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eOITtl L CALLI1Wi CSOPO% S. CALLIX . EMIT% L. CALLINAN, NYeBANp Arm MI%% <br />Recording Requested by & <br />When Recorded Return To: <br />ADORERS' <br />2925 Country Drive Ste 201 <br />a33 MI=T% aim <br />cwam Ialeau. an seea3asso St. Pail, MN 55'1 <br />Titi .,is .AN. NATSONAL A95OCSATIOl1 Na <br />4325 17TH AVENae awl eased, we 56303 <br />In consideratian of the loan or other credit accommodation hereinafter specified and any future - advances Or future Ohligatiabs, as defined <br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and Other goad and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, Grantor hereby Irrevocably warrants, bargains, sells, transfers, grants, conveys and <br />assigns to Trustee, he successors and ..Egos, IN TRUST WITH POWER OF SALE for the benefit and security of (Lender "), [M1e <br />a.s._ E. HAiia <br />beneficiary an der this Deadrof Treat, Under and subject to the terms and Conditions herein set hi .,in light of entry and pte Session 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 />innlud'mg without limitation all machinery, equipment building materials, and goods of every nature Excluding consumer goodel Paw or <br />hereafter located on O r used in connection with the real property, whether or not affixed to the lend; privileges, hereditaments, and <br />appur[enancea inclumng all development rights associated with the Property, whether previously or subsequently transferred to the Property <br />from other real pro party Or now or hereafter susceptible of transfer from this Property to other real property; leases, licenses and other <br />agreements; rents', Issues and profits; wate4 well, ditch, reservoir end mineral rights and stocks pertaining to the real property (cumulatively <br />"Property "l; to have and to hold the Property and 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 shall secure the payment and performance of all present and future Indebtedness, liabilities, obligations <br />and covenants of Burrower or Grantor (cumulatively "Obligations ") to Lender pursuant to <br />lal this Deed of Trust and the following promissory notes and other agreements- <br />35,000.00 12/12/01 12/12/31 00003000020290 <br />Th) all other present or future, written agreements with Lender that refer sp..,tiP.11, to this Deed of Trust (whether exeaatsd far the a.m. <br />or different purposes than the foregaingr <br />(r,) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust; <br />Idl future advances, whether Obligatory or optional, to the same extent as if made contemporaneously with the execution of this Dead of <br />Trust, made or extended on 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 had continue until payment In full of all debt due under the line notwithstanding 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 Dead of Trust or any extension thereof shall the <br />unpaid and outstanding secured principal future advances, not including sums advanced by Lender to protect the security of this Deed of <br />Trust, ¢ x Bed the fellOWing amacmi $ 35 a..00 _ This p osition shall not constitute an obligation UPon of commitment of Lender <br />to make additional advances or loans to Grantor; and <br />(a) 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 tee simple marketable title to the Property and shall maintain the Property free of all liens, security interests, encumbrances <br />and claims axcep[ for this Deed of Trust and those described in Schedule B. which is attes lieu to this Deed of Trust and incorpol'also herein <br />by reference, which Grantor agrees to pay and perfunn In a timely manner; <br />To) 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 environmental matters (the "Environmental Laws "), and neither the <br />federal government nor any other governmental Or quasi governmental entity has filed a lien on the Property, nor are there any <br />governmental, judicial or administrative actions with respect to environmental matters pending, or to the bast of The Grantors knowledge, <br />threatened, which Involve the Property. Neither Grantor nor, to the best of Grantor's knowledge. any other party has used, generated, <br />releasnd, discharged, 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 <br />"Hazardous Materials" shall mean any substance, material, or waste which is of becomes regulated by any governmental authority <br />including, but not limited to, lit petroleum; (ill friable Or certifiable asbestos; )iii) polychlorinated biphenyl.; rvl those substances, materials <br />or wastes designated as a "hazardous substance" pursuant To Section 311 of the Clean Water Actor listed pursuare m 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 />Pill those 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 statute, 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 subtenant who.. Operations may result in contamination at the Properly with Hazardous Materials or toxic substances; <br />NmU 1 11 ") nev. rse vans t or a <br />N <br />x <br />R <br />G <br />a <br />N Lti <br />r v <br />N� <br />W to <br />N <br />O.a <br />NEBRASKA <br />00003000020290 <br />DEED OF TRUST <br />00463//C1jlB32 <br />eOITtl L CALLI1Wi CSOPO% S. CALLIX . EMIT% L. CALLINAN, NYeBANp Arm MI%% <br />Recording Requested by & <br />When Recorded Return To: <br />ADORERS' <br />2925 Country Drive Ste 201 <br />a33 MI=T% aim <br />cwam Ialeau. an seea3asso St. Pail, MN 55'1 <br />Titi .,is .AN. NATSONAL A95OCSATIOl1 Na <br />4325 17TH AVENae awl eased, we 56303 <br />In consideratian of the loan or other credit accommodation hereinafter specified and any future - advances Or future Ohligatiabs, as defined <br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and Other goad and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, Grantor hereby Irrevocably warrants, bargains, sells, transfers, grants, conveys and <br />assigns to Trustee, he successors and ..Egos, IN TRUST WITH POWER OF SALE for the benefit and security of (Lender "), [M1e <br />a.s._ E. HAiia <br />beneficiary an der this Deadrof Treat, Under and subject to the terms and Conditions herein set hi .,in light of entry and pte Session 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 />innlud'mg without limitation all machinery, equipment building materials, and goods of every nature Excluding consumer goodel Paw or <br />hereafter located on O r used in connection with the real property, whether or not affixed to the lend; privileges, hereditaments, and <br />appur[enancea inclumng all development rights associated with the Property, whether previously or subsequently transferred to the Property <br />from other real pro party Or now or hereafter susceptible of transfer from this Property to other real property; leases, licenses and other <br />agreements; rents', Issues and profits; wate4 well, ditch, reservoir end mineral rights and stocks pertaining to the real property (cumulatively <br />"Property "l; to have and to hold the Property and 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 shall secure the payment and performance of all present and future Indebtedness, liabilities, obligations <br />and covenants of Burrower or Grantor (cumulatively "Obligations ") to Lender pursuant to <br />lal this Deed of Trust and the following promissory notes and other agreements- <br />35,000.00 12/12/01 12/12/31 00003000020290 <br />Th) all other present or future, written agreements with Lender that refer sp..,tiP.11, to this Deed of Trust (whether exeaatsd far the a.m. <br />or different purposes than the foregaingr <br />(r,) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust; <br />Idl future advances, whether Obligatory or optional, to the same extent as if made contemporaneously with the execution of this Dead of <br />Trust, made or extended on 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 had continue until payment In full of all debt due under the line notwithstanding 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 Dead of Trust or any extension thereof shall the <br />unpaid and outstanding secured principal future advances, not including sums advanced by Lender to protect the security of this Deed of <br />Trust, ¢ x Bed the fellOWing amacmi $ 35 a..00 _ This p osition shall not constitute an obligation UPon of commitment of Lender <br />to make additional advances or loans to Grantor; and <br />(a) 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 tee simple marketable title to the Property and shall maintain the Property free of all liens, security interests, encumbrances <br />and claims axcep[ for this Deed of Trust and those described in Schedule B. which is attes lieu to this Deed of Trust and incorpol'also herein <br />by reference, which Grantor agrees to pay and perfunn In a timely manner; <br />To) 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 environmental matters (the "Environmental Laws "), and neither the <br />federal government nor any other governmental Or quasi governmental entity has filed a lien on the Property, nor are there any <br />governmental, judicial or administrative actions with respect to environmental matters pending, or to the bast of The Grantors knowledge, <br />threatened, which Involve the Property. Neither Grantor nor, to the best of Grantor's knowledge. any other party has used, generated, <br />releasnd, discharged, 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 <br />"Hazardous Materials" shall mean any substance, material, or waste which is of becomes regulated by any governmental authority <br />including, but not limited to, lit petroleum; (ill friable Or certifiable asbestos; )iii) polychlorinated biphenyl.; rvl those substances, materials <br />or wastes designated as a "hazardous substance" pursuant To Section 311 of the Clean Water Actor listed pursuare m 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 />Pill those 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 statute, 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 subtenant who.. Operations may result in contamination at the Properly with Hazardous Materials or toxic substances; <br />NmU 1 11 ") nev. rse vans t or a <br />