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L xexxae When Recorded Return TO: <br />US Recordings, Inc. <br />I NDxxzs 2925 Country Drive Ste <br />R2 areas C. N <br />paANa I9YAND. NE 188039738 <br />XIcaAYl L. NAPAIB. ..RNICa e. meents. X... . XIPB <br />A <br />d <br />N <br />x <br />A <br />IHVSIt[: V.a. . lzaz .L A88peIATIOX as <br />9]2s 19SN AVaNVB 8X, eexp0. No 58103 <br />In . Consideration <br />which em may of the loan be other credit accommodation hereinafter specified and any flare then good or future Obligations, as defined <br />hotel which may hereinafter bee hereby or incurred and the trust hereinafter mentioned and other goatl antl valuable ant., convey. the <br />receipt and sufficiency successors which are hereby assigns, IN TRUST Grantor Hereby irrevocably warrants, bargains, sells, transfers, grants, conveys antl <br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of <br />— AU➢NAL Dee _ ("Lender'), spossession a Ma <br />Grantor's under this Deed of Truss, under and and to the terms antl l pro lerty hemin set forth, wish right of entry antl dtothisD all of <br />Grantor's present and future estate, right, rule and interest in and to the reel property described in Schedule A which is attached ro this Deed of <br />Trust and incorporated without lim herein l this reference, together with all present and future improvements and fixtures; all tangible personal property <br />including without limitation all machinery, equipment, rel building materials. and goods of every nature (end; privileges, consumer goods) now m <br />hereafter located on o used connection lights with the reel property, whether not affixed to the land, privileges, rereto the Pro and <br />from Cher real including all tlnow or her fights susceptible of the Property, s Pro whether previously r subsequently <br />d, teams, tic ns s Property <br />from other real property o now or hereafter susceptible of transfer from this Property to other real property: leases, licensee and other <br />agreements; rents, issues and profits; water, well, a ditch, <br />rights reservoir and a rat rights and stacks pertaining to the s real property (cumule[ively <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, until <br />payment In full of all Obligations secured hereby. <br />Moreover, in further Consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant, <br />covenant, 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 to: <br />(a) this Dead of Trust and the following promissory notes and other agreements: <br />INS�pL8ak0r>^,100.00 <br />z <br />n ^ <br />o c1 <br />CM <br />V <br />03/19/02 <br />03/19/32 <br />00003000040830 <br />r <br />m N <br />z m <br />o <br />v w <br />r Go <br />,A <br />0 li <br />3 r v <br />s <br />Go <br />V' <br />p <br />W <br />N <br />NEBRASKA <br />00003000040830 <br />DEED OF TRUST <br />00485//CSH2O <br />L xexxae When Recorded Return TO: <br />US Recordings, Inc. <br />I NDxxzs 2925 Country Drive Ste <br />R2 areas C. N <br />paANa I9YAND. NE 188039738 <br />XIcaAYl L. NAPAIB. ..RNICa e. meents. X... . XIPB <br />A <br />d <br />N <br />x <br />A <br />IHVSIt[: V.a. . lzaz .L A88peIATIOX as <br />9]2s 19SN AVaNVB 8X, eexp0. No 58103 <br />In . Consideration <br />which em may of the loan be other credit accommodation hereinafter specified and any flare then good or future Obligations, as defined <br />hotel which may hereinafter bee hereby or incurred and the trust hereinafter mentioned and other goatl antl valuable ant., convey. the <br />receipt and sufficiency successors which are hereby assigns, IN TRUST Grantor Hereby irrevocably warrants, bargains, sells, transfers, grants, conveys antl <br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of <br />— AU➢NAL Dee _ ("Lender'), spossession a Ma <br />Grantor's under this Deed of Truss, under and and to the terms antl l pro lerty hemin set forth, wish right of entry antl dtothisD all of <br />Grantor's present and future estate, right, rule and interest in and to the reel property described in Schedule A which is attached ro this Deed of <br />Trust and incorporated without lim herein l this reference, together with all present and future improvements and fixtures; all tangible personal property <br />including without limitation all machinery, equipment, rel building materials. and goods of every nature (end; privileges, consumer goods) now m <br />hereafter located on o used connection lights with the reel property, whether not affixed to the land, privileges, rereto the Pro and <br />from Cher real including all tlnow or her fights susceptible of the Property, s Pro whether previously r subsequently <br />d, teams, tic ns s Property <br />from other real property o now or hereafter susceptible of transfer from this Property to other real property: leases, licensee and other <br />agreements; rents, issues and profits; water, well, a ditch, <br />rights reservoir and a rat rights and stacks pertaining to the s real property (cumule[ively <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, until <br />payment In full of all Obligations secured hereby. <br />Moreover, in further Consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant, <br />covenant, 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 to: <br />(a) this Dead of Trust and the following promissory notes and other agreements: <br />INS�pL8ak0r>^,100.00 <br />V <br />03/19/02 <br />03/19/32 <br />00003000040830 <br />(b) all other present or future, written agreements with Lender that refer specifically to this Deed of Trust (whether executed far the aeme <br />at different purposes than the foregpingb <br />C) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Dead of Trust; <br />of future advances, whether obligatory or optional, to the same extent as if made contemporaneously with the execution of this Dead 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 continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (bin before <br />termination 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: 6 30 100.00 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 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 Property free of all liens, security interests, encumbrances <br />and claims except for this Deed of Trust and those 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 />Ibl Grantor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation, <br />these relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws'). and neither the <br />federal government nor any other governmental or quasi governmental entity has filed a lien an the Property, nor are there any <br />governmental, judiesel 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 best 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 M be taken in the future. The term <br />"Hazardous Materials" shall mean any substance, material, or ste which is or becomes regulated by any governmental authority <br />including, but not limited to, (i) petroleum; (iii friable o r onfouble asbestos; (iii) polychlorinated biphenyls; for) those substances, materials <br />or e <br />aster dsignated 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; od those substances, materiels or wastes defined as a'hazardous <br />waste" pursuant to Section 1004 of the Resoume Conservation and Recovery Art 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 wown, rule, eagulmsm 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 />`FCi InPI nev. 1,so eon 1 al a <br />