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<br /> When Recorded Return To: �
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<br /> C.I. Title, Inc. NEBRASKA 6620010548925000i �� ��i
<br /> 203 Little Canada Rd
<br /> Ste 200 DEED OF TRUST 00483//WDB04
<br /> St. Paul, MN 5511% ��,c��.� ��.^
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<br /> MARILYN J MCHQ(iH JII+IldIB L. MCHOl3H, MARILYN J. MCHII(3H, HII9BAND AND �PIFS
<br /> JIl�SIS MCHIICiH
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<br /> 107 BTSLLAR 8T
<br /> ALDA, NE 688109732
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<br /> ATIONINO
<br /> 507-60-5261
<br /> TRUSTEE: II.9. HANK NATIONAL A880CIATIO�i N,I �,�a,� �,"�"� f�-�,�
<br /> FAR(30, ND 58103 J
<br /> n consi ration o t e oan or ot er cre rt accommo tion ereina er speci ie an any uture a ances or uture igations,as define erem,w ic
<br /> may hereinafter be advanced or incurred and the trust hereinafter merrtioned 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.B. HANK NATIONAL A680CIATION ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of Trust,under and subject to the terms and�nditions 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 preseM and future improvemenis and fixtures;all tangible personal properly 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, hereditarrients, and appurtenances including all development rights associated with the Property,
<br /> whether previously or subsequently transfeRed to ihe 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 benefit of Lender, his successors and
<br /> assigns,until payment in full of all Obligations secured hereby.
<br /> Moreover,in further consideration,Grantor does,for Grantor and Granior'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 /> covenards 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 /> p'k�II�A�1kM�JNF� ' �r�`�t .: �`ftli3t71� ' ��8�
<br /> �R�QIT�lT:: '. ';A�&M�1�'f'1�?ATfx ,:RAT�
<br /> N.: #E :
<br /> 32,197.95 05/10/99 05/15/04 66200105489250001
<br /> (b)all other preseM or uture,wn en agreements wrt en r t at re er speci y to t is ee o rust w e er execu 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 Trust;
<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. Grarnor agrees that if one of the Obligations is a line of credit,the lien of this Deed of Trust shall continue
<br /> until paymem in full of all debt due under lhe line notwithstanding the fact thai 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 thereof shall the unpaid and outstanding secured principal future
<br /> advances,not including sums advanced by Lender to protect the security of this Deed of Trust,exceed the following amount: $ ��,�a�_os
<br /> This provision shall not constitute an obligation upon or comrr�iment 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) Grarrtor has fee simple rnarketable title to the Property and shall mairnain the Property free of all liens,security interests,encur�rances 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 /> Grarnor 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,those relating to
<br /> "Hazardous Materials"as defined herein, and other environmental matters(the"Environmental Laws"),and neither the federal government nor any
<br /> other govemmental or quasi govemmental entity has filed a lien on the Property,nor are there any govemmental,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 comrrriit or permit 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 /> govemmernal authority including,but not limited to,(i)petroleum;(ii)fiable 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 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 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 Corr�rehensive Environmental Response,
<br /> Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance nbw or hereafter in effect. Grarrtor shall not lease or pemtt the sublease of the Property to a tenant or subtenant whose operations may
<br /> resuft in contamination of the Property with Hazardous Materials or toxic substances;
<br /> a�i�s
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