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<br />NEBRASKA 00003000050558
<br />DEED OF TRUST 00483//SLM79
<br />GRANTOR
<br />Nte9 s CUNNINGS, COLLEEN K CuMtl1NUS. HUSBAND ANN wIFH, AS Ell
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<br />Return To:
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<br />ADDRESS z 2925 Co ^try Drive Ste 201 ADDRESS
<br />'1504 CUSTER AVE N St. Paul, ION 55117
<br />GRAND TBCANO, NH 6390343D6 -
<br />�. *g6 mENTIFIcnnON NO. ........ TmenR Na IDENTIFICAGON NO I
<br />505 -32 -2112 _ --
<br />TRUSTEE I.E. Read saclasuAl xeSOCIAIION NO
<br />4315 LIT. AVENUE SW. rude., ND Sa103
<br />slrreratun of the loan or other credit Acconlm tldgon herelnaft. pecified and any future advances or future Obligations, as defined
<br />boom, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consdaralron, III,
<br />receipt and sufficiency of which are hereby acknowledged, Grantor hereby roevucabIV warrants, bargains, sells, transfers, grants, conveys and
<br />eseS to NATIONAL his Auccessprs and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of _..
<br />V.S- BANK rider this Deed ASSOCTAT
<br />Trust, ND _ _- ssaist H a the
<br />be no L rY under this Deed of Trust untler and and to the terms and conditions herein set forth, with right of entry and d to trx D all of
<br />Grantor's present and future estate, s ref title and Interest in and N the real property described In Schedule A Which IS attached to this Deed of
<br />Trust and In houer AtvJ herein by this reference, together with all present and futures of very is and fixtures; all tangible personal property
<br />mulling without limitation all machinery, n withe the building materials, and goods S of every nature lend; privileges, c r gtaid n or
<br />olrsumC p
<br />hereafter located o used el connection with the real property, whether or not effixed to the lend; privileges, rereto the Pro And
<br />from theme Including all development rights associated with the Property, is Prop previously t subsequently transferred to the Property
<br />from Other real properly a pr or hwaterer all, m tlble Of reservoir an from lolls Property t What pertaining to the leases, Licenses fC and ether
<br />agreements; rents, Issues and profits; water, null, ditch, reservoir and mineral rights and stocks pertaining to the reel successors and assign vtively
<br />"Property "1; to have and to hold the Property and the Iiyhts' hereby granted for the pee and benefit of Lander, his successors and es'sgns', until
<br />payment In full of all Obligations secured hereby.
<br />Moreover, In Wither consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant,
<br />ant, and agree with Lender and Trustee and their successors and ssaigns as follows:
<br />I vOBLIGATIONS. This Deed of Trust shall secure tlm pavment and performance of all present and future indebtedness, loolllies, obligations
<br />and covenants of Rorrower or Grantor Icumulativaly "Obligations "I to Lender pursuant to
<br />is) Lee, Deed of Trust and the following promissory notes and other agreements'. _
<br />1 PRINCIPAL AfutllUNT! 1 NOTE) MATVRITW G4AN
<br />CREDIT JAMIT AGREEMENa GATE 1 , DAM NUM6ER
<br />40,000.00 04/29/02 04/29/32 00003000050558
<br />(b) all other present or future, written uyrucments with Lender that refer _specifically to this Deed of Trust (whether executed for the area
<br />or different purposes than the foregeingl;
<br />Iu1 any guaranty of obligations of other parties given to Lender now or hereafter Executed that refers to this Dead of Trust;
<br />Idl future advances, whether obligatory or optional, to the same extent as If made contemporaneously with the a cation Of this Deed of
<br />Trust, made or extended on buhell of Grantor or Borrower. Grantor agrees that If one of the Obligations Is a line Of credit, the can of this
<br />Deed of Trust shall continue until payment In lull 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 shell the
<br />unpaid and outstanding secured prinripal future advances, not including sums advanced by Lender to protect the security of this Deed of
<br />Trust, exceed the following Uo1QmU S 40, coo. 00 This provision shall not constitute an obligation upon or commitment of Lender
<br />to make additional advances or loans to Grantor; and
<br />IB) all a endments, extensions, renewals, modifications, replacements or substitutions to any of the forenoon
<br />As used In this Paragraph 1, the terms Grantor and Borrower shall include and also mean any Gran our or Borrower If more than one
<br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that:
<br />W) Grantor has fee simple marketable title to the Property and shell maintain the Property free of all lend Security Interests, a daudibnam,.x
<br />And el—, creep[ for Nis Deed of Trust antl those described in Schedule B, which Is allached to this Deed of Trust and incorporated herein
<br />by reference, which Grantor agrees to pay and perfnrm In a timely manner;
<br />(b) Grantor is in mpliance n all respects With all applicable federal, State and local laws and regulations, Including, without lAeDualiun,
<br />these relating to 'Hazardous Materials," as School herein, and other environmental matters (the "Fnvirnnmemal Laws "1, and neither the
<br />federal government not any other governmental or quasi governmental unity has filed a lien on the Emi rty, n are there any
<br />governmental, judicial or administrative actions with respect to environmental matters pending, Or to the beet of NB Grantors accolade ,
<br />threatened, which invulve the Property. Neiffifr Grantor nor, to the best of Grantor's knowledge, any other party bus used, generated,
<br />released, discharged stored or disposed of any Hazardous Materials as defined herein, Inc action with the Property or transported any
<br />Hazardous Materiels to or from the Properly. Gruntur shall not c nit 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 wthorlty
<br />clWhry, but not limited to, tit petrolaum; did friable Gr nondurable asbestos; non polyohlorinatetl ophenyle. Ilvl lhuse substances, materials
<br />or wastes designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section SO/ of the
<br />(dean Water Act or any amendments or replacements to these a'tatutes; Ivl those substances, materials or astes defined a "hazardous
<br />rite" pursuant to Section 1004 of the Resource Conservation antl Recovery Act or any a endments or replacements to that statute; and
<br />fall Nose substancce, lalurlals o wastes defined a "hazardous substance" pursuant to Section 101 of the COrnprolwnsive
<br />Environmental Response ^Compensation and Liability Act or any amendments Or replanements to that statute or any other Sl Tllar state D
<br />federal statute, rule, regulation or ordinance now or hereufmr In cllect Grantor shall not lease or perm, the sublease of the Property to a
<br />tenant or subtenant whose aperations may result in contamination of the Property with Hazardous Materials or toxic substances;
<br />NEOOT IHPI Ha.. 1 a life 1 m a
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