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- Recordings Requestea Dy n II <br />XAALAN R PVNCOCXRR <br />When Recorded Return To: NARLAN R Postcards, NNR NAx1u r NCOCx R, xvsAA m ND MLPS <br />US Recordings, Inc. <br />ANNe el PvncoceAR 2925 Country Drive Ste 01 <br />St. Paul, MN 55117 ADDRESS <br />ADDRESS <br />iai 3/ i/q <br />11's AINx GAVL RD N <br />GRAND Ia[AND, WE 60801]101 <br />... TEtF6'R0� Np. _ IDENFI��ATI0NN0. _. <br />--I <br />506-38-6768 - <br />TFUSTeE a s e?,a "wherNAL Ass c1A oN ND J <br />4J]5 11TH AVEM-a 9or PAACO, ND SB10J — <br />In consideration of the loan or other credit accommotlation hereinafter specified and any future advances' or future Obligatiore, as -In the and <br />herein, which may hereinafter be advanced or Incurred and Grantor hetreby Irowso bly warrants, bargains, selllls, from fors, grants, conveys and <br />receipt and sufficiency of Which are hereby acknowledgeQ — 1 "LCndar'1, the <br />s9igns m Trustee <br />his successore antl assigns, IN TRUST WITH POWER OF SALE for the benefit and aecurity of <br />y,a. xAL95iSr�lU "n —is herein at <br />benaliciary untlerothis Dead of Trust, antl true a ad interest inn and to then real property described io Schedule A wthlch is[attachadgto this Dead of <br />Grantor's present and future estate, r g <br />Trust and incorporated herein by this reference, together With all present and future improvements and Fixtures; all tangible r appeal property Or <br />Inclutling wmamn Ilmilation all machinery, equipment, building materials, and goods' of every nature (excluding c0esumemd[ menuwand <br />hereafter located on or used in connection with the real property, whether or not affixed to She lentl: privileges, ounces End other <br />appurtenances Inclutling all development rights associated with the Property, whether previously or subsequently Vansfe «ed m the Property <br />from other real property o now Dr hereafter susceptible of ansfer from thirigMSpaod Locks parla n og properly; leases, a property Icumulafively <br />agreements; cots, Issues and profits: water, well, ditch, reservoir ,Tacs Properly "1: w have and lD hold the Property antll d rights hereby granted Fur the use and behest of lender, his successors and assigns until <br />payment in full of all Obligations secured hereby. re resentatives and assigns, borer, expressly warrant. <br />Moreover, to further consideration, Grantor does, for Grantor and Grantor's heirs, covenant, covenant, antl agree with Lender and Trustee and their moacesore antl assigns as follows: <br />1. OBLIGATIONS. This Dead of Trust shall secure the payment and performance Of all present and future indebtedness, liabilities, Obligations <br />and covenants of Borrower or Grantor amulet vely Obl gat ohs to Lender pursuant to <br />(a) this Deed f Trust ad the folio tg promissory notes and other agreement, <br />52,650.00 02/21/02 02/21/32 00003000034737 <br />V\ <br />I <br />of all other present or Future, written agreements with Leader that refer specifically to this Deed of Trust IwOsther executed for the same <br />or different purposes than the Isregoingf; <br />Icl any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed o rust) he lien of this <br />Idl furore advances, whether obligatory or optional, to the same exfent es iffhmade co to the Obligations ns le athe all crorda,t if this Deed at as <br />Trust, made or e.,ended on behalf of Grantor or Borrower. Grantor ege <br />Deetl of Trust shall continue until payment In full of all debt due under [he line notwithstanding the fact that from time to time (but before <br />nomination e paid entl outstuntlinlgnse secured principal futureaativances't not lime <br />Including the tadvancedi by Lende, to Palau[ the seceu�ItytnArthls Dead Of <br />f of <br />come . ant In ding SM1alI not consbtu[e an obligation upon o EDmm um nt of Lender <br />Trust, exceed the follow'mg amount'. s_sa ass oo provision <br />to make additional advances or loans to Granter; and <br />let all amendments, axtensiona, 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. Granter represents, warrants antl e' fare of all . Lender that: <br />Cy Interests, encmnbrances <br />lal Grantor has tee simple marketable title m the Property and shall maintain the Property <br />and claims except for this need of Trust and those described in Schedule B, which is aaechod to this