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<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on July 20,2006 by <br />K D K Enterprises LLC, a Limited Liability, whose address is 216 N Cedar St, Grand Island, Nebraska 68801 ; <br />the grantor(s) ("Grantor"). The trustee is Union Bank and Trust Company whose address is PO Box 5166, <br />Grand Island, Nebraska 68802 , ("Trustee"). The beneficiary is Union Bank & Trust Company whose address <br />is 2008 North Webb Road, Grand Island, Nebraska 68803 ("Lender"), which is organized and existing under the <br />laws of the state of Nebraska. Grantor in consideration of loans extended by Lender up to a maximum principal <br />amount of Fifty.eight Thousand Seven Hundred One and 06/100 Dollars ($58,701.06) ("Maximum Principal <br />Indebtedness"), and for other valuable consideration, the receipt of which is acknowledged, irrevocably grants, <br />conveys and assigns to Trustee, in trust, with power of sale, the land and property described below: <br /> <br />Address: 1219 W 11th St, Grand Island, Nebraska 68801 <br />Legal Description: The East Fifty and Eight~tenths Feet (50.8') of Lot Three (3) in Block Twelve (12) of <br />Gilbert's Addition to the City of Grand Island, Hall County, Nebraska <br /> <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, water wells, ditches, reservoirs, reservoir <br />sites and dams located thereon and all riparian and water rights and water stock associated therewith, payment <br />awards, amounts received from eminent domain, amounts received from any and all insurance payments, and <br />timber which may now or later be located, situated, or affixed on and used in connection therewith (hereinafter <br />called the "Property"). <br /> <br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, <br />prior mortgages, business loan agreements, construction loan agreements, resolutions, guaranties, environmental <br />agreements, subordination agreements, assignments of leases and rents and any other documents or agreements <br />executed in connection with this Security Instrument whether now or hereafter existing. The Related Documents <br />are hereby made a part of this Security Instrument by reference thereto, with the same force and effect as if fully <br />set forth herein. <br /> <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 Grantor to Lender, howsoever created or arising, <br />whether primary, secondary or contingent, together with any interest or charges provided in or arising out of such <br />indebtedness, as well as the agreements and covenants of this Security Instrument and all Related Documents <br />(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 Indebtedness of the Grantor to the Lender. <br />Notwithstanding the foregoing, the parties agree that the total amount which is secured by this Security <br />Instrument shall not exceed $117,402.12 (Initials) <br /> <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 the Lender is obligated to make such future <br />advances. <br /> <br />CROSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collateralize all of its <br />Indebtedness and obligations to the Lender, howsoever arising and whensoever incurred. <br /> <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 /> <br />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this <br />Security Instrument and Related Documents in accordance with the terms contained therein. <br /> <br />Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor is lawfully <br />seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the <br />Property. Grantor covenants that the Property is unencumbered and free of all liens, except for encumbrances <br />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally <br />co 2004-2006 Copyright Compliance Systems, Inc. 6934-0030 - 2006.02.146 www.compliancesystcms.com <br />Commercial Real Estate Securitylnstrumen, - 0lA007 Page 1 of5 800-968-8522 - Fax 616.956-1868 <br /> <br />("" <br />~," <br />