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<br />200709123
<br />
<br />(Space Above This Line For Recording Data)
<br />
<br />LOAN NUMBER: 0109251554
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on October 24, 2007
<br />by HAROLD J GREEN III, whose address is 928 E OKLAHOMA AVENUE, Grand Island, Nebraska 68801 ;
<br />and BARBARA K GREEN, husband and wife, whose address is 928 E OKLAHOMA AVE, Grand Island,
<br />Nebraska 68801 the grantor(s) ("Grantor"), The trustee is TierOne Bank whose address is 1235 'N' St / P.O.
<br />Box 83009, Lincoln, Nebraska 68501 , ("Trustee"). The beneficiary is TierOne Bank whose address is 1235 'N'
<br />St / PO Box 83009, Lincoln, Nebraska 68501 ("Lender"), which is organized and existing under the laws of
<br />United States of America. Grantor in consideration of loans extended by Lender up to a maximum principal
<br />amount of Four Hundred Thirty-seven Thousand Six Hundred and 00/100 Dollars ($437,600.00) ("Maximum
<br />Principal Indebtedness"), and for other valuable consideration, the receipt of which is acknowledged, irrevocably
<br />grants, conveys and assigns to Trustee, in trust, with power of sale, the following described property located in the
<br />COUNTY of HALL, State of Nebraska:
<br />
<br />Address: 715 W 5TH STREET, Grand Island, Nebraska 68801
<br />Legal Description: Lots Two (2), Three (3) and Four (4), in Block Seventeen (17), Rollins' Addition to the
<br />City of Grand Island, Hall County, Nebraska, and Fractional Lot Two (2) and Fractional Lot Three (3),
<br />both in Block One Hundred Eleven (111) in Railroad Addition to the City of Grand Island, Hall County,
<br />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 (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, weB 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 />
<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, assignments ofleases 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 iffully 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 datc hereto, including future advances and every other
<br />indebtedncss 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").
<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 duc 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 />@2004.2006 Copyright C(ttllpliance Syotem;, Inc" 340A-92A7 - 2006.11.182
<br />Comtur:rcial Real Estate Security ImtrlDIlcn 7 DL4007
<br />
<br />Page 1 of5
<br />
<br />www.complianccBystems.com
<br />800.96X.1l522 - Fax 616.956.1868
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