Deed of Trust and incorporated Herein <br />by reference, which Granter agrees [o pay and perform in a timely manner; <br />Of Grantor is In compliance in all respects with all applicable federal, Flat- <br />-H and local laws and regulators, incutling, without imitation, <br />those relating m aaaroad. Matedals," as defined herein, and other environmental matters Ithe "Environmental Laws "). and neither the <br />thus. government nor any other governmental or quasi governmental sntity has filed a lien on the Property, nor are that. any <br />governmental judicial o adminis that g actions with respect to environmental matters pending, a, to the best of the Grantor's knowledge. <br />Threatened , which involve the Property. Neither Granter nor, to the best of Grantor's knowledge, T yiN me part, has <br />or s.d spurted any <br />released, discharged stated or disposed of any Hazardous Materials as defined herein. an 'once w tire <br />Hazardous Materials to or from the Property. Grantor shall not oaomamit which is or actions to be <br />by any evurnmen[al authority such <br />"Hazardous Materials" shall mean any substance, materiel, a <br />Including, but not limited To, (if peens um, Ili trable or sable asbestosef' the Clean Water Actpor listed ' pursuant to Section s307 f lthe <br />or wastee designated D a s <br />Clean Water Act or any amendments or replacements to Chase statutes; Ivl Nose substances, materials pr wastes defined I a "ho<ar ous ininutc, and <br />waste" p..sudnt to Section 1004 of the Res helium) Conservation dousy s ubstance anpuarsuantmto [Seeuon 0101 evfs are Comprehensive to <br />slostancee, matares u <br />Environmental Response. Compensation and Liability Act, or any amendments or replacements to than statute or any other similar state or <br />fedmid statute, rule, regulation or Ordinance now or hereafter In effect. Grantor shall not lease or permit the sublease of the Property tU a <br />tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances; <br />Peae r afa <br />NEW rI all nov. llatl <br />n y <br />s Y <br />It, rm <br />r+ <br />m to <br />1 >' <br />3 <br />N <br />all <br />n <br />CI <br />A <br />try <br />:y rri <br />o <br />to N <br />V <br />F <br />W <br />- <br />� <br />M <br />J r <br />cwt <br />IL.-5 <br />yr <br />p <br />NEBRASKA <br />00003000034737 <br />DEED OF TRUST <br />00485 / /VJN01 <br />- Recordings Requestea Dy n II <br />XAALAN R PVNCOCXRR <br />When Recorded Return To: NARLAN R Postcards, NNR NAx1u r NCOCx R, xvsAA m ND MLPS <br />US Recordings, Inc. <br />ANNe el PvncoceAR 2925 Country Drive Ste 01 <br />St. Paul, MN 55117 ADDRESS <br />ADDRESS <br />iai 3/ i/q <br />11's AINx GAVL RD N <br />GRAND Ia[AND, WE 60801]101 <br />... TEtF6'R0� Np. _ IDENFI��ATI0NN0. _. <br />--I <br />506-38-6768 - <br />TFUSTeE a s e?,a "wherNAL Ass c1A oN ND J <br />4J]5 11TH AVEM-a 9or PAACO, ND SB10J — <br />In consideration of the loan or other credit accommotlation hereinafter specified and any future advances' or future Obligatiore, as -In the and <br />herein, which may hereinafter be advanced or Incurred and Grantor hetreby Irowso bly warrants, bargains, selllls, from fors, grants, conveys and <br />receipt and sufficiency of Which are hereby acknowledgeQ — 1 "LCndar'1, the <br />s9igns m Trustee <br />his successore antl assigns, IN TRUST WITH POWER OF SALE for the benefit and aecurity of <br />y,a. xAL95iSr�lU "n —is herein at <br />benaliciary untlerothis Dead of Trust, antl true a ad interest inn and to then real property described io Schedule A wthlch is[attachadgto this Dead of <br />Grantor's present and future estate, r g <br />Trust and incorporated herein by this reference, together With all present and future improvements and Fixtures; all tangible r appeal property Or <br />Inclutling wmamn Ilmilation all machinery, equipment, building materials, and goods' of every nature (excluding c0esumemd[ menuwand <br />hereafter located on or used in connection with the real property, whether or not affixed to She lentl: privileges, ounces End other <br />appurtenances Inclutling all development rights associated with the Property, whether previously or subsequently Vansfe «ed m the Property <br />from other real property o now Dr hereafter susceptible of ansfer from thirigMSpaod Locks parla n og properly; leases, a property Icumulafively <br />agreements; cots, Issues