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<br />DEED OF TRUST
<br />TERESA L. PICHLER TERESA LYNNE PICHLER,
<br />A SINGLE PERSON
<br />4252 GUENTHER RD, E
<br />PHILLIPS, NE 68865
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<br />DEED OF TRUST
<br />TERESA L. PICHLER TERESA LYNNE PICHLER,
<br />A SINGLE PERSON
<br />4252 GUENTHER RD, E
<br />PHILLIPS, NE 68865
<br />ADDRESS ADDRESS
<br />TELEPHONE NO. IDENTIFICATION NO. TELEPHONE NO. IDENTIFICATION NO.
<br />TRUSTEE: U. S. BANK TRUST COMPANY, NATIONAL ASSOCIATION
<br />PORTLAND, OR 97204
<br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein,
<br />which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and
<br />sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to
<br />Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of U.S. BANK NATIONAL ASSOCIATION ND
<br />( "Lender "),the beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession
<br />all of Grantor's present and future estate, right, title and interest in and to the real property described in Schedule A which is attached to this Deed of
<br />Trust and incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property
<br />including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter
<br />located on or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, and appurtenances including all
<br />development rights associated with the Property, whether previously or subsequently transferred to the Property from other real property or now or
<br />hereafter susceptible of transfer from this Property to other real property; leases, licenses and other agreements; rents, issues and profits; water,
<br />well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property "); to have and to hold the Property and the
<br />rights hereby granted for the use and benefit of Lender, his successors and assigns, until payment in full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant,
<br />covenant, and 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 pr issory notes and other agreements:
<br />PRINCIPALAMOUNT/
<br />CREDIT AMOUNT '
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<br />DECEMBER 12, 2001
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<br />ADDRESS ADDRESS
<br />TELEPHONE NO. IDENTIFICATION NO. TELEPHONE NO. IDENTIFICATION NO.
<br />TRUSTEE: U. S. BANK TRUST COMPANY, NATIONAL ASSOCIATION
<br />PORTLAND, OR 97204
<br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein,
<br />which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and
<br />sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to
<br />Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of U.S. BANK NATIONAL ASSOCIATION ND
<br />( "Lender "),the beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession
<br />all of Grantor's present and future estate, right, title and interest in and to the real property described in Schedule A which is attached to this Deed of
<br />Trust and incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property
<br />including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter
<br />located on or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, and appurtenances including all
<br />development rights associated with the Property, whether previously or subsequently transferred to the Property from other real property or now or
<br />hereafter susceptible of transfer from this Property to other real property; leases, licenses and other agreements; rents, issues and profits; water,
<br />well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property "); to have and to hold the Property and the
<br />rights hereby granted for the use and benefit of Lender, his successors and assigns, until payment in full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant,
<br />covenant, and 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 pr issory notes and other agreements:
<br />PRINCIPALAMOUNT/
<br />CREDIT AMOUNT '
<br />NOTE/
<br />AGREEMENT DATE
<br />MATURITY
<br />DATE
<br />LOAN
<br />NUMBER
<br />66,000.00
<br />DECEMBER 12, 2001
<br />12/12116
<br />00000510023234
<br />(b) all other present or future, written agreements with Lender that refer specifically to this deed of Trust (whether - executed for the same
<br />or different purpose 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 Dead of Trust,
<br />made or extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit, the lion of this Deed of Trust
<br />shall continue 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
<br />balance may be outstanding. At no time during the term of this Deed of Trust or any extension thereof shall the unpaid and outstanding secured
<br />principal future advances, not including sums advanced by Lender to protect the security of his Deed of Trust, exceed the following
<br />amount: $ 66.000.00. This provision shall not constitute an obligation upon or commitment of Lender to make additional advances or loans to
<br />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 then 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 Property and shall maintain the Property free of all liens, security interests, encumbrances and
<br />claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by
<br />reference, which 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, without limitation, those
<br />relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal
<br />government nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any governmental, judicial or
<br />administrative actions with respect to environmental matters pending, or to the best of the Grantor's knowledge, threatened, which involve the
<br />Property. Neither Grantor nor, to the best of Grantor's knowledge, any ether party has used, generated, released, discha!ged, stored, or
<br />disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any Hazardous Materials to or from the
<br />Property. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous Materials" shall mean any substance,
<br />material, or waste which is or becomes regulated by any governmental authority including, but not limited to, (i) petroleum; (ii) friable or nonfriable
<br />asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a "hazardous substance" pursuant to Section
<br />311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes; (v)
<br />those substances, materials or wastes defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery
<br />Act or any amendments or replacements to that statute; and (vi) those substances, materials or wastes defined as a "hazardous substance"
<br />pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to
<br />that statute or any other similar state or federal statute, rule, regulation or ordinance now or hereafter in effect. Grantor shall not lease or permit
<br />the sublease of the Property to a tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or
<br />toxic substances;
<br />NEDOT Rev. 1297 page 1 of 7
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