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<br /> When Recorded Return Ta: �� ,�
<br /> C.I. Title, Inc. NEBRASKA 66200104529380001
<br /> 203 Little Canada Rd
<br /> Ste 200 DEED OF TRUST oo4s5//v�oi
<br /> St. Paul, MN 5511% �� a� �a .,.��,.,
<br /> <e���ow�� ;>
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<br /> DAVID F LAWSON DAVID F. LAWSON, PSNNY S. LAWSON, HIISBAND AND WIFE
<br /> PENNY S LAWSON
<br /> 'i 'I AQDRESB ii i ;:'. ,_:i: ' >i i;i /A{)QIdE.S..B 's _ I'' ' :I'
<br /> 406 NILE ST E
<br /> CAIRO, NE 68824
<br /> 7E{.�pH0i�1E�1[i. IDENYIPfGATION NQ 7Ef.EPHONE N0. 11�1`[�ICA7WN N0
<br /> ,:.
<br /> 505-98-5543
<br /> TRUSTEE: D.B. BANK NATIONAL A860CIATION �.,,,�� q.3a5 I �"�I�
<br /> FARGO, ND 58103
<br /> In consideration o t e loan or ot er credit accomrnodation ereinafier speci ie and any future advances or future Obligations,as defined herein,which
<br /> may hereinafter be advanced or incurred and the trust hereinaher mentioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of II.S. HANK NATIONAL AS60CIATION ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of Trust,under and subjecl to the terms and conditions herein set forth,with right of entry and possession all of Grantor's present
<br /> and future estate,right,title and interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein
<br /> by this reference,together with all present and future improvements and fixtures;all tangible personal property including without limitation all machinery,
<br /> equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with the real
<br /> property, whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development rights associated with the Property,
<br /> whether previously or subsequently transferred to the Property from other real property or now or hereafter susceptible of transfer from this Property to other
<br /> real property;leases,licenses and other agreements;rents,issues and profits;water,well,ditch,reservoir and mineral rights and stocks pertaining to the real
<br /> property(cumulatively"Property");to have and to hold the Property and the rights hereby granted for the use and beneftt of Lender, his successors and
<br /> assigns,until payment in fuli of all Obligations secured hereby.
<br /> Moreover,in further consideration,Grantor does,for Grantor and Grantor's heirs,representatives and assigns,hereby expressly warrant,covenant,and
<br /> 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 and
<br /> covenants of Borrower or Grantor(cumulatively"Obligations")io Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreemenis:
<br /> PRINGtFlALAMOUNT/ HQT�':: AI�A`f13�tETX >LdAN
<br /> GR�I?171�[1�1T: A4Q�M�NT:�7AT� i: �JA'i'E.... .: ;: NlJMB�R
<br /> 5,183.50 03/16/99 03/16/04 66200104529380001
<br /> (b)all other present or uture,wntten agreements wit en r t at re er speci ica y to t is ee o rust w et er execut or e same or different
<br /> 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 Trusi;
<br /> (d) future advances,whether obligatory or optional,to the same extent as if made contemporaneously with the execution of this Deed of Trust,made or
<br /> extended on behalf of Grantor or Borrower. Granior agrees that if one of the Obligations is a line of credit,the lien of this Deed of Trust shall continue
<br /> until payment in full of all debt due under the line notwithstanding the fact that from time to time(but before termination of the line)no balance may be
<br /> outstanding. At no time during the term of this Deed of Trust or any extension ihereof shall the unpaid and outstanding secured principal future
<br /> advances,not including sums advanced by Lender to protect ihe security of this Deed of Trust,exceed the following amount: $ 5,1 R3_50
<br /> This provision shall not constitute an obligation upon or commitment of Lender 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 sir�le marketable title to the Property and shall maintain the Property free of all liens,security interests,encumbrances and claims
<br /> except for this Deed of Trust and those described in Schedule B,which is attached to this Deed of Trust and incorporated herein by reference,which
<br /> 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,withoul lir�tation,ihose relating to
<br /> "Hazardous Materials,"as defined herein, and other environmental matters(the "Environmental Laws"),and neither the federal government nor any
<br /> other governmental or quasi governmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions with
<br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,threatened,which involve the Property. Neither Grantor nor,to the
<br /> best of Grantor's knowledge, any other party has used, generated, released, discharged, stored, or disposed of any Hazardous Materials as defined
<br /> herein,in connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shall not commit or pemiit such actions
<br /> to be taken in the future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any
<br /> governmental authority including,but not limited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wastes designated as a"hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuani 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 waste"
<br /> pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those
<br /> substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulalion or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contamination of the Propeny with Hazardous Materials or toxic substances;
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