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<br />200903135 <br /> <br />COMMERCIAL REAL EST A TE DEED OF TRUST <br />FUTURE ADVANCES AND FUTURE OBLIGATIONS ARE SECURED BY THIS REAL ESTATE DEED <br />OF TRUST <br /> <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on April 22, 2009 by <br />the grantor(s) Ann M. Beclunann, whose address is 6025 Gunbarrel Road, Grand Island, Nebraska 68801 ; and <br />Jamie J. Beckmann, as wife and husband, whose address is 6025 Gunbarrel Road, Grand Island, Nebraska <br />68801 ("Grantor"). The trustee is Union Bank and Trust Company whose address is PO Box 5166, Grand <br />Island, Nebraska 68802 ("Trustee"). The beneficiary is Union Bank & Trust Company whose address is 2008 <br />North Webb Road, Grandi Island, Nebraska 68803 ("Lender"), which is organized and existing under the laws of <br />the state of Nebraska. Grantor in consideration of loans extended by Lender up to a maximum principal amount of <br />Ninety~five Thousand and 00/100 Dollars ($95,000.00) ("Maximum Principal Indebtedness"), and for other <br />valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, <br />in trust, with power of sale., the following described property located in the Register of Deeds of Hall County, <br />NE, State of Nebraska: <br /> <br />Legal Description: The West Half of the Northwest Quarter (Wl/2NWl/4) and the Northeast Quarter of <br />the Northwest Quarter (NEl/4NW1/4) of Section Twenty (20), Township Nine (9) North, Range Nine (9) <br />West of the 6th P.M., Hall County, Nebraska, excepting certain tracts more particularly described in Book <br />17, Page 439 and in Document No. 82-004206. <br />Property Size: 123 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 ~~~gtro91 Grantor to Lender, howseevercreated-or1ltis1ng, <br />whether primary,:recondary or comtftgenf,Ufogether 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 pa~ag~ that the total amount which is secured by this Security <br />Instrument shall not exceed $190,000.00 ~ (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 agret~S 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 hen~by 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 />the title to the Property against any and 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 />J' <br /> <br />02004-2007 COPYl'ighl Compliance Systems, Inc. 68E7-E934. 2008.02.240 <br />Commercial Real Estate Security Instrument - DIAOO7 <br /> <br />Page 2 nf6 <br /> <br />www.compliancesystems.com <br />800-968-8522. Fax 616.956-\868 <br />