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<br /> Grand Ialand Brarich �_� '� � r �- �—" C
<br /> � 2008 N Webb Rd PO Box 5166 `" h' N � � �
<br /> Grand Island, NS 68802 ,��, � � ,,,.�,
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<br /> DEED OF TRUST 9 9 1114 7 2
<br /> :����►�� .
<br /> John � Griffith � John S� Griffith, huaband�� wife�� �
<br /> Patricia A Griffith Patricia A Qriffith, huaband and wife �
<br /> ,:: '',�q�t�R�SS __ _ __: _
<br /> ;: �p#lHI�Sx: ....... _.:,< ;
<br /> PMB 147 1911 Foothill Blvd ��`147 `�911 f�ootlitlY ��l"vd
<br /> ;:.
<br /> La Verne,_ CA .91750, La Verne, CA 91750
<br /> _r�;�»+s� .:; . ' �v���r�c�r�a: . .. :; ir��axnr��a. _ ,_ �er�ns��ta..;
<br /> (909) 596-9869 507308742 (909) 5�96-9869 507308742
<br /> TRUSTEE: IInion Bank & Trust Company Grand Island Branch
<br /> 2008 N Webb Road, Grand Island, NE 68803
<br /> In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations,as defined herein,
<br /> which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and
<br /> sufficiency of which are hereby acknowledged Grantor hereby irrevocablY baresins, sells, transfers, grants, conveys and assi�gns to Trustee, his
<br /> successors and assigns,in trust,for IInion �ank & Trust Grand Ialand Branch, 2008 N Webb Rd SO Sox
<br /> 5166, Grand Island, NE 68802 ("Lender"), the
<br /> beneficiary under this Deed of Trust,with power of sale and right of entry and possession all of Grantor's present and future estate, right,title and
<br /> interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference,together
<br /> with all present and future improvements and fixtures;all tangible personal property,including,without limitation,ali machinery,equipment,building
<br /> materials,and gooCs of every nature (excluding household goods)now or hereafter located on or used in connection with the real property,whether
<br /> or not affixed to the land; alt privileges, hereditaments, and appurtenances, including all development rights associated wlth the real property,
<br /> whether previously or subsequently transferred to the real property from other real property or now or hereafter susceptlble of transfer from this real
<br /> property to other real property; all leases, licenses and other agreements; all rents, issues and profits; all water,well, ditch, reservoir and mineral
<br /> rights and stocks pertaining to the real property(cumulatively"Propert�');to have and to hold the Property and the rights hereby granted for the use
<br /> and benefit of Trustee,his successors and assigns,until payment in full of all ObUgations secured hereby.
<br /> Moreover, in fur;her consideration, Grantor does, for Grantor and Grantor's heirs, representatives, sucxessors, and assigns, hereby expressly
<br /> warrant,covenant,and agree with Lender and Trustee and their successors and assigns as follows:
<br /> 1. OBLIGATIONS. This�eed 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 rust and the followin romisso notes and other a reements
<br /> 1 ...R�T N P. IJ#Tj �MDiN ,;: 1� L .:.:
<br /> > ']RATE '' �REEIITLINIIT:. > .:�►flRfEM£HT.EYATE 7 . .;Di►TE . ,,.>NWli1B'ER: `. NLlMB�i
<br /> FIXED $75,406.75 12/O1/99 12/02/O1 87608 kh 372750
<br /> (b) all other present or future written agreements with Lender that refer specifically to this Deed of Trust (whethar executed for the same or
<br /> different purpo�es than the Mregoing);
<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 advar.ces,whether obligatory or optionai,to the same extent as if made contemporaneously with the execution of this Deed of Trust,
<br /> made or extended to or 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
<br /> Trust shall continue untii payment in fuli of all debt due under the line notwithstanding the fact that from time to time (but before termination of
<br /> the line) no balance may be outstanding. At no time shail the lien of this Deed of Trust,not inciuding sums advanced to protect the security of
<br /> this Deed of Tru:�t,exceed$15 0,813.5 0 ;and
<br /> (e)all amendments,extensions,renewals,modifications,replacements or substitutions to any of the foregoing.
<br /> As used in this Parsgraph 1,the terms Grantor and Borrower shali 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
<br /> claims except tor this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by
<br /> reference,which Grantor agrees to pay and perform in a timely manner;
<br /> (b) Grantor is ir: compliance in ali respects with all applicable federal, state and local laws and reguiations, including,without limitation,those
<br /> relating to "Hazardous Materials," as defined hersin, and ather environmental matters (the "Environmental Laws"), and neither the federal
<br /> government nor the s:ate where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Properry,
<br /> nor are there an,r governmental,judicial or administrative actions with respect to environmental matters pending,or to the best of the Grantor's
<br /> knowledge,threatened,which involve the Property. Neither Grantor nor,to the best of Grantor's knowledge,any other party has used,generated,
<br /> released, disch�rged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any
<br /> Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous
<br /> Materials"shall mean any substance, material,or waste a�hich is or becomes regulated by any governmental suthority including, but not limited
<br /> to: (i) petroleurr.; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a
<br /> "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any
<br /> amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a"hazardous waste"pursuant to Section
<br /> 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute;and (vi)those substances,materials or
<br /> wastes defined as a"hazardous substance"pursuant to Section 101 of the Comprehensive Environmental Response,Compensation and Liability
<br /> Act,or any amerdments or replacements to that statute or any other similar state or federal statute,rule,regulation or ordinance now or hereafter
<br /> in effect. Grantc r sha!I not�ease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of
<br /> the Property with Hazardous Materials or toxic substances;
<br /> (c) All applicabl3 laws and regulations, includirg,without limitation,the Americans with Disabilities Act,42 U.S.C.Section 12101 et seq. (and all
<br /> regulations prorwlgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal,state or
<br /> municipal suthority with jurisdiction over the Property, presently are and shail be observed and complied with in all material respects, anC ali
<br /> rights,licenses, ;aermits,and certificates of occupancy(including but not limited to zoning variances,special exceptions for nonconforming uses,
<br /> and final inspection a�provals),whether temporary or permanent,which are material to the use and occupancy of the Property,presentiv are and
<br />
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