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(TRUSTEE: p.a. BA NATIONAL ASSOCIATION to <br />9315 17TB A. ax, SAMRQ, NB 58103 <br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined <br />herein, wh'mh may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged. Grantor hereby irrevocably we ... me, bargains, sells. transfers, grants, conveys and <br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of _. <br />rLender9, the <br />beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all of <br />Grantor's present and future estate, right, title and interest in and to the real property described in Schedule A which is attached to this Deed of <br />Trust and Incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property <br />including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or <br />hereafter located on or used in connection with the real property, whether or not affixed to the land; privileges, heredltaments, and <br />appurtenances including all development rights associated with the Property, whether previously or subsequently transferred . the Property <br />from other real property or now or hereafter susceptible of transfer from this Property to other reel properly; leases, other <br />agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively <br />"Pmparty'); to have and to hold the Property antl the rights hereby granted for the use and benefit of Lender, his successors and assigns, until <br />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, <br />covenant, and agree With Lender and Trustee and their successors and assigns as follows: <br />1. OBLIGATIONS. This Deed of Trust shell secure the payment and performance of all present and future indebtedness, liabilities, obligations <br />and covenants of Borrower or Grantor (cumulatively 'Obligations ") to Lender pursuant to: <br />Is) this Dead of Trust and the following promissory notes and other agreements: <br />'AMOONTi <br />,.. . �k3RSRf€3fNnPX - <br />A) 44 PS <br />AMATOB4XY `- <br />::- '.. <br />c n rn <br />12,000.00 <br />12/06/01 <br />12/05/06 <br />00000510021990 <br />I <br />1 <br />T fT <br />rt <br />a <br />r D <br />on <br />ro <br />t4 <br />f <br />U] N <br />N <br />NEBRASKA <br />00000510021990 <br />DEED OF TRUST <br />00485 / /GSS20 <br />,, —. * :2ORRGWFR' <br />.,., y ."' ::' t^ ':: <br />.,..x; GRAWTOFO <br />'.. _..:: <br />•.: <br />'. �q <br />tJ ' <br />ORVILLE N. P8B8R98N. <br />LLOlD6 . M P8n8R88N, IN99ANB ANa NIee <br />RVILLS N P8p80.REN <br />^ <br />Recording Rt quested by & <br />When Reco Ed Return To <br />.. .,. ...rv,.. .. <br />..: A0011 .U&`:; <br />2925 Cat ntry Drive Ste 201 <br />30 EIL8N 198 'n <br />C <br />St. Pelf, 551x17 <br />aRAMI III., 8 688019109 <br />-,-11 <br />(TRUSTEE: p.a. BA NATIONAL ASSOCIATION to <br />9315 17TB A. ax, SAMRQ, NB 58103 <br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined <br />herein, wh'mh may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged. Grantor hereby irrevocably we ... me, bargains, sells. transfers, grants, conveys and <br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of _. <br />rLender9, the <br />beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all of <br />Grantor's present and future estate, right, title and interest in and to the real property described in Schedule A which is attached to this Deed of <br />Trust and Incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property <br />including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or <br />hereafter located on or used in connection with the real property, whether or not affixed to the land; privileges, heredltaments, and <br />appurtenances including all development rights associated with the Property, whether previously or subsequently transferred . the Property <br />from other real property or now or hereafter susceptible of transfer from this Property to other reel properly; leases, other <br />agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively <br />"Pmparty'); to have and to hold the Property antl the rights hereby granted for the use and benefit of Lender, his successors and assigns, until <br />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, <br />covenant, and agree With Lender and Trustee and their successors and assigns as follows: <br />1. OBLIGATIONS. This Deed of Trust shell secure the payment and performance of all present and future indebtedness, liabilities, obligations <br />and covenants of Borrower or Grantor (cumulatively 'Obligations ") to Lender pursuant to: <br />Is) this Dead of Trust and the following promissory notes and other agreements: <br />'AMOONTi <br />,.. . �k3RSRf€3fNnPX - <br />NOTB!° e' <br />,AiNRBtrfP.NTiWE'f �a�',. <br />AMATOB4XY `- <br />::- '.. <br />.. WAN <br />' �iNGi39�R <br />12,000.00 <br />12/06/01 <br />12/05/06 <br />00000510021990 <br />(bl all other present or future, written agreements with Lender that refer specifically to this Dead of Trust (whether executed far the same <br />or different purpose. than the foregoing); <br />Icl any guaranty of obligations of other parties given to Lender now or hereafter executed that refers m 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 <br />Trust, made or extended an behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit, the lien of this <br />Deed of Trust shall continue until payment in full of all debt due under the line noaeitlestanding the fact that from time to time (but before <br />termination of the line) no balance may be outstanding. At no time during the term of this Deed of Trost or any extension thereof shall the <br />unpaid and outstanding secured principal future advances, not including sums advanced by Lander to protect the security of this Used of <br />Trust, exceed the following amount: 5 12 1oo 00 This provision shell not constitute an obligation upon or commitment of Lender <br />to make additional advances or loam to Grantor; and <br />(e) all amendments, etansiona, renewals, modifications, replacements or substitutions to say of the foregoing. <br />As used in this Paragraph 1, the forma Grantor and Borrower shall include and also mean any Granmr ar 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 <br />and claims except for this Deed of Treat and those described in Schedule B, which is attached to this Deed of Trust end incorporated herein <br />by reference, which 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, <br />those relating to "Hazardous Materials," as defined herein, and Other enyironmental matters Ithe "Environmental Laws'), antl neither the <br />federal government nor any other governments) or quasi governmental entity has filed a lien an the Property, nor are there any <br />governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Grantor's knowledge, <br />threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's knowledge, any ether party has used, generated, <br />released, discharged, stored, or disposed of any Hazardous Materiels 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 <br />"Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority <br />including, but not limited to, (i) petroleum; Ili) friable or nonfriable asbestos; (iii) polychlorinated biphenyls: Ind those substances, materials <br />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; Iv) those substances, materials or wastes defined as a "hazardous <br />waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and <br />(vi) these substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive <br />Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or <br />federal stature, rule, regulation or ordinance now or hereafter in effect Grantor shall not lease or permit the sublease of the Property to a <br />tenant or subtenser whose operations may result in contamination of the Properly with Hazardnus Materials or toxic substances; <br />NEOOI (lei nw. vea PaOe 1 al R <br />