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<br /> ding Requested by & •
<br /> hen Recorded Retum To: NEBRASKA 66200107974310001
<br /> US Recordings, ir,c. DEED OF TRUST 00483//WDB04
<br /> 222 E Little Canada Rd Ste 125
<br /> St Paul, Mn 55117 �j`��n.�.� "'"�^ `," �� �S
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<br /> HOLLY ANDSR80�7 RANDAL L. ANDBR80N, HOLLY A. ANDBR80N, $QBHAND AND ViIFE
<br /> RANDY L ANDSR60D1
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<br /> 4153 nxizoxa avs
<br /> 6RAND I9LAND, NS 688031111
<br /> �1.E�IB�k ? IDF.M'FlFICA71f�M MC1. < T..EE.�NI�iE�O' �1'[�ICIl1kM�N0.
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<br /> 507-13-0674
<br /> TRUSTEE: II.6. HANR NATIONAL ABBOCIATIONi
<br /> F11R00, ND 58103 1��� I,'� ..� S•w•
<br /> n consi rat on o t e oan or ot er cr tt accommo tion ereinafter specifie an any future advances or uture igations,as e n erein,w i
<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 adviowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grams, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of II.6. HANR NATI�iAL A860CIATI�i ND
<br /> ("Lender"), the
<br /> beneficiary under this eed of rust,u�der and subject to the terms and conditions herein set forth,with rig of entry and possession all of Grantor's present
<br /> and future estate,rigM,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 this reference,together with all present and future improvemerrts 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 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 righis 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,uMil payment in full of all Obligations secured hereby.
<br /> Moreover,in further consideration,Grantor does,for Gramor and Grantor's heirs,representatives and assigns,hereby expressiy warrant,covenant,and
<br /> agree with Lender and Trustee and their successors and assigns as follows:
<br /> 1. OBUGATIONS. This Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obligations and
<br /> covenarns of Borrower or Grarnor(cumulatively"Obligations")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements:
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<br /> ` • �R�RI��;�EtT <; ;AGIR�#M�M�i7A7�.:'; ' t�AATf ;: ;I�fil�6�#�
<br /> 16,000.00 11/01/99 11/15/14 66200107974310001
<br /> (b)all other presen or ure,wntten agreements wtt en r t at re er spea ica 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 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 paymern 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 I
<br /> advances,not including sums advanced by Lender to protect the securfty of this Deed of Trust,exceed the following amount: $ ���noo_o0
<br /> This provision shall not constitute an obligation upon or corrmitment of Lender to make addhional advances or loans to Grarrtor;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 indude and also mean any Grantor or Borrower if more than one.
<br /> 2 REPRESENTAT10N3,WARRANTIES AND COVENANTS. Grantor represents,warrants and covenants to Lender that:
<br /> (a) Grantor has fee sfmple 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 wfth 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 govemmental or quasi govemmental eMiry has filed a lien on the Property,nor are there any govemmental,judiaal or administrative actions with
<br /> respect to ernironmeMal matters pending,or to the best of the Grarnor's knowledge,threatened,which involve the Property. Neither Grantor nor,to the
<br /> best of Grarrtor'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. GraMor shall not cortmit 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 authorky including,but not limited to,(i)petroleum;(ii)fiable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wastes designa4ed 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 Conaervation and Recovery Act or any amendments or replacements to that statute; and (vf) 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 replacemerrts to that statute or any other si�lar state or federal statute, rule, regulation or
<br /> ordinance nOw or hereafter in effect. Grantor shall not lease or pemrt the sublease of the Property to a tenant or subtenant whose operations may
<br /> resuR in coMamination of the Property with Hazardous Materials or toxic substances;
<br /> I
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