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<br />__5\;,..7__. __. 'C.OMMERCIALREAL'ESTATEDEEDOFTl<ui:t~Wf3'A CH3
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<br />\..;._,ThisCOMMERClAL REAL ESTATE DEED OF TRUST ("Security Instrument") i::de o~ A~il211' 2008 bv <M3j:f
<br />,the grantor(s) Alan L Baade, Husband, whose addres~ is 5500 Saltillo Road, Koca, Nebras a 68430 ; and MftUT3S1
<br />:. Laurel D Baade, Wife, whose adchc::;$ b. 33681htttilhrRoad;.Itoca, Nebraska 684"t \ uli:tlllUl ). 1 Il~ trUslee IS
<br />Union Bank & Trust Company whose address is 3643 South 48th Street, Lincoln, ~l,.~6h... ~1t)8J \ T.u"'(c~ ).
<br />The beneficiary is Union Bank & Trusr~anfWhose address is 3643 South 48th Street, PO Box 82535,
<br />Lincoln, Nebraska 68501-2535 ("I..enrlpr"), ",~bkb i" m:ganlZed and existing under the laws of the state of Nebraska.
<br />i '} iGrant~r(in eqnsideration of loans extended b~ Lender up to.a maximum principal amount of Seven Hundred
<br />. \ 'Itighteen Thousand Four Hund'ted li'ul'ty-four-and-661100 Dollars ($718,444.00) ("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 />Legal Description: SEE EXHIBIT A HEREWITH A TT ACHED
<br />Property Size: 1233 acres.
<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 c()n:ting~nt,__t<?get4er with al}y int~rest or chargesprovi~ed in or arising outQf such
<br />indebtedness, as well as the - agreements and covenants .of tllls Security Insiiument. 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 pa9ii~ a~r.\ihat the total amount which is secnred by this Security
<br />Instrument shall not exceed Sl,436,888J:tl,2. ~ _ (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 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 />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 />tbe title to the Property against anY-Jlnd all claims and demands whatsoever, .subject to the easements.,
<br />restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of
<br />exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest in the
<br />Property.
<br />
<br />Condition of Property. Grantor promises at all times to preserve and to maintain the Property and every
<br />part thereof in good repair, working order, and condition and will from time to time, make all needful and
<br />proper repairs so that the value of the Property shall not in any way be impaired.
<br />
<br />Removal of any Part of the Property. Grantor promises not to remove any part of the Property from its
<br />present location, except for replacement, maintenance and relocation in the ordinary course of business.
<br />
<br />Alterations to the Property. Grantor promises to abstain from the commission of any waste on the
<br />Property. Further, Grantor shall make no material alterations, additions or improvements of any type
<br />
<br />tel 2004-2007 Copyright COlIll'lianee Sy'tems, Ine. 68E7-18DD - 2008.02.240
<br />COllmlCrcial Real E'tate Seeurity Instrument - DU007
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