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<br />
<br />LOAN NUMBER: 1249720
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on November 30,
<br />2006 by Martinez Enterprises LLC, a Nebraska Limited Liability Company, whose address is 2716 Old Fair
<br />Road, Grand Island, Nebraska 68803 ; the grantor(s) ("Grantor"). The trustee is Union Bank and Trust
<br />Company whose address is PO Box 5166, Grand Island, Nebraska 68802 , ("Trustee"). The beneficiary is
<br />Union Bank & Trust Company whose address is 2008 North Webb Road, Grand Island, Nebraska 68803
<br />("Lender"), which is organized and existing under the laws of the state of Nebraska. Grantor in consideration of
<br />loans extended by Lender up to a maximwn principal amount of Seventy-five Thousand Seven Hundred Sixty
<br />and 00/100 Dollars ($75,760.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the
<br />receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale,
<br />the land and property described below:
<br />
<br />Address: 2716 Old Fair Road, Grand Island, Nebraska 68803
<br />Legal Description: Unit 2716, Island West Plaza Condominium Property Regime, in the City of Grand
<br />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 />'palled the "Property").
<br />
<br />RELATED DOCUMENTS. The words "Related Docwnents" 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, assignments 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 Docwnents 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 />
<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 pa~ ag~ee t~at the total amount which is secured by this Security
<br />Instrument shall not exceed $151,520.00~x. ~(lnitiaIS)
<br />
<br />FUTURE AnV ANCES. 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 COLLATERALlZATION. 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 />
<br />cQ 2004-2006 Copyright Compliance Systems, Inc. D291-ECfD - 2006,07, 166
<br />Corrunercial Real Estate Security Instrument. DIAOO'
<br />
<br />Page I of5
<br />
<br />www.compliancesysterns.com
<br />800-968-8522 - Pax 616-956-1868
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