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THIS INSTRUMENT PREPARED BY: <br />Union Bank and Trust Company <br />C O Y. Pdi3 )( 674 <br />Grand Island, NE.68803-0 e 9 - a . 2 <br />AFTER RECORDING RETURN TO: <br />Union Bank and Trust Company <br />2008 N Webb Road <br />Grand Island, NE 68803 <br />(Space Above This Line For Recording Data) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ( "Security Instrument ") is made on February 13, 2013 <br />by the grantor(s) D & A Investments, L.L.C., a Nebraska Limited Liability Company, whose address is 216 N <br />Cedar St, Grand Island, Nebraska 68801 ( "Grantor "). The trustee is Union Bank and Trust Company whose <br />address is 2008 North Webb Road, Grand Island, Nebraska 68803 ( "Trustee "). The beneficiary is Union Bank <br />& Trust Company whose address is 2008 North Webb Road, Grand Island, Nebraska 68803 ( "Lender "), which <br />is organized and existing under the laws of the State of Nebraska. Grantor in consideration of loans extended by <br />Lender up to a maximum principal amount of Forty - five Thousand Eight Hundred Seven and 33/100 Dollars <br />($45,807.33) ( "Maximum Principal Indebtedness "), and for other valuable consideration, the receipt of which is <br />acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the following <br />described property located in the County of Hall, State of Nebraska: <br />Address: 407 Thebe St, Cairo, Nebraska 68824 <br />Legal Description: Lot Four (4), Block Eighteen (18), Original Town of Cairo, Hall County, Nebraska <br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, <br />tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description <br />and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or <br />otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above - <br />described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites, <br />storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in <br />connection with the above - described real property, payment awards, amounts received from eminent domain, <br />amounts received from any and all insurance payments, and timber which may now or later be located, situated, or <br />affixed on and used in connection therewith (hereinafter called the "Property"). <br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, <br />prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions, <br />guaranties, environmental agreements, subordination agreements, assigmnents of leases and rents and any other <br />documents or agreements executed in connection with this Security Instrument whether now or hereafter existing. <br />The Related Documents are hereby made a part of this Security Instrument by reference thereto, with the same <br />force and effect as if fully set forth herein. <br />INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a <br />promissory note or notes of even, prior or subsequent date hereto, including future advances and every other <br />indebtedness of any and every kind now or hereafter owing from Borrowef to Lender, howsoever created or <br />arising, whether primary, secondary or contingent, together with any interest or charges provided in or arising out <br />of such indebtedness, as well as the agreements and covenants of this Security Instrument and all Related <br />Documents (hereinafter all referred to as the "Indebtedness "). INCREASED MAXIMUM PRINCIPAL <br />INDEBTEDNESS: Grantor hereby acknowledges that the principal amount shown above will <br />automatically be increased by any future advances or other Lidebtedness of the Grantor or Borrower to <br />the Lender. Notwithstanding the foregoing, the parties agree that the total amount which is secured by this <br />Security Instrument shall not exceed $91,614.66 QJ} , (Initials) <br />FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if <br />such advances were made on the date of this Security Instrument regardless of the fact that from time to time there <br />may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. <br />CROSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collateralize all of its <br />Indebtedness and obligations to Lender, howsoever arising and whensoever incurred. <br />WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, <br />warrants, covenants and agrees with Lender, its successors and assigns, as follows: <br />® 2004 -2011 Compliance Systems, Inc. COFO -2632 - 2010LI.15.441 <br />Commercial Real Estate Security Instrument - DL4007 Page I of 5 www.compliancesystems.com <br />NJ <br />O <br />--I <br />0 <br />