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<br />NEBRASKA 00003000026745
<br />DEED OF TRUST 04603//TAF13
<br />i' ANFAR m
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<br />6TeVCN P. A8Ctl2 COMII6 A9Sao, Haas. ANa NIP. 5
<br />6T.VEN F AICNS
<br />coNxas s. Ascaa P�e`Ofdino equesled by &
<br />When Rec rded Return To:
<br />oarm ao St. Paul, MN 55117
<br />a %Ahe xas.. Na 66.039035
<br />TRUSTEE: U.S. NANN NATIONAL ASSOCIATION to
<br />4J25 17TH AVENUE ON, PANGS, US S630J -- d
<br />of the loan m other credit accommodation hereinafter specified and any future advances or future Obligations, as defined
<br />homil which may hereinafter be advanced or In :urred antl the trust hereinafter -an fionetl end other good and val.,I, cnt.,l convoy and
<br />receipt and .sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, 9ra s
<br />assigns to Trustee, his successors And assgn., IN TRUST WITH POWER OF SALE for the benefit and security Of _ ( "Lentler "1, the
<br />NATTONAT es
<br />beneficiary under this Deed of Trust, U ors
<br />nder and subject to the terms and conditions herein set forth, with right of entry and pnssion all of
<br />Grantor's present and future estate, right. title and interest in and to the real property described In Schedule A whit II Itao attached
<br />a too all property
<br />Trust and In .,pointed harem h this reference, together with all present and future it and fixtures; a g
<br />including without limitation all machinery, equipment, building materials, and goods of every nature excluding consumer goads) now or
<br />ihareefter located on or used In connection with the reel property, whether or not affixed to the land; privileges, heredilamena, and
<br />appurtenances Including all development rights associUad with the Property, whether previously or subsequently transferred to the Property
<br />from other real property or now or hereafter susceptible of transfer from this Property to ether real property; leases, licensee and other
<br />agraaments; rents, 'issues and profits; water, well, ditch, reservoir and minerat relrts and stocks pertaining to the royal property (cwnulative
<br />"Property "1; to lave and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and assigns, Until
<br />payment in full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor dons, 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: NO fee
<br />.bane
<br />1. OBLIGATIONS, This Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, g
<br />end wyenana of Borrower or Grantor (Cumulatively -Obligations") to Landur oursaarn to
<br />(a) this Dead of Trust and the foil w g promissory notes and other agreements „
<br />-. _ .. - --^m -^ �. _..,,'-^T"3".m','.',- rear. •._..:a... ""-'•3
<br />25,400.00 01/11/02 01/11/32 1 00003000026945
<br />I_
<br />(b) all other present or Lnure, written agreements with Lender that rater specifically to this Deed of Trust (whether executed nr the same
<br />or different purposes than the foregoing);
<br />Ic) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(d) tenure advances, whether obligatory or at IT One 1, to the same extent as if made comamptenenusly with the execution of this Deed of
<br />Trust, made or extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit, the lien of this
<br />Deed of Trust shall continue until payment in full of all debt due under the lino notwithstanding the fact that from time to time (but before
<br />termination of he lineal no balance may be outstanding. At ire time during the tern of this Dead of Trop or any extension thereof hall th f
<br />unpaid and outstanding secured principal future advances, not Including sums advanced b Lender to rotect the security of
<br />Trust, exceed the following amount: 6 as,sae.ic This provision shall not constitute an obligation upon or commitment of Lender
<br />to Tom additional advances or leans to Grantor; and
<br />(e) all a endename extensions, renewals, nmdiflcatlons, replacements or subatltutian. 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, WABBANTIE6 AND COVENANTS. Grantor represents, warrants and covenants to Lender that:
<br />(a) Grantor his fee simple marketable title to the Property and shall mfame n the Property tree of all liens, satUit, Interests, Nocuor brances
<br />and claims except far this Deed of Trust and those described in Schedule B, which Is attached In this Dead Of Trust and incorporator] herein
<br />by reference, winch Grantor agrees to pay and perform 1n a timely manner;
<br />b) Grantor is n Compliance In all respects with ail applicable federal, state and local matter and regulations. ntalLaw without limitation,
<br />(hose relating to ” Hazardcus Materials," as defined herein, antl other environmental matters (the "Environmental Lews "), anti neither the
<br />federal government no, any ether governmental or quasi gnvemmamal entity has filed a lien an the Property, nor are Iheri any
<br />governmental, judicial or administration actions with respect to environmental matters pending, or to the best ar part Grantor's kno generated,
<br />threatened, which involve the Property. Neither Grantor nor, to the beat of Grantor's knowledge, any y
<br />released. discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any
<br />fazadous Materials to or from the Property Grantor shall not commit er permit Such actions to be taken In the future. The term
<br />"Nazarduus Materials" shall mean any substance, mffierial, or waste which is or became. regulated by any governmental authority
<br />including, but not limited to, lit petroleum; iii) friable or nonfroule asbestos; Iii) P.IyCNOrinaatl biphanyls; (iv) those substances, materiels
<br />aste5 but no I a a "h IT petrol substance" purs'uantin Section 311 of the Clean Water Act or listed purauent to Friction 307 Of the
<br />Or CI vu Water Act Or any amendments or replacemens to these statutes; (v) those substances, materials or wastes defined as a "hazardous
<br />ism" pursuant t0 Section 1004 at the Resource C.marven.la and Recovery Act or any amendments or replacements to that staate; and
<br />Ivg those substances, materials or wastes defined as A "hazardous substance" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state o
<br />tenant)or subtenant wlmse agrarian
<br />perational may r..u� in conmminat o0 of the Property whlG )hazardous Materials or toxic substances; roperty to a
<br />Pagel of6
<br />NMOT HS1 so, 1190
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