarnor'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. GraMor shall not commit 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 /> govemmernal authority induding,but.not limited io,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wastes designated as a"hazardous substance"pursuant to Section 311 of the Clean Water Acl or listed pursuant to Section 307 of the
<br /> Clean Water Act or any amendments or replacemerrts to these statutes;(v)those substances, materials or wastes defined as a"hazardous waste"
<br /> pursuarn to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to thal statute; and (vi) those
<br /> substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of ihe Comprehensive Environmental Response,
<br /> Compensation and Liabiliry 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. Grarrtor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in corrtamination of the Property with Hazardous Materials or toxic substances;
<br />� �
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