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<br />LOAN NUMBER: 0150267736
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
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<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on November 13,
<br />2007 by Riehard M Stewart, Husband, whose address is 1407 Meadow Rd, Grand Island, Nebraska 68803 ;
<br />and Candace A Stewart, Wife, whose address is 1407 Meadow Rd, Grand Island, Nebraska 68803 the
<br />grantor(s) ("Grantor"). The trustee is TierOne Bank whose address is 1235 'N' St / P.O. Box 83009, Lincoln,
<br />Nebraska 68501 , ("Trustee"). The beneficiary is TierOne Bank whose address is PO Box 5018/700 N Webb
<br />RD, Grand Island, Nebraska 68802-5018 ("Lender"), which is organized and existing under the laws of United
<br />States of America. Grantor in consideration of loans extended by Lender up to a maximum principal amount of
<br />One Hundred Twenty-five Thousand and 00/100 Dollars ($125,000.00) ("Maximum Principal Indebtedness"),
<br />and for other valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and
<br />assigns to Trustee, in trust, with power of sale, the following described property located in the County of Hall,
<br />State of Nebraska:
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<br />Address: 4040 Stauss Rd, Grand Island, Nebraska 68803
<br />Legal Description: Lot Two (2), Garland Place, An Addition to the City of Grand Island, Hall County,
<br />Nebraska
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<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 permit,;, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites,
<br />storage right,;, 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").
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<br />RELA TED 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 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.
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<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").
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<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 fdct 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.
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<br />CROSS COLLATERALlZATlON. It is the expressed intent of Grantor to cross collateralize all of it,;
<br />Indebtedness and obligations to the Lender, howsoever arising and whensoever incurred.
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<br />WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents,
<br />warrants, covenants and ab'fees with Lender, its successors and assigns, as follows:
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<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.
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<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 exelusive 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
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<br />tJ 2004.2006 Copyright Compliance SYS1<n$, It". 340A.OOCC . 2006.11.182
<br />Commercial Real E~hl.te Se~\Jrity T~trument . DL4007
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<br />www.complianccsystem s ,ct~m
<br />800-968-8522 - f" 616-956-1868
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