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<br />N <br />CSl <br />CSl <br />OJ <br />CSl <br />OJ <br />-.....J <br />CSl <br />...... <br /> <br /> <br /> <br />4\~~~ <br />~ a 0 r <br />~lrf . <br />VI e <br />'S"lJ\ <br />~ C ~. <br />z.""3 <br />('1\. <br />\;' <br />~ <br />~ <br />'" <br />I <br /> <br />~ <br />m <br />-n <br />c: <br />('l Z <br />~E~ <br />Q:c <br /> <br />~~ <br />n:c <br />'" <br /> <br />c:::> <br />= <br />--l <br /> <br />....... <br />-c <br /> <br />o <br />., <br /> <br />:z <br />::r: Pl <br />~ ~IJ <br />I ::0 <br />r~ <br />Ul <br />;:><:; <br />l> <br /> <br />i~ ......3 <br />0:-0::> <br /><.=> <br />ClC) <br /> <br />('".1 UJ <br />o -j <br />c: l> <br />z-l <br />--jnl <br />-< <br />o <br />.." <br /> <br />~. <br />::0 ;;-, <br />~Ji: <br /> <br />o"""'t <br />", <br /> <br />~ t~\ <br />rt1 t <br />o <br />(JJ <br /> <br />'-.J <br />~ <br />~ <br />C> <br /> <br />-u <br />::3 <br /> <br />......... <br /> <br />......... <br />-.J <br /> <br />(f) <br />en <br /> <br />- "--' <br /> <br />VI <br />() <br />..... <br />~ <br /> <br />200808701 <br /> <br />(Space Above This Lifle For Recording Data) <br /> <br />tOANNOMBER: 0150285091 <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br /> <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Sccurity Instrument") is made on September 16, <br />2008 by the grantor(s) Tommy L Ummel Jr, Husband, whose address is 1475 S Gunbarrel Rd, Grand Island, <br />Nebraska 68801 ; and Cary K Ummel, Wife, whose address is 1475 S Gunbarrel Rd, Grand Island, Nebraska <br />68801 ("Grantor"). The trustee is TierOne Bank whose address is 1235 'N' St I P.O. Box 83009, Lincoln, <br />Nebraska 68501 ("Trustee"). The beneficiary is TierOne Bank whose address is PO Box 5018 /700 N Webb RD, <br />Grand Island, Nebraska 68802-5018 ("Lender"), which is organized and existing under the laws of United States <br />of America, Grantor in consideration of loans extended by Lender up to a maximum principal amount of Forty- <br />four Thousand and 00/100 Dollars ($44,000.00) ("Maximum Principal Indebtedness"), and for other valuable <br />consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, <br />with power of sale, the following described property located in the County of Hall, State of Nebraska: <br /> <br />Address: 248 SPine St, Grand Island, Nebraska 68801 <br />Legal Description: Lot Two (2), Hann's Fifth Subdivision, In 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, 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 />amountneceived 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 />RELA TED DOCUMENTS. Thc 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"). <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 />W ARRANTlES. 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. GfbhWr promises' 'to perform aU terins,cOnditions,-.andcovenants 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 ofthis 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 />ofrecord acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally <br />the title to the Property against any and all claims and demands whatsoever, subject to the easements, <br /> <br />III 2004.2007 Copyright Compli.nee Syslems, I"". 6RE7-C8oo - 2008.02.240 <br />Commercial Real Estate Security Inslrumt:nl - DL4007 <br /> <br />www.compliancesystems.com <br />800.968.8522. 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