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<br />NEBRASKA 00000510041928
<br />DEED OF TRUST 00483//SLM79
<br />.. Wi',, ;; ;: .• GRANTOR .. .....:. .. `
<br />A..... A—.LL C AHD➢ s, aULIE L. RHODE$ aV9BAND ANU W a m
<br />�t �ivt
<br />C RHODES Recordings R quested by &
<br />,ache,, o— H rl Return TG:
<br />as Razes IH 2925 COLI Drive Ste 201
<br />GRAND ISLAND, HE fitltl Ultlti RB .St. PRUI, N 55117
<br />TRUSTEE: V.E. a. NAF1 ... I AASOCIAnr . NO
<br />9385 19TH AVENUE SW, PAReo, NO Se1e3
<br />In consideration of Thu an or other credit accommodation hereinafter specified antl any future advances m future Obligations . as defined
<br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the
<br />r See
<br />or 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 at
<br />V :H a. x• ND _ - -- C Leader"L the
<br />beneficiary under this Dead of Trust under and subject to the terms and conditions herein set forth, with right of entry and possession all of
<br />Grantor's V,about and future estate, right, title and interest is and to the real property described in Schedule A which is mmched to this Dead of
<br />Try st 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 o r used in connection with the real property, whether or not affixed to the land; privileges, hareditaramts, and
<br />appurtenances mcludmg 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 other
<br />agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stacks pertaining to the real property Icumulativoly
<br />"Property'); to have and to hold the Properly and the rights hereby granted for the use and benefit at Lender, his successors and assigns, until
<br />payment In full of all Obligations secured hereby.
<br />Moreover, in further consitleration. Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant,
<br />cOwmanl, and agme With Lander and Trustee and their successors and assigns as ratio.$:
<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 (cumulatively "Obligations ") to Lender pursuant to:
<br />mr .hot nor.d of Trust and the following promissory notes and other agreements:
<br />1 pNINGwA4NA0UN1!
<br />GBBDIT.411L1tT
<br />NOTKh
<br />GR6EraNr aAfill
<br />MATOf14TT'..
<br />_ GATE ':
<br />IRAN
<br />, - =. NOME #R
<br />29,000.00
<br />02125102
<br />03/11122
<br />00000510041928
<br />to) all who, present or fate,., written agreements with Lender that cafe, apasiflcell, to this Dead of Treat lwhether .....led for the same
<br />Or different purposes than the foregoing);
<br />of any guar. .. ty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(d1 future advances, whether obligatory or optional, to the same extent as if made contemporaneously with the execution of this Deed at
<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 oUlarar ing. 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 tiro security of this Dead of
<br />Trust, exceed the following a unC 3 ea Coo. as This NrOVlslon .'hall not constitute an obligation upon Or cunm..pro nt 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 terns 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 Leader that:
<br />(a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security Interests, ancumbrancos
<br />Pop 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 />to) Grantor is mplienee in all respects with all applicable fa ii state antl local Iowa and regulations, including, without limitation,
<br />those relating to 'cHazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "l, and neither the
<br />federal government nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any
<br />governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Grantor's knowledge,
<br />ter.... nad, which involve the Property. Neither Grantor nor, to the best of Granter's knowledge, any other party has used, generated,
<br />released, discharged, stored, or disposed of any Hazardous Materials as defined heroin, an comeretion 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, urSlerial, or waste which is or becomes regulated by any governmental authority
<br />including, but not limited to, lit povoleum; in triable or nonfriable asbestos; (Ill) polycldwinated b'mhenyls; (iv) those Substances, materials
<br />or wastes designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuantto Section 30/ of the
<br />Clean Water Act or any amendments or replacements to these statutes; (v) those substances, materials or wastes defined es .'hazardous
<br />waste" pursuant to Section 1004 of the Hesuarce Conservation and Recovery Act Or any amendments or replacements to that statute: and
<br />(VII these Substances, materials or wastes defined as a hazardous substance" pursuant to Section 101 of the Comprehensive
<br />Hocomr mental 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 subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances;
<br />plop, 11.11 acv. Lsa Papal ulfi
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