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T MILLER
<br />NEBRASKA 00000510031582
<br />DEED OF TRUST 00485//CSS20
<br />NSL48R. OAYL9 NILL9R. Nas— — NIPY
<br />a MILLER Recordi g FT quested by &
<br />When i corded Return TO:
<br />Ste 201
<br />815 TAT. 9T St. olxl , MN 5511
<br />aRANU I"Ren, the 6Ba03Y509 �1ij
<br />TRUSTEE: V.S. B. NATIONAL A99aCIATIOE Na
<br />4335 17TH AVaIRR 911. 8ARa0, Na 52103
<br />In constderatton of the loan ar other credit 8ccommod5lion hereinafter spebiiled and any future advances or future Obligations, as defined
<br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideratten, 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 successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of ^Lentlar'h the
<br />U.S. readers
<br />MAT
<br />beneficiary under this Dead at Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all of
<br />Granter's present and future estate. right, title and interest in and to the reel 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 lexcluding consumer goods) now or
<br />hereafter located on or used in connection with the real property, whether or not affixed to the land; privileges, heretlitamants, 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 progeny; leases, licenses and other
<br />agreements; rents, issues and profits; water, wall, ditch, reservoir antl mineral rights and stocks pertaining to the real property runudatively
<br />"Property "); to have and to hold the Property and the rights hereby granted for the us
<br />a and benefit of Lander, his successors and assigns,
<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 expresuly warrant,
<br />covenant, and agree with Lender and Trustee and their successors and assigns as follows:
<br />1. OBLIGATIONS. This Dead of Trust shah 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 lo:
<br />(a) this Deed of Trust and the fallowing promissory notes and other agg eemants„1
<br />25,975.00 1 01/15/02 01/20/12 1 00000510031582
<br />(b) all other present or future, written agreements with Lender that refer specifically to this Deed Of Trust (whether exeeutetl for the same
<br />or different purpose. than the foregoingl;
<br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refer. to this Deed of Trust;
<br />lot 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 Obligation. 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 ...urit, of this Deed of
<br />Trust, exceed the following amount: 6 35 975.00 This provision shall not constitute an obligation upon or commitment of Lender
<br />to make additional advances or loans to Grantor; and
<br />let all amendments, extensions, renewals, modifications, replacements or subsattudon. 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 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 Dead of Trust and incorporated herein
<br />by reference, which Grantor agrees to pay and perform in a timely manner;
<br />In) 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 not any other governmental or quasi governmental amity has filed a lien on the Property, nor are there any
<br />governmental, 7udictel Or administrative actions with respect to environmental matters pending, or to the best of the Grantor's knowledge,
<br />threatened, which involve the Properly. Neither Grantor nor, to the best of Grantor'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 transpaned 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; (it) triable or nunfriable asbestos; liiil polychlorinated biphenyl.; (io) those sublene
<br />sns, 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 ¢'hazardous
<br />waste" pursuant to Section 1004 of the Resource Conservation and Recovery Actor any amendments or replacements
<br />replacements to that statute; end
<br />tol those substances, matls or wastes defined as a "hazardous substance
<br />eria 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 Modulo, rule, regulation or ordinance now or hereafter in effect Grantor shall not lasso 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;
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<br />NEBRASKA 00000510031582
<br />DEED OF TRUST 00485//CSS20
<br />NSL48R. OAYL9 NILL9R. Nas— — NIPY
<br />a MILLER Recordi g FT quested by &
<br />When i corded Return TO:
<br />Ste 201
<br />815 TAT. 9T St. olxl , MN 5511
<br />aRANU I"Ren, the 6Ba03Y509 �1ij
<br />TRUSTEE: V.S. B. NATIONAL A99aCIATIOE Na
<br />4335 17TH AVaIRR 911. 8ARa0, Na 52103
<br />In constderatton of the loan ar other credit 8ccommod5lion hereinafter spebiiled and any future advances or future Obligations, as defined
<br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideratten, 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 successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of ^Lentlar'h the
<br />U.S. readers
<br />MAT
<br />beneficiary under this Dead at Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all of
<br />Granter's present and future estate. right, title and interest in and to the reel 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 lexcluding consumer goods) now or
<br />hereafter located on or used in connection with the real property, whether or not affixed to the land; privileges, heretlitamants, 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 progeny; leases, licenses and other
<br />agreements; rents, issues and profits; water, wall, ditch, reservoir antl mineral rights and stocks pertaining to the real property runudatively
<br />"Property "); to have and to hold the Property and the rights hereby granted for the us
<br />a and benefit of Lander, his successors and assigns,
<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 expresuly warrant,
<br />covenant, and agree with Lender and Trustee and their successors and assigns as follows:
<br />1. OBLIGATIONS. This Dead of Trust shah 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 lo:
<br />(a) this Deed of Trust and the fallowing promissory notes and other agg eemants„1
<br />25,975.00 1 01/15/02 01/20/12 1 00000510031582
<br />(b) all other present or future, written agreements with Lender that refer specifically to this Deed Of Trust (whether exeeutetl for the same
<br />or different purpose. than the foregoingl;
<br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refer. to this Deed of Trust;
<br />lot 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 Obligation. 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 ...urit, of this Deed of
<br />Trust, exceed the following amount: 6 35 975.00 This provision shall not constitute an obligation upon or commitment of Lender
<br />to make additional advances or loans to Grantor; and
<br />let all amendments, extensions, renewals, modifications, replacements or subsattudon. 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 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 Dead of Trust and incorporated herein
<br />by reference, which Grantor agrees to pay and perform in a timely manner;
<br />In) 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 not any other governmental or quasi governmental amity has filed a lien on the Property, nor are there any
<br />governmental, 7udictel Or administrative actions with respect to environmental matters pending, or to the best of the Grantor's knowledge,
<br />threatened, which involve the Properly. Neither Grantor nor, to the best of Grantor'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 transpaned 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; (it) triable or nunfriable asbestos; liiil polychlorinated biphenyl.; (io) those sublene
<br />sns, 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 ¢'hazardous
<br />waste" pursuant to Section 1004 of the Resource Conservation and Recovery Actor any amendments or replacements
<br />replacements to that statute; end
<br />tol those substances, matls or wastes defined as a "hazardous substance
<br />eria 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 Modulo, rule, regulation or ordinance now or hereafter in effect Grantor shall not lasso 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 />peloffi
<br />rvEOOT IN11 Rea. l/9s
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