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<br /> I�cording Requested by &
<br /> when Recorded Return To: NEBRASKA 66200101503751998
<br /> US Recordings, Inc.
<br /> 222 E Little Canada Rd Ste 125 DEED OF TRUST oo4s5//v�xo�
<br /> St. Paul, A<n 55117 ��r�,����� �
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<br /> MICHA$L C HRICKBON ffiICHASL C. BRICK90N, LORI H. SRICKBON, HUBBAND AND 9VIFE
<br /> LORI 8 HRICKBON
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<br /> 1619 COVffidTRY LN
<br /> CiRAND IBLAND, NS 688017025
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<br /> 513-42-1365
<br /> TRUSTEE: II.B. BANR NATIONAL ASSOCIATIO�i "�`,�`
<br /> FAR(30, ND 58103 C /�'T�'�-�� � pj _ �
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<br /> n consi ration o t e oan or ot er cre it accommo tion erema er spea e an any ure a ances or uture igations,as e ne erem,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 acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, granis, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of II.B. gANK NATZODIAL A880CIATIOqV ND
<br /> ("Lender"), the
<br /> beneficaary under this Deed of Trust,under and sub�ect 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 to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein
<br /> by ihis reference,together with all present and future improvements and fixtures;all tangible personal property induding 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 the land; privileges, hereditaments, 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 proftts;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 Granior'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 paymerrt and performance of all present and future indebtedness, liabilities, obligations and
<br /> covenants of Borrower or Granlor(cumulatively"Obligations")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements:
<br /> �'qlh .i�"�,A#�::��U1��� < �1dt#� ��; I:DAN;:
<br /> CR�RI�k�T. '
<br /> �aIR�&M�MF�kA'ff ; ;�tA7C . .'>. ,:N4�6[B�Ei <
<br /> 15,000.00 09/22/99 09/22/29 66200101503751998
<br /> (b)all other present or ure,wrrtten agreements wit en r t at re er speci ica y to t is o rust e 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 optional,to the same extent as if made conternporaneously with the execution of this Deed of Trust,made or
<br /> extended on behalf of Grantor or Botrower. 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 amourrt: $ ,� o0o no
<br /> This provision shall not constitute an obligation upon ar commitment of Lender to make addiiional advances or loans to Grantor;and
<br /> (e)all amendmerrts,extensions,renewals,rradifications,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 rnarketable 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 pertorm in a timely manner;
<br /> (b) Grantor is in corr�pliance in all respects with all applicable federal,state and local laws and regulations,induding,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 governmental or quasi govemmerital entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions whh
<br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,ihreatened,which involve the Property. Neither Grantor nor,to the
<br /> best of Grantor's Imowledge, 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 corrmt or permit such actions
<br /> to be taken in ihe future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated b an
<br /> Y Y
<br /> govemmental authority induding,but not limited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wastes designated as a"hazardous substance" pursuaM 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 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 I
<br /> substances, materials or wastes defined as a "hazardous substance" pursuarn to Section 101 of the Comprehensive Environmental Response,
<br /> Compensation and Liability 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. Grantor shall not lease or pemrt the sublease of the Property to a tenant or subtenant whose operations may
<br /> resuft in contamination of the Property wfth Hazardous Materials or toxic substances;
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