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<br />
<br />LOAN NUMBER: 0150285702
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on February 23, 2009
<br />by the grantor(s) Jonathan T Enck, A Single Person, whose address is 1603 N Taylor, Grand Island, Nebraska
<br />68803 ("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 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 Fifty.
<br />six Thousand Eight Hundred and 00/100 Dollars ($56,800.00) ("Maximum Principal Indebtedness"), and for
<br />other valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to
<br />Trustee, in trust, with power of sale, the following described property located in the County of Hall, State of
<br />Nebraska:
<br />
<br />Address: 2517 Pioneer Blvd, Grand Island, Nebraska 68801
<br />Legal Description: Lot 14, Block E, Park View Subdivision, in the City of Grand Island, Hall County,
<br />Nebraska.
<br />
<br />Together with all casements, 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 arc 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 ITom Grantor and Patricia A Enck to Lender,
<br />howsoever created or arising, whether primary, secondary or contingent, together with any interest or charges
<br />provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security
<br />Instrument and all Related Documents (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 ITom 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 />scised 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 ITee of all liens, except for encumbrances
<br />of record 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 />02004-2008 Copyrighl Compli~nl,:1; S)'!)tem..., Inc. ti3C7-RIC8 - 2008.12,282
<br />Commctdal Rta] EStute SC:l,:urity Inslrument - Dl4007
<br />
<br />P~gc I of5
<br />
<br />wWw .l;ornrlianl,:t,:sy~tcms.(':ol1l
<br />800-968-8522 - Fux 616-956-1868
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