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200205219 NEBRASKA
<br />DEED OF TRUST
<br />MICHAEL J. MUESSEL
<br />JANE M MUESSEL
<br />2703 WAGON RD
<br />GRAND ISLAND,•NE 688017366
<br />®Re MICHAEL J M UESSEL,
<br />RecoRequested by &
<br />When rded Return To:
<br />506 -70 -6921
<br />TRUSTEE: U.S. BANK NATIONAL ASSOCIATION ND
<br />4325 17TH AVENUE SW, FARGO, ND 58103
<br />or
<br />00003000047261
<br />00485//CSB20 Ob
<br />JANE M NUESSEL, HUSBAND AND WIFE
<br />2925Pountry Drive Ste 201
<br />St. P ul, MN 55117
<br />any future advances or future Ubligations, as
<br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other gooa ana vaivaD[e consiaeraton, ine
<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
<br />TT c nave xaTTnMRT. ACRnCTATTON ND __ ("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, title 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 or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, 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; leases, 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 />"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 Deed of Trust and the following promissory notes and other agreements:
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<br />200205219 NEBRASKA
<br />DEED OF TRUST
<br />MICHAEL J. MUESSEL
<br />JANE M MUESSEL
<br />2703 WAGON RD
<br />GRAND ISLAND,•NE 688017366
<br />®Re MICHAEL J M UESSEL,
<br />RecoRequested by &
<br />When rded Return To:
<br />506 -70 -6921
<br />TRUSTEE: U.S. BANK NATIONAL ASSOCIATION ND
<br />4325 17TH AVENUE SW, FARGO, ND 58103
<br />or
<br />00003000047261
<br />00485//CSB20 Ob
<br />JANE M NUESSEL, HUSBAND AND WIFE
<br />2925Pountry Drive Ste 201
<br />St. P ul, MN 55117
<br />any future advances or future Ubligations, as
<br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other gooa ana vaivaD[e consiaeraton, ine
<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
<br />TT c nave xaTTnMRT. ACRnCTATTON ND __ ("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, title 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 or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, 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; leases, 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 />"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 Deed of Trust and the following promissory notes and other agreements:
<br />(b) all other present or future, written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same
<br />or different purposes than the foregoing);
<br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(d) 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 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 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: $ lo,loo.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 />(b) Grantor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation,
<br />those 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 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 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 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; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials
<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; (v) 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 />(vi) 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 />NEDOT [HPI Rev. 1/96 Page 1 of 6
<br />>:: >:: >:: >:: >:
<br />:: >:::: »:::::AAt 011:::<:::><
<br />10,100.00
<br />04/12/02
<br />04/12/32
<br />00003000047261
<br />(b) all other present or future, written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same
<br />or different purposes than the foregoing);
<br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(d) 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 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 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: $ lo,loo.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 />(b) Grantor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation,
<br />those 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 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 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 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; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials
<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; (v) 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 />(vi) 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 />NEDOT [HPI Rev. 1/96 Page 1 of 6
<br />
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