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<br />
<br />LOAN NUMBER: 1449285
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on January 22, 2009
<br />by the grantor(s) K.D.K. ENTERPRISES, L.L.C., a Nebraska Limited Liability Company, whose address is
<br />216 N Cedar St, Grand Island, Nebraska 68801 ("Grantor"). The trustee is Union Bank and Trust Company
<br />whose address is PO Box 5166, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Union Bank &
<br />Trust 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 Thousand and 00/100 Dollars ($50,000.00) ("Maximwn
<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 />Register of Deeds of Rail County, Nebraska, State of Nebraska:
<br />
<br />Address: 407 S Thebe St, Cairo, Nebraska 68824
<br />Legal Description: Lot 4, Block 18, of the Original Town of Cairo, Hall County, 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 />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 />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.
<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 and Karen M Riley and Richard H
<br />Baasch Sr to Lender, howsoever created or arising, whether primary, secondary or contingent, together with any
<br />interest or charges provided in or arising out of such indebtedness, as well as the agreements and covenants of this
<br />Security Instrument and all Related Docwnents (hereinafter all referred to as the "Indebtedness"). INCREASED
<br />MAXIMUM PRINCIPAL INDEBTEDNESS: Grantor hereby acknowledges that the principal amount
<br />shown above will automatically be increased by any future advances or other Indebtedness of the Grantor
<br />to the Lender. Notwithstanding the foregoing, the p'l}!e,,~e that the total amount which is secured by
<br />this Security Instrument shall not exceed $IOO,OOO.OO~f1j( (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 />
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<br />02004-2007 Copyright Compliance Systems. Inc. 6gE7-g893 - 2008.02.240
<br />Commercial Real Estate Security Instrument - DL4007
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<br />www.compliancesystems.com
<br />800-968-8522 - Fax 616.956-1868
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