|
P Lorse..R DONNAyy P,,...��Lyt'haaRR, A 8INOLE PER30N
<br />ea /1�
<br />a LONCRNBpxBR Flnaardlnpa Requested by &
<br />!Is, w 'ITN aT 2925 Country Drive Ste 201
<br />.. asLAND. NE 688033623 St. Paul, MN 55117 (/ (p 7_5
<br />ITBUSTEE: 17.8. BANK NATIONu, ASSOCIATION ND
<br />"2' ]]TN A7ca a.' PARCH, an Sa103 _ t
<br />In considmaxion of the loan or utter credit accommodation hereinafter apeoifred and any future advances or future Obligations, as defined
<br />_.. ----- _ "'.:__ , .. e. n , n .,.x, "Rio ,.na,m. rn min
<br />receipt and sufficiency which are hereby acknowledged Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and
<br />assigns to Trustee, his sees antl assiyw, IN TRUST WITH POWER OF SALE for the benefit and security of
<br />e.,,e a _ ('Lender'), the
<br />beneficiary present and Deed of Trust, untler and subject to the terms and conditions herein eet forth, with right of entry and possession all of
<br />t rust an inert and future estate, right, title and interest In and to the real property improvements in Schedule A which is tangible stressed to this Deed of
<br />bust and incorporated herein l this reference, together with all present and future improvements antl fixtures; all tangible consumer gadder property
<br />including locate without limitation all machinery, equipment, real ng materials, and goods affixed nature land; priv ege, h goods) now or
<br />hereafter see ro on o sad action with the reel property, whether et not eviixetl to the lend; privileges, red toth a Pro and
<br />appurtenances including all tlnow or her rights associated with the Property, whether previously r subsequently transferred to the Property
<br />from other real property a now or heaters susceptible of transfer biro this Property to other real property; leases, licenses and other
<br />agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the reel property Icumu only
<br />"Property "); to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and assigns, e, until
<br />payment in full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's hairs, representatives and assigns, hereby expressly warrant,
<br />covenant, and agree with Lender and Trustee and thou 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 Borrower or Grantor (cumulatively Obligations") to Lender pursuant to:
<br />(a) this Deed of Treat and the following promissory notes and other agreements:
<br />30,000.00 07/17/01 1 07/17/31166200113953590998
<br />(b) all other present or future, written agreements with Lender that refer specifically to this Dead of Trust (whether executed for the same
<br />or different purposes than the foregoing);
<br />Id any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(d) future advani 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 o no of the Obligations is aline of credit, the Iran 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 />lamination 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 9 3a 000 00 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 amentlments, 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 />he 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 these 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 />hi Grantor is in compliance In all respects with all applicable forestal, state and local laws and regulations, including, without Ilroustion,
<br />those relating to "Hazardous Materials," as defined herein, and other environmental matters nine "Environmental Laws"), and neither the
<br />letleral government any other governmental or quasi governmental entity has filed a lien on the Property, nor are [here any
<br />governmental, judicial o r 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 other party has used, generated
<br />released discbargod, 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, Ig petroleum; Ill( friable or amnable asbestos; VIII polychloureted bfph0ny11; Irv) those substances, materials
<br />or wastes designated as a "hazardous substance" pursuant to Saturn 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; hn [hose 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 />Evil 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 mplacements to that statute or any other eirc lar slate 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 e
<br />tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances;
<br />re.. r amt n"v. Lea ifirs. 1 0 a
<br />h n
<br />OR
<br />C:
<br />Z
<br />e) .x
<br />T
<br />v se --f
<br />a
<br />!mil
<br />n
<br />rr:
<br />U
<br />CryU
<br />—3,
<br />I]1,
<br />LA�
<br />pJ
<br />l]
<br />{ Y
<br />p
<br />III
<br />at
<br />cz
<br />El
<br />9
<br />3
<br />!
<br />N
<br />5
<br />O
<br />NEBRASKA
<br />66200113953590998
<br />DEED OF TRUST
<br />00483//SLm7
<br />P Lorse..R DONNAyy P,,...��Lyt'haaRR, A 8INOLE PER30N
<br />ea /1�
<br />a LONCRNBpxBR Flnaardlnpa Requested by &
<br />!Is, w 'ITN aT 2925 Country Drive Ste 201
<br />.. asLAND. NE 688033623 St. Paul, MN 55117 (/ (p 7_5
<br />ITBUSTEE: 17.8. BANK NATIONu, ASSOCIATION ND
<br />"2' ]]TN A7ca a.' PARCH, an Sa103 _ t
<br />In considmaxion of the loan or utter credit accommodation hereinafter apeoifred and any future advances or future Obligations, as defined
<br />_.. ----- _ "'.:__ , .. e. n , n .,.x, "Rio ,.na,m. rn min
<br />receipt and sufficiency which are hereby acknowledged Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and
<br />assigns to Trustee, his sees antl assiyw, IN TRUST WITH POWER OF SALE for the benefit and security of
<br />e.,,e a _ ('Lender'), the
<br />beneficiary present and Deed of Trust, untler and subject to the terms and conditions herein eet forth, with right of entry and possession all of
<br />t rust an inert and future estate, right, title and interest In and to the real property improvements in Schedule A which is tangible stressed to this Deed of
<br />bust and incorporated herein l this reference, together with all present and future improvements antl fixtures; all tangible consumer gadder property
<br />including locate without limitation all machinery, equipment, real ng materials, and goods affixed nature land; priv ege, h goods) now or
<br />hereafter see ro on o sad action with the reel property, whether et not eviixetl to the lend; privileges, red toth a Pro and
<br />appurtenances including all tlnow or her rights associated with the Property, whether previously r subsequently transferred to the Property
<br />from other real property a now or heaters susceptible of transfer biro this Property to other real property; leases, licenses and other
<br />agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the reel property Icumu only
<br />"Property "); to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and assigns, e, until
<br />payment in full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's hairs, representatives and assigns, hereby expressly warrant,
<br />covenant, and agree with Lender and Trustee and thou 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 Borrower or Grantor (cumulatively Obligations") to Lender pursuant to:
<br />(a) this Deed of Treat and the following promissory notes and other agreements:
<br />30,000.00 07/17/01 1 07/17/31166200113953590998
<br />(b) all other present or future, written agreements with Lender that refer specifically to this Dead of Trust (whether executed for the same
<br />or different purposes than the foregoing);
<br />Id any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(d) future advani 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 o no of the Obligations is aline of credit, the Iran 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 />lamination 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 9 3a 000 00 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 amentlments, 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 />he 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 these 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 />hi Grantor is in compliance In all respects with all applicable forestal, state and local laws and regulations, including, without Ilroustion,
<br />those relating to "Hazardous Materials," as defined herein, and other environmental matters nine "Environmental Laws"), and neither the
<br />letleral government any other governmental or quasi governmental entity has filed a lien on the Property, nor are [here any
<br />governmental, judicial o r 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 other party has used, generated
<br />released discbargod, 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, Ig petroleum; Ill( friable or amnable asbestos; VIII polychloureted bfph0ny11; Irv) those substances, materials
<br />or wastes designated as a "hazardous substance" pursuant to Saturn 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; hn [hose 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 />Evil 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 mplacements to that statute or any other eirc lar slate 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 e
<br />tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances;
<br />re.. r amt n"v. Lea ifirs. 1 0 a
<br />
|