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<br /> 1�Vhen Recorded Return 'Io
<br /> C.I. Ti�le� It�e, NEBRASKA 66200105982920001 �
<br /> 203 Lit Canada IZci �
<br /> Ste 0 DEED OF TRUST oo4a5//v�roi -�
<br /> St� ';:���1. NiN �S' I%�
<br /> o� ovu� � o�!
<br /> AIADB E BSNTLSY 4fADS E. BENTLEY, DARCI A. H8NTL8Y, HIIBHAND AND PfIFS
<br /> DARCZ A SBNTLSY US Recordings� �I�C.
<br /> 222 E Little Can da Rd Ste 125
<br /> ; A[3bR�SS St. Pe3U�i IV�:C}.�''.!'� �'� JIDpRE&&
<br /> 508 HIGH ST 8
<br /> CAIRO, NB 688249734
<br /> _ .... _ _. _ __ _ __. _ _ _ __ _ _ _ _ __ _ _
<br /> ''F�#.EPkIQMEND. ;; Ifl�(GA7kiNNQ ;7ELEpFKit�N4.
<br /> :1DENTIFIGA7K�!1 N0. ' '.
<br /> __.
<br /> -,,. > _;. _.. >
<br /> 521-53-4535
<br /> TRUSTHE: II.B. HANK NATIONAL ABBOCIATION
<br /> FARGO, ND 58103 '1� i �
<br /> i /
<br /> n consi eration o t e loan or ot er cre it acco tion ereina er spea ied an any uture a ances or uture b igations,as de ine erein,w ich
<br /> may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuabie consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trusiee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of D,e, gANK NATIONAL A880CIATION ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of Trust,under and subject to the terms and conditions herein set forlh,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 Schodule A which is attached to this Deed of Trust and incorporated herein
<br /> by this reference, together with all present and future imExovements and fixtures;all tangibie personal property including without limitation all machinery,
<br /> equipment, building rr�terials, and goods of every nature (excluding consumer goods) now or hereafier located on or used in connection with the real
<br /> property,whelher 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 Properly 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 righis hereby granted for the use and benefit of Lender, his successors and
<br /> assigns,until payment in full of aii 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 ihe 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 ihe following promissory notes and other agreements:
<br /> PRI�1CfF�iAL AMP�NT/ 1J4'1'FJ M�TUR�1'Y . `<Ld�1h1 >
<br /> GA�RIT�.ENEtT AqRE�M�NT DATE DAl'� NUNCBER .
<br /> 12,250.00 06/04/99 06/15/12 66200105982920001
<br /> (b)all other present or uture,wniten agreements wit en er t at re er speci'fi ffy to t is ee o rust w e er execu or t 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 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 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 ihat from time to time(but before termination of the line)no balance may be
<br /> outstanding. At no time during ihe term of this Deed of Trust or any extension thereof shall lhe unpaid and ouistanding secured principal future
<br /> advances,not including sums advanced by Lender to protect ihe securiiy of this Deed of Trust,exceed the following amount: $ ,�,as n_no
<br /> This provision shall nol constitute an oUligation upon or commitment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modifications,replacements or subslitutions to any of the foregoing.
<br /> As used in ihis Paragraph 1,the lerms Grantor and Borrower shall include and also mean any Grantor or Borrower if more lhan one.
<br /> 2. REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represents,warranis 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 ariached 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 Materiais,"as defined herein, and other environmental malters(ihe "Environmental Laws"),and neither the federal government nor any
<br /> other govemmental or quasi governmentai entity has filed a lien on the Property,nor are there any governmental,judicial or administralive actions with
<br /> respect to environmental matters pending,or to ihe best of the Grantor'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 connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shaii 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 to,(i)petroleum;(ii)friable or nonfriable asbeslos;(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 amendmenis 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
<br /> substances, materials or wastes defined as a "hazardous substance" pursuant 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 now or hereafter in effect. Grantor shali not lease or perrmt the 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;
<br />
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