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°n <br />= <br />Z <br />c zr <br />Z � <br />;��.. <br />o <br />c,; <br />C-0 <br />o <br />d <br />> <br />O <br />- <br />r� " <br />CL) <br />L~ <br />C0 <br />(n <br />0 <br />N <br />O <br />N <br />I---` <br />co <br />s <br />O <br />WHEN RECORDED MAIL TO: U' <br />Bankers Trust Company, N.A. <br />Attn: Loan Documentation <br />P.O. Box 897 <br />Des Moines, IA 50304 -0897 FOR RECORDER'S USE ONLY <br />MORTGAGE <br />MAXIMUM LIEN. The lien of this Mortgage shall not exceed at any one time $400,000.00. <br />THIS MORTGAGE dated October 24, 2002, is made and executed between Stetson Building Products, Inc., <br />whose address is 510 SW 9th Street, Des Moines, IA 50309 (referred to below as "Grantor ") and Bankers <br />Trust Company, N.A., whose address is 665 Locust St, P.O. Box 897, Des Moines, IA 50304 -0897 (referred <br />to below as "Lender "). <br />GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages and conveys to Lender all of Grantor's right, title, and interest in <br />and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and <br />fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities <br />with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all <br />minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, State of Nebraska: <br />Lot One (1) Starostka Subdivision, in the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 456 Industrial Lane, Grand Island, NE 68803. <br />Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all <br />Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and <br />Rents. <br />THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, <br />IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE <br />NOTE, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this <br />Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property <br />with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be <br />construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and <br />warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor <br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for <br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this <br />section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release <br />occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to <br />Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the <br />Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of <br />any interest in the Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory <br />to Lender to replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of <br />this Mortgage. <br />Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or <br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the <br />Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance <br />C* <br />00 <br />cc <br />CI <br />