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<br /> Recording Requested by&
<br /> When Recorded Return To: NEBRASKA 66200108127010001
<br /> US Recordings, ►nc. DEED OF TRUST oo4s5//v�xo�
<br /> 222 E Little Canada Rd Ste 125
<br /> St Paul Mn 55117 �, �_
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<br /> GARY L SCHDMACHER fiARY L. 8CH[JMACHSR, BRSNDA F. BCAOMACHBR, HIIBBAND AND iPIFB
<br /> BRSNDA F BCHDMACH6R
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<br /> 4059 CANNON RD
<br /> RRAND IBLAND, NE 686031514
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<br /> '�.EpI�D1�fIC! s , <: IGEN!lFTG�lTkiN;M�� ;: ;; 7�ICiliE.�. �A't'Kk1N0
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<br /> TRUSTEE: II.B. BANK NATIONAL ABBOCIATION .
<br /> PAR60, ND 58103 /J 2'J +`�`� _ s �•
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<br /> n consi eration o t e oan or ot er cr it accorrxno tion ereina er spea e an any uture a ances or uture igations,as e ine erein,whic
<br /> may hereinafter be advanced or incurred and the trust hereinafler mentioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowiedged, Grantor hereby irrevocably warrants, bargains, sells, 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 A880CIATI�I ND
<br /> ("Lender"), the
<br /> benefiaary under this Deed of Trust,under and subject 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 Trust and incorporated herein
<br /> by this reference,together with all presern 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 used in connection with the real
<br /> property,whether or not affixed to the land; privileges, hereditaments, and appurtenances induding ali development rights associated wfth 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 paymerrt 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 wiih Lender and Trustee and their successors and assigns as follows:
<br /> 1. OBUGATIONS. This Deed of Trust shall secure the payment and perforrnance 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:
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<br /> ; .:.�R�RIT�T'.. > ,'.A�Es&M�M�#�A7'f.. .: �kT� . 1!�IfB�R '.;
<br /> 18,000.00 11/17/99 11/16/03 66200108127010001
<br /> (b)all other present or uture,wntten agreements wrt en r t at re er spea y to t is ee o rust e er execu or e same or dlfferent
<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 Oeed 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 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
<br /> advances,not including sums advanced by Lender to protect the security of this Deed of Trust,exceed the following amount: $ ,a,oon_nn
<br /> This provision shall not constitute an obligation upon or commitment of Lender to rnake additional advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modifications,replacemerns 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 REPRESENTATIONS,WARRANTIES AND COVENANTS. Grarnor 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 /> Granlor 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 environmental matters(the "Environmental Laws"),and neither the federai govemment nor any
<br /> other govemmental or quasi govemmental entity has filed a lien on the Property,nor are there any govemmental,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 ihe Property or transported any Hazardous Materials to or from the Property. Grantor shall not corrxnit 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 limited to,(i)petroleum;(ii)friable or nonfiable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wastes designated as a"hazardous substance"pursuant to Seclion 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 now or hereafter in effect. Grantor shall not lease or pemrt the sublease of the Property to a tenarrt or subtenam whose operations may
<br /> resuft in contaMnation of the Property with Hazardous Materials or toxic substances;
<br />
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