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N CAVNASNS L <br />N LI9A L C T.I., N. ape NIP. <br />Reco//L i g RNq. Y esed gy XB, V <br />� <br />When R corded Return To: p <br />292 <br />Country Drive <br />lea aRseranwo XLve St, BUI, MN 55117 <br />epaHO IALAH➢. 6 688017251 ./ <br />(1 , <br />THU6TEE: p_9. BARN HATSONAL ASSOCIATION rat <br />25 17TH Avalon By, XAROO. HO 583a3 <br />In consideration of the loan Or other credit accontmodonce hereinafter specified end any future ativancae br future Lgatlons, as defined <br />herein, which may hereinafter be advanced or Incurred and the treat hereinafter mentioned and other good 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, his ........a and assigns. IN TRUST WITH POWER OF SALE for the benefit and security ei (•Lentler "1, the <br />U S. BASS mz_ ASSOCIa"10- an <br />beneficiary undo, this Deed of Trust, under and subject to the terms and conditions herein sat torch, 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 Dead 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 lexcluding consumer goods) now or <br />hereafter located on or dead in connection with the real property, whether In not affixed to the land; privileges, hereditament$, and <br />appurtenances including all development rights associated with the Property, whether previously or subsequently transferred to the Property <br />from other real property or now or hereafter susceptible of transfer from this Property to other real property; leases, licenses and Offer <br />agreements; rents, Issues and profits; water, well, ditch, reservoir and appeal rights and end stocks pertaining to the real property (cuulatively <br />'Property "); to have and to hold the Property and the rights hereby granted for the use and cement of Lender, his successors and assigns, until <br />payment in full of all Obligations secured hereby, representatives and assigns, hereby expressly warrant, <br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, re p <br />ant, 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 .1I present and future indebtedness, liabilities, obligations <br />and covenants of Borrower ar Grantor (cumulatively "Obligations ") to Lender pursuant to: <br />In) this Dead of Trust and the following Promissory notes and other agreements <br />55,225.00 1 01/15/02 1 01/09/22100000510031583 <br />up all other present Or future, written agreements with Lender that refer specifically to this Dead of Trust Iwbethu executed for the .ante <br />or different purpose. than the foregoing); <br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that rotors to this Dead of True%; <br />(all 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 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 shall 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 Deed 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, exceed the following amount: if " ` zs. pa _ This provision shall not constitute an obligation upon Or commitment of Lender <br />to make additional advances or loans to Grantor, 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 include and also mean any Grantor or Borrower if more than one. <br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lander 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 Trust and those described in Schedule B, which Is attached to this Deed of Trust and incorporated herein <br />by reference, which Grantor agrees to pay and perform in a timely manner; <br />ILI 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, not are there any <br />governmental, judicial or administrative actions with respect to environmental matters pending, or to the bast of the Grantor's knowledge, <br />nt <br />threatened, which involve the Property. Neither Grantor nor, to the best of Graor's knowledge, any other party has used, generated, <br />released, 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 or becomes regulated by any governmental authority <br />Including, but not limited to, lit petroleum; (ii) Friable or noribiable asbestos; (iii) polychlorinated blphenyls; (iv) those substances, materials <br />or wasdesignated oases designa 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 of 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 />Ivh those substances, materials of wastes tlefined 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 Of any other similar state Or <br />federal statute, rule, regulation or ordinance now or hereafter in effect. Grantor shell not lease or permit the sublease of the Property to a <br />tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances; <br />vise tar. <br />N[ooT mvl HC.. vas <br />7CCy D <br />A <br />S1,I.\ <br />t*1 <br />P <br />CD <br />� T <br />3S <br />1s <br />p <br />t•' Y <br />CA'. <br />N <br />p <br />Cpty . <br />i <br />NEBRASKA <br />00000510031583 <br />DEED OF TRUST <br />00485//CSa20 <br />N CAVNASNS L <br />N LI9A L C T.I., N. ape NIP. <br />Reco//L i g RNq. Y esed gy XB, V <br />� <br />When R corded Return To: p <br />292 <br />Country Drive <br />lea aRseranwo XLve St, BUI, MN 55117 <br />epaHO IALAH➢. 6 688017251 ./ <br />(1 , <br />THU6TEE: p_9. BARN HATSONAL ASSOCIATION rat <br />25 17TH Avalon By, XAROO. HO 583a3 <br />In consideration of the loan Or other credit accontmodonce hereinafter specified end any future ativancae br future Lgatlons, as defined <br />herein, which may hereinafter be advanced or Incurred and the treat hereinafter mentioned and other good 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, his ........a and assigns. IN TRUST WITH POWER OF SALE for the benefit and security ei (•Lentler "1, the <br />U S. BASS mz_ ASSOCIa"10- an <br />beneficiary undo, this Deed of Trust, under and subject to the terms and conditions herein sat torch, 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 Dead 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 lexcluding consumer goods) now or <br />hereafter located on or dead in connection with the real property, whether In not affixed to the land; privileges, hereditament$, and <br />appurtenances including all development rights associated with the Property, whether previously or subsequently transferred to the Property <br />from other real property or now or hereafter susceptible of transfer from this Property to other real property; leases, licenses and Offer <br />agreements; rents, Issues and profits; water, well, ditch, reservoir and appeal rights and end stocks pertaining to the real property (cuulatively <br />'Property "); to have and to hold the Property and the rights hereby granted for the use and cement of Lender, his successors and assigns, until <br />payment in full of all Obligations secured hereby, representatives and assigns, hereby expressly warrant, <br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, re p <br />ant, 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 .1I present and future indebtedness, liabilities, obligations <br />and covenants of Borrower ar Grantor (cumulatively "Obligations ") to Lender pursuant to: <br />In) this Dead of Trust and the following Promissory notes and other agreements <br />55,225.00 1 01/15/02 1 01/09/22100000510031583 <br />up all other present Or future, written agreements with Lender that refer specifically to this Dead of Trust Iwbethu executed for the .ante <br />or different purpose. than the foregoing); <br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that rotors to this Dead of True%; <br />(all 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 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 shall 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 Deed 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, exceed the following amount: if " ` zs. pa _ This provision shall not constitute an obligation upon Or commitment of Lender <br />to make additional advances or loans to Grantor, 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 include and also mean any Grantor or Borrower if more than one. <br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lander 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 Trust and those described in Schedule B, which Is attached to this Deed of Trust and incorporated herein <br />by reference, which Grantor agrees to pay and perform in a timely manner; <br />ILI 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, not are there any <br />governmental, judicial or administrative actions with respect to environmental matters pending, or to the bast of the Grantor's knowledge, <br />nt <br />threatened, which involve the Property. Neither Grantor nor, to the best of Graor's knowledge, any other party has used, generated, <br />released, 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 or becomes regulated by any governmental authority <br />Including, but not limited to, lit petroleum; (ii) Friable or noribiable asbestos; (iii) polychlorinated blphenyls; (iv) those substances, materials <br />or wasdesignated oases designa 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 of 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 />Ivh those substances, materials of wastes tlefined 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 Of any other similar state Or <br />federal statute, rule, regulation or ordinance now or hereafter in effect. Grantor shell not lease or permit the sublease of the Property to a <br />tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances; <br />vise tar. <br />N[ooT mvl HC.. vas <br />