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NEBRASKA <br />DEED OF TRUST <br />TOANN6 <br />66200114174760001 <br />00485 / /VJN01 <br />�Sa <br />ANNE posImiO <br />ADD <br />.311 6 6E= RD <br />ORAN➢R IO LAND, NE 6811012747 <br />adverse., A 9INOL8 PRR SON <br />iT CJ'Ir: y Drive Ste LJi <br />?GUI, 'rV:i`I <br />[71— V.S. 9ANe NA1I01dA6 AiscolATION ND <br />4325 17TH AVENVE as, PAR00, Nn 50303 <br />nsitleration of the loan or nvher credit accommotletion hereinafter specified and any future advances or future Obligations, as defined <br />In herein, which may hereinafter be advanced or incurred and the trust hereinaRer mentioned and other goad and valuable consideration, the <br />receipt antl sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, convoys and <br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of <br />or s. saxx xn +.nuAr Accorxxrx ox_ up. ._ ('Lender"), the <br />beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all of <br />Grantor's present and future estate, right, tide 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 />including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or <br />hereafter located on used in connection with the real farcically, whether or not EMxed to the land: privileges, hereditarmads, 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; lease a', licenses and other <br />agreements; rents, issues and profits: water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively <br />"Pmperty"I; m 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 Granter and Grantor's hairs, representatives and assigns, hereby expressly warrant, <br />nt <br />covena, 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 Borrower or Grantor (cumulatively 'Obligations") to Lender pursuant lo: <br />ha) this Deed of Trust and the following promissory notes and other agreements: <br />17,000.00 1 08 /01 /01 1 08/05/16X66200114174760001 <br />Of all ether yrescn[ or future, written agreements with Lender that refer epeuiliu ally to this Dead of Trust (whether executed for the same <br />or tlitny guaranty purposes than the of other <br />(c) any guaranty of obligations of other parties given to Lender now to hereafter de cons that refers to this Deed Trust; of <br />(d future , a Or Exte Wd lhar ehllf ateG n cello Ba o the Gran extent as If made n. of the Obligations with the execution .1 .,dr OF eh is Used f t is <br />Trust, f Trust o Extended u behalf of Grantor or Borrower. Grantor agrees that If one of Obligations h a lino of credit, the lien ei this made <br />Dead at Trust rsh l continue until payment in full d all debt due under the line notwithstanding f this the fact that from time to time (but all the <br />termination of the line) no balance may be outstanding, s, no lime during the farm of this Deetl a Trust or any extension thereof shall the <br />unpaid and outstanding secured principal t1`17,00 . advances, not including sums advanced by Lender to protect the security of this Deed Lender <br />Trust, exceed the Yellowing amount: 5 r nt r, oo This provision shall not constitute an obligation upon or commitment of Lender <br />to make additional advances or loans to Grantor; and <br />led all amendments, extensions, renewals, cations, replacements substitutions to any of the foregoing. <br />As u and setl in this Paragraph 1, the [erns Grantor and Borrower shall indutle and also mean any Grantor or Borrower if more than ene. <br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that <br />lal Grantor has fee simple marketable title to the Property End shall maintain the Property free of all hens, security interests, encumbrances <br />and claims except for this Dead of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein <br />by refereneb, whinh Grantor agrees 10 Gay and perform In a timely manner; <br />(of Grantor Is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation, <br />those relating to "Hazartlous Mater'mle," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the <br />federal government her iny other governmental or quasi governmental entity has filed a lien on the Property, nor are there any <br />governmental, judicial or adminisamive 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 Grantors knowledge, any other party has used, generated, <br />bleated, discharged, stated or diapered 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 />"Hazartlous Materials" shall mean any substance, material, or waste which Is or becomes regulated by any governmental authority <br />including, but not limited [o, lit petroleum; in II triopic or nonfriable asbestos; (iii) polychlorinated blpheri liv) those substances, materials <br />or wastes designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuantto Section 307 of the <br />Clean Water Act or any amendments or replacements to those statutes; (vl those substances, materials or wastes defined as a 'hazardaus <br />waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; entl <br />Ni) 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 subtanant whose operations may result in contamination of the Property with Hazardous Materials or toxic substimi <br />NeoOT Ii PI nev. "re Paoe r at 6 <br />n <br />"r <br />D <br />rcl <br />In <br />c A <br />� <br />Z <br />K= <br />~ <br />> <br />m <br />O <br />vrm'1 <br />S$ <br />N <br />v C <br />to <br />Ad <br />07 <br />an <br />NEBRASKA <br />DEED OF TRUST <br />TOANN6 <br />66200114174760001 <br />00485 / /VJN01 <br />�Sa <br />ANNE posImiO <br />ADD <br />.311 6 6E= RD <br />ORAN➢R IO LAND, NE 6811012747 <br />adverse., A 9INOL8 PRR SON <br />iT CJ'Ir: y Drive Ste LJi <br />?GUI, 'rV:i`I <br />[71— V.S. 9ANe NA1I01dA6 AiscolATION ND <br />4325 17TH AVENVE as, PAR00, Nn 50303 <br />nsitleration of the loan or nvher credit accommotletion hereinafter specified and any future advances or future Obligations, as defined <br />In herein, which may hereinafter be advanced or incurred and the trust hereinaRer mentioned and other goad and valuable consideration, the <br />receipt antl sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, convoys and <br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of <br />or s. saxx xn +.nuAr Accorxxrx ox_ up. ._ ('Lender"), the <br />beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all of <br />Grantor's present and future estate, right, tide 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 />including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or <br />hereafter located on used in connection with the real farcically, whether or not EMxed to the land: privileges, hereditarmads, 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; lease a', licenses and other <br />agreements; rents, issues and profits: water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively <br />"Pmperty"I; m 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 Granter and Grantor's hairs, representatives and assigns, hereby expressly warrant, <br />nt <br />covena, 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 Borrower or Grantor (cumulatively 'Obligations") to Lender pursuant lo: <br />ha) this Deed of Trust and the following promissory notes and other agreements: <br />17,000.00 1 08 /01 /01 1 08/05/16X66200114174760001 <br />Of all ether yrescn[ or future, written agreements with Lender that refer epeuiliu ally to this Dead of Trust (whether executed for the same <br />or tlitny guaranty purposes than the of other <br />(c) any guaranty of obligations of other parties given to Lender now to hereafter de cons that refers to this Deed Trust; of <br />(d future , a Or Exte Wd lhar ehllf ateG n cello Ba o the Gran extent as If made n. of the Obligations with the execution .1 .,dr OF eh is Used f t is <br />Trust, f Trust o Extended u behalf of Grantor or Borrower. Grantor agrees that If one of Obligations h a lino of credit, the lien ei this made <br />Dead at Trust rsh l continue until payment in full d all debt due under the line notwithstanding f this the fact that from time to time (but all the <br />termination of the line) no balance may be outstanding, s, no lime during the farm of this Deetl a Trust or any extension thereof shall the <br />unpaid and outstanding secured principal t1`17,00 . advances, not including sums advanced by Lender to protect the security of this Deed Lender <br />Trust, exceed the Yellowing amount: 5 r nt r, oo This provision shall not constitute an obligation upon or commitment of Lender <br />to make additional advances or loans to Grantor; and <br />led all amendments, extensions, renewals, cations, replacements substitutions to any of the foregoing. <br />As u and setl in this Paragraph 1, the [erns Grantor and Borrower shall indutle and also mean any Grantor or Borrower if more than ene. <br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that <br />lal Grantor has fee simple marketable title to the Property End shall maintain the Property free of all hens, security interests, encumbrances <br />and claims except for this Dead of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein <br />by refereneb, whinh Grantor agrees 10 Gay and perform In a timely manner; <br />(of Grantor Is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation, <br />those relating to "Hazartlous Mater'mle," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the <br />federal government her iny other governmental or quasi governmental entity has filed a lien on the Property, nor are there any <br />governmental, judicial or adminisamive 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 Grantors knowledge, any other party has used, generated, <br />bleated, discharged, stated or diapered 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 />"Hazartlous Materials" shall mean any substance, material, or waste which Is or becomes regulated by any governmental authority <br />including, but not limited [o, lit petroleum; in II triopic or nonfriable asbestos; (iii) polychlorinated blpheri liv) those substances, materials <br />or wastes designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuantto Section 307 of the <br />Clean Water Act or any amendments or replacements to those statutes; (vl those substances, materials or wastes defined as a 'hazardaus <br />waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; entl <br />Ni) 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 subtanant whose operations may result in contamination of the Property with Hazardous Materials or toxic substimi <br />NeoOT Ii PI nev. "re Paoe r at 6 <br />