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<br /> �,. � ���. a .���_�ta� r��_. NEBRASKA �
<br /> `'��° ' ;; ; �; DEED OF TRUST oo4ss�/MLRaS �.
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<br /> JOCELYN 8. TIIPPBR, A BINGLS PSRBOTI
<br /> DSNNIS MCCARTY
<br /> JOCSLYN TIIPPBR
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<br /> � 407 9TH ST
<br /> GRAND ZBLAND, NS 688013909
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<br /> 'i�NEN4: ` 1ti�!1'i�ICA7'N5N'�10 ;! '
<br /> �a��.�o b�w�rcnr�:hio. _ _ ' 448-54-9 085
<br /> 507-70-1000
<br /> TRUSTEE: II.B. HANK NATIONAL A880CIATION � .��
<br /> FAR60, ND 58103 �3� C'
<br /> n consi eration o t e oan or ot er cre it axorruno tion ereina er speci e an any uture a ances or uture igauons,as e ine erein,w ic
<br /> may hereinafter be advanced or incurred and ihe trust hereinafter mentioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, iransfers, grants, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for ihe benefit and security of II,8, gp,�K NATIONAL ABSOCIATION ND
<br /> ("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 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 flxtures;all tangibie personal property including without lirrritation all machinery,
<br /> equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with ihe real
<br /> property, whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development righis associated with the Property,
<br /> whether previously or subsequently iransferred to the Property from other real property or now or hereafter susceptible of transfer from this Property to other
<br /> reai properly;leases,licenses and other agreements;reMs,issues and profiis;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 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")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements.
<br /> P�IING[�iAE,a1MQtJNTf ;:l+Ifl�'�l<:: NI�Tt3�ItT11 `;:4dAN
<br /> > :..G.R�QIT[.II�AIT.i: ACiRF.&M�NT�ATE Di11'� N1fMB�R ;
<br /> 22,000.00 04/30/99 04/30/19 66200105354430001
<br /> (b)all other present or ture,w tten agreements wtt n er t at re er spea i 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 eMent as if made contemporaneously with the execution of this Deed of Trust,made or
<br /> extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit,the lien of this Deed of Trust shail 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 thereof shall the unpaid and outstanding secured principal future
<br /> advances,noi including sums advanced by Lender to protect the security of ihis Deed of Trust,exceed the following amount: $ �2 oon_no
<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 simple marketable title to the Properly and shall maintain the Property free of all liens,security interests,encumbrances and claims
<br /> except for this Deed of Trust and ihose 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 corr�pliance in ail 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 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 mariers 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 iransported any Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions
<br /> to be laken 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 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 repiacements 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, regulation or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or perrmt the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contamination of ihe Properly with Hazardous Materials or toxic substances;
<br /> ��
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