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<br /> When Recorded Return To:
<br /> US Recordings, inc. NEBRASKA 66200107672930998
<br /> 222 E Little Canada Rd Ste 125 DEED OF TRUST 00485//VJN01
<br /> St. Paul, Mn 55117 ��
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<br /> THOIdAB F. MOLACEK T80MA8 F. MOLACBK, JR., KRI8T6 L. MOLACEK, HIIBBAND AND yPZgg
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<br /> 241Z WOODRIDaB PL
<br /> GRAND IBLAND, NE 688020700
<br /> '7E�pFlilFlE:�i. , KfFJ�'t1fJG�1"CkiNNi�: ;: T�kI�IE�;; ,.:
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<br /> ; 1d�N'I'�ICA'fKyti NG
<br /> 507-62-0716
<br /> TRUSTEE: II.B. HANR NATIOb1AL ASBOCIATIpd�I N�l�3�� I���,��/�Q `�'
<br /> FARf30, ND 58103
<br /> n consi ration o t e oan or ot er cr rt accommo tion ereina er speq e an any ture a ances or uture igations,as e ine erein,w ic
<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, sells, transfers, grants, conveys and assigns to Trustee, his suxessors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of II.s. gANK NATIONAL A880CIATION ND
<br /> beneficiary under this Deed of Trust,under and subject to the terms and conditions herein set forth,with ri ht of ent and ("Lender"), the
<br /> and firiure esiate,right,title and interest in and to the real property described in Schedule A which is attached to th s Deed of Tru t and incorpo ated here nt
<br /> by this reference,together with all present and future improvements and fixtures;all tangible personal property including without limitation all machinery,
<br /> equiprr�ent, building materials, and goods of every nature (exduding consumer goods) now or hereaher 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 profhs;water,well,ditch,reservoir and mineral rights and stocks p�ining 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, �s 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 /> < ppl��At,Al��DUN��: ' t�'!r'�t ,<: lk4A't��t#� I.�i1kN
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<br /> 37,050.00 10/01/99 10/01/29 66200107672930998
<br /> (b)all other present or uture,wntten agreements wh en r t at re er speci i y to t is ee o rust w 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 odigatory 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 paymern in full of all debt due under the line notwhhstanding 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 eutension 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 arnount: $ a� nso_no
<br /> This provision shall not constitute an obligation upon or cormrtment of Lender to make addhional 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 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 environmerrtal matters (the "Environmental Laws"),and neither the federai govemment nor any
<br /> other govemmental or quasi governmental entity has filed a lien on the Property,nor are there any govemmental,judicial or administrative actions with
<br /> respect to environmernal matters pending,or to the best of the Grantor's knowledge,threatened,which involve the Property. Neither Grantor nor,to ihe
<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 not cormnit 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,lwt 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"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 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 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 /> result in contamination of the Property with Hazardous Materials or toxic substances;
<br /> NEDOT Rev.12197
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