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<br /> �'� NEBRASKA 66200107966720001 �
<br /> �
<br /> DEED OF TRUST 00358//CRHii z
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<br /> ea��aw�� c�w�tnrrv� G
<br /> APRIL CIIPPLBS KEVIN J. JORGENBON, STACIS A. JORGENSON, HUS�t�1VY/ L�I� WIFE
<br /> AND APRIL A. CUPPLES, A SINGLE PERSON
<br /> KEVIN JORGSNSON
<br /> '>s k[)DRESS " '' i ' Ii4DQRESB
<br /> 1321 CHSRRY ST N
<br /> GRAND ISLAND, NB 688012654
<br /> _ _ __ __ _ _ _ ____ _ __ ___ __._ _ _ _ __
<br /> �PHilME i�IID. IDEN#1FIGATKiN N0. 'TEE.EPHDNE::NO, 1DEN'fIFICATKN!I NO.
<br /> __ 506-84-3997 > _ _ _ _ _ _ _
<br /> TRUSTEE: II.B. BANK NATIONAL ASSOCIATION
<br /> PARGO, ND 56103
<br /> n consi eration of t e loan or ot er cr it accorrunodation hereina er spea ed and any future a ances or uture biigations,as efined herein,which
<br /> may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, seils, 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.s. BANR NATIONAL ASSOCIATION ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of Trust,under and subjeci 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 Trusl 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 useci in connection with the real
<br /> property,whether or not affixed to the land; privileges, hereditamenis, 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 /> PRIF�CER71L AMOfJNT! > �� M1#TURETY �OAN
<br /> CN�RIT�.fI�T I�GRF»�M�MT Di1'f� i3111'� N�tMB�R ;:
<br /> 13,980.00 10/29/99 10/29/09 66200107966720001
<br /> (b)all other present or uture,wntten agreements wtt n r t at re er speci i y to t is ee 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 coniemporaneously with ihe execution of this Deed of Trust,made or
<br /> extended on behalf of Grantor or Borrower. Grantor agrees that if one of ihe 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 lhat from time to time(but before termination of ihe line)no balance may be
<br /> outstanding. At no time during the term of this Deed of Trusl 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 amount: $ ,3,9ao_o0
<br /> This provision shall not constitute an obligation upon or corrxrr�tment 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 Granior 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 respecis 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 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 shall noi 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 /> govemmental authority including,but not limfted to,(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 pursuanl 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 Conseroation and Recovery Act or any amendments or replacements to that statute; and (vi) ihose
<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 sirrilar state or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contamination of the Property with Hazardous Materials or to�tic substances; �
<br />
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