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E Br1AENA0AN
<br />-t �f'Yy OAAR %L L. BARNHAOAH, WVILA x. BAAHHAOAN. tlV9BAal AHO WIFE
<br />R9Cdrding Reque led by &
<br />BAANHAOAH °' Man fReoorded etUPr7TO:
<br />103 ..I.LT St. Paul, MN 5117
<br />DOHtPHAN, HE 6663]
<br />U.S. BAHs, NATIONAL AEHVCIATIM HO
<br />4325 17TH Avframe So, Faces.. an 58103
<br />In Oonald...tion of the loan or other credit accommodation hereinafter specified and any nature aavanca> or ,uw...... --
<br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, In.
<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 — (•Lender "), the
<br />beneficiary under this Dead of Trust, u with right of cutr and ..session all of
<br />odor end subject to the terms and conditions herein ed forth, w g Y P
<br />Grantor's present and tutus estate, right, title and Interest in and m the real property described in Schedule A which is attached rs this Dead of
<br />True, and incorporated herein by this reference, together with all present and furore improvements and futures; all tangible personal property
<br />including without limitation ell machinery, equipment building materiels, and goods of every nature (excluding consumer goods) now or
<br />hereafter located on or ueetl In connection wiN the real property, her or not affixed to the land: privileges, heredltaments, and
<br />appurtenances including all tlevelupment rights associated with the Property, whether previously or subsequently transferred to the Property
<br />real property or new or hereaher susceptible of tranaler from this Property to other real property; leases, licenses and ether
<br />from other
<br />agreements; rents, issues and profits: water, well, ditch, reservoir and mineral rights and stacks pertaining r to successors h land assigns, unt I
<br />'Property')
<br />; to have and to hold the Property and the rights hereby granted for the use and benefit of Lande,
<br />payment In full of ell Obligations secured hereby. r's heirs. representatives end assigns, hereby expressly warrant,
<br />Moreover, in further consideration, Grantor does, for Grenror and Granto Y
<br />covenant and agree with Lender and Trustee end thou successors end assigns es follows: liablllties, obli anions
<br />1. OBLIGATIONS. This Deed of Trust shall secure the payment end performance of all present and future indebtedness, 9
<br />and covenants of Borrower or Grantor IOurnmabvely Oblgan ons) to Lender pursuant to
<br />lel this Deed of Trust and the fallowing promissory notes and other agreements:
<br />15,000.00 1 03/07/02 1 03/07/32 1 00003000037906
<br />NI all other present ar future, written agreements with Lander that refer Spastically to this Deed of Trust (wheNar executed for the same
<br />or different purpose. than the foregoing);
<br />Icl any g .... ory of obligations of other parties given to Lender now or hereafter executed that refers to this Dead of Trust
<br />to) 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 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 contleue 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 ba outstanding. At no time during the term of this Dead 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 Dead of
<br />Trust, exceed the following amount s 5 O... as This provision shall net constitute an obligation upon or commitment of Lender
<br />to make additional advances or loans to ranter, end
<br />(e) all amendments, 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 />(a) Grantor has fee simple marketable title to the Property and shall maintain the Properly free of all liens, security interests, encumbrances
<br />and claims except for this Deed of Trust and these described in Schedale 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 />pi Grantor is in compliance In all respects with all applicable federal, state and I ... I laws and regulations, including, without limitation,
<br />those relating to "Hazardous Materials," as defined herein, and other environmental manors (the "Environmental Laws"), 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 />threatened, which involve the Property. Neither Grantor nor, to the beat 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 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, (i) petroleum; (iii friable or nonfriable asbestos; (iii) polychlorinated biphenyl.; livl those ..but...., materiels
<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 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 />Nil 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 subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances;
<br />6• ore
<br />NEOOT IMPI aev. L9B
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<br />E Br1AENA0AN
<br />-t �f'Yy OAAR %L L. BARNHAOAH, WVILA x. BAAHHAOAN. tlV9BAal AHO WIFE
<br />R9Cdrding Reque led by &
<br />BAANHAOAH °' Man fReoorded etUPr7TO:
<br />103 ..I.LT St. Paul, MN 5117
<br />DOHtPHAN, HE 6663]
<br />U.S. BAHs, NATIONAL AEHVCIATIM HO
<br />4325 17TH Avframe So, Faces.. an 58103
<br />In Oonald...tion of the loan or other credit accommodation hereinafter specified and any nature aavanca> or ,uw...... --
<br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, In.
<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 — (•Lender "), the
<br />beneficiary under this Dead of Trust, u with right of cutr and ..session all of
<br />odor end subject to the terms and conditions herein ed forth, w g Y P
<br />Grantor's present and tutus estate, right, title and Interest in and m the real property described in Schedule A which is attached rs this Dead of
<br />True, and incorporated herein by this reference, together with all present and furore improvements and futures; all tangible personal property
<br />including without limitation ell machinery, equipment building materiels, and goods of every nature (excluding consumer goods) now or
<br />hereafter located on or ueetl In connection wiN the real property, her or not affixed to the land: privileges, heredltaments, and
<br />appurtenances including all tlevelupment rights associated with the Property, whether previously or subsequently transferred to the Property
<br />real property or new or hereaher susceptible of tranaler from this Property to other real property; leases, licenses and ether
<br />from other
<br />agreements; rents, issues and profits: water, well, ditch, reservoir and mineral rights and stacks pertaining r to successors h land assigns, unt I
<br />'Property')
<br />; to have and to hold the Property and the rights hereby granted for the use and benefit of Lande,
<br />payment In full of ell Obligations secured hereby. r's heirs. representatives end assigns, hereby expressly warrant,
<br />Moreover, in further consideration, Grantor does, for Grenror and Granto Y
<br />covenant and agree with Lender and Trustee end thou successors end assigns es follows: liablllties, obli anions
<br />1. OBLIGATIONS. This Deed of Trust shall secure the payment end performance of all present and future indebtedness, 9
<br />and covenants of Borrower or Grantor IOurnmabvely Oblgan ons) to Lender pursuant to
<br />lel this Deed of Trust and the fallowing promissory notes and other agreements:
<br />15,000.00 1 03/07/02 1 03/07/32 1 00003000037906
<br />NI all other present ar future, written agreements with Lander that refer Spastically to this Deed of Trust (wheNar executed for the same
<br />or different purpose. than the foregoing);
<br />Icl any g .... ory of obligations of other parties given to Lender now or hereafter executed that refers to this Dead of Trust
<br />to) 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 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 contleue 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 ba outstanding. At no time during the term of this Dead 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 Dead of
<br />Trust, exceed the following amount s 5 O... as This provision shall net constitute an obligation upon or commitment of Lender
<br />to make additional advances or loans to ranter, end
<br />(e) all amendments, 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 />(a) Grantor has fee simple marketable title to the Property and shall maintain the Properly free of all liens, security interests, encumbrances
<br />and claims except for this Deed of Trust and these described in Schedale 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 />pi Grantor is in compliance In all respects with all applicable federal, state and I ... I laws and regulations, including, without limitation,
<br />those relating to "Hazardous Materials," as defined herein, and other environmental manors (the "Environmental Laws"), 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 />threatened, which involve the Property. Neither Grantor nor, to the beat 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 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, (i) petroleum; (iii friable or nonfriable asbestos; (iii) polychlorinated biphenyl.; livl those ..but...., materiels
<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 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 />Nil 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 subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances;
<br />6• ore
<br />NEOOT IMPI aev. L9B
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