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<br />(Space Above This Line For Recording Data)
<br />
<br />LOAN NUMBER: 1411970
<br />COMMERCIAL REAL EST ATE DEED OF TRUST
<br />.. n_._ __
<br />
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on April 15, 2008 by
<br />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 PO Box 5166, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Union Bank & Trust
<br />Company whose address is 2008 North Webb Road, Grand Island, Nebraska 68803 ("Lender"), which is
<br />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 Fifty-eight Thousand Five Hundred and 00/100 Dollars
<br />($58,500.00) ("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 />
<br />Legal Description: The Easterly Sixty (E 60) feet of Lot Seven (7), Block Nine (9), Original Town of Grand
<br />Island, Hall County, Nebraska, according to the recorded plat thereof
<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, 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 />
<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 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 />
<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 $58500.00. G'i}':"- (Initials)
<br />""'I' ts
<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 />
<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 />
<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 />02004-2007 Copyright Compliance Sy.tem., Inc. 68E7-376F - 2008,02.240
<br />Commercial Real E.tate Security In.trument - DL4007
<br />
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