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<br /> �' 99 1i00J '7
<br /> NEBRASKA 66200107724590001
<br /> DEED OF TRUST 00358//CRH11 ��S
<br /> \�
<br /> BORRQVIIER � GRANTQR
<br /> MAXON LSTH KENT E LETH, CONNIE E LSTH, SEE ATTACHMENT A
<br /> ADDRES9 '' ADQRESS
<br /> RR 1
<br /> NORTH LOIIP, NB 688599801
<br /> :i
<br /> ?EI.�.PHOME M0. IDFNTIFfGA710N NO. 7ELEPNOHE H4. 1DENT�ICA7K)N N0.
<br /> 508-44-6587 —1
<br /> THUSTEE: II.S. BANK NATIONAL ASSOCIATION i
<br /> FARGO, ND 58103
<br /> In consideration of the loan or oiher credit accommodation hereinafter specifie and any future advances or future ligations,as e�ined erein,which
<br /> may hereinafler be advanced or incurred and the irust 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 Q,s. HANK NATIONAL ASSOCIATION ND
<br /> ("Lender"), the
<br /> beneficiary under lhis 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 interest in and lo 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 io the land; privileges, herediiaments, 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;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 the 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 /> PRINGIPAL AMOUNT/ ' ' �� MATURITY ! LOqN' – —
<br /> Gi#�RI7.LIAIt1T AiQRF.�M�NTDA'f8; DAT� _' > Ni1MB�R
<br /> 18,725.00 10/15/99 � 10/15/19 66200107724590001
<br /> (b)all other present or uture,written agreemenls wit en er t at re er speci ica y to t is ee o rust w et 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 the same extent as if made contemporaneously with the execution of this Deed of Trust,made or
<br /> extended on behalf of Grantor or Borrower. Grantor agrees that if one of 1he Obligations is a line of credit,the lien of ihis Deed of Trust shall continue
<br /> until payment in full of all debt due under the line notwithstanding the fact that from time to iime(but before termination of the line)no balance may be
<br /> outstanding. At no lime 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 Trusl,exceed the following amount: $�a���s_o0
<br /> This provision shall noi constituie 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 ierms 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 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 govemmental 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 besl of the Granior'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 conneciion with ihe 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 term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any
<br /> governmental authority including,but not limited lo,(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 Act or listed pursuant to Section 307 of the
<br /> Clean Water Act or any amendments or replacements to these staiutes; (v)those substances, materials or wastes defined as a"hazardous waste"
<br /> pursuant io Seciion 1004 of the Resource Conservation and Recovery Act or any amendmenis or replacements to that statute; and (vi) those
<br /> subsiances, materials or wastes defined as a "hazardous substance" pursuant to Seclion 101 of the Comprehensive Environmental Response,
<br /> Compensation and Liabilily Act, or any amendments or replacemenls to thai statute or any other similar state or federal statuie, rule, regulation or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or permit ihe 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;
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