and profits: water, well, ditch, reservoir ,Tacs Properly "1: w have and lD hold the Property antll d rights hereby granted Fur the use and behest of lender, his successors and assigns until <br />payment in full of all Obligations secured hereby. re resentatives and assigns, borer, expressly warrant. <br />Moreover, to further consideration, Grantor does, for Grantor and Grantor's heirs, covenant, covenant, antl agree with Lender and Trustee and their moacesore antl assigns as follows: <br />1. OBLIGATIONS. This Dead of Trust shall secure the payment and performance Of all present and future indebtedness, liabilities, Obligations <br />and covenants of Borrower or Grantor amulet vely Obl gat ohs to Lender pursuant to <br />(a) this Deed f Trust ad the folio tg promissory notes and other agreement, <br />52,650.00 02/21/02 02/21/32 00003000034737 <br />V\ <br />I <br />of all other present or Future, written agreements with Leader that refer specifically to this Deed of Trust IwOsther executed for the same <br />or different purposes than the Isregoingf; <br />Icl any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed o rust) he lien of this <br />Idl furore advances, whether obligatory or optional, to the same exfent es iffhmade co to the Obligations ns le athe all crorda,t if this Deed at as <br />Trust, made or e.,ended on behalf of Grantor or Borrower. Grantor ege <br />Deetl of Trust shall continue until payment In full of all debt due under [he line notwithstanding the fact that from time to time (but before <br />nomination e paid entl outstuntlinlgnse secured principal futureaativances't not lime <br />Including the tadvancedi by Lende, to Palau[ the seceu�ItytnArthls Dead Of <br />f of <br />come . ant In ding SM1alI not consbtu[e an obligation upon o EDmm um nt of Lender <br />Trust, exceed the follow'mg amount'. s_sa ass oo provision <br />to make additional advances or loans to Granter; and <br />let all amendments, axtensiona, 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. Granter represents, warrants antl e' fare of all . Lender that: <br />Cy Interests, encmnbrances <br />lal Grantor has tee simple marketable title m the Property and shall maintain the Property <br />and claims except for this need of Trust and those described in Schedule B, which is aaechod to this Deed of Trust and incorporated Herein <br />by reference, which Granter agrees [o pay and perform in a timely manner; <br />Of Grantor is In compliance in all respects with all applicable federal, Flat- <br />-H and local laws and regulators, incutling, without imitation, <br />those relating m aaaroad. Matedals," as defined herein, and other environmental matters Ithe "Environmental Laws "). and neither the <br />thus. government nor any other governmental or quasi governmental sntity has filed a lien on the Property, nor are that. any <br />governmental judicial o adminis that g actions with respect to environmental matters pending, a, to the best of the Grantor's knowledge. <br />Threatened , which involve the Property. Neither Granter nor, to the best of Grantor's knowledge, T yiN me part, has <br />or s.d spurted any <br />released, discharged stated or disposed of any Hazardous Materials as defined herein. an 'once w tire <br />Hazardous Materials to or from the Property. Grantor shall not oaomamit which is or actions to be <br />by any evurnmen[al authority such <br />"Hazardous Materials" shall mean any substance, materiel, a <br />Including, but not limited To, (if peens um, Ili trable or sable asbestosef' the Clean Water Actpor listed ' pursuant to Section s307 f lthe <br />or wastee designated D a s <br />Clean Water Act or any amendments or replacements to Chase statutes; Ivl Nose substances, materials pr wastes defined I a "ho<ar ous ininutc, and <br />waste" p..sudnt to Section 1004 of the Res helium) Conservation dousy s ubstance anpuarsuantmto [Seeuon 0101 evfs are Comprehensive to <br />slostancee, matares u <br />Environmental Response. Compensation and Liability Act, or any amendments or replacements to than statute or any other similar state or <br />fedmid statute, rule, regulation or Ordinance now or hereafter In effect. Grantor shall not lease or permit the sublease of the Property tU a <br />tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances; <br />Peae r afa <br />NEW rI all nov. llatl <br />