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~~ <br />.~~ <br />~ <br />m ~ <br />' ~.,> <br />~ z ~ r~ cn rn <br /> r ~G n = c ~ <br />Z <br />~ I~ "'~" <br />~ .I.~ <br />~ <br />~ <br />7C ~ <br />~ <br />~ <br />x -~ - <br />I <br />1'V fT'1 <br /> ' <br /> ~~w ~ <br />"~~ ~ +~ ~ b ~T ~ ~ ~j ~ <br /> <br />W "'ti` <br />~ <br />_ 2 rrl <br />~ ' lT <br />T ~ A C_t] ~7 <br /> <br />~~ <br />~ ;` <br />~ <br />~ <br />~ <br />G7 ~7 <br />~ Cn CJ7 <br />'~ 17 <br />~ .. ~ (V <br /> • ~ A a <br /> ` <br /> y~ <br />~ ti`a <br />~h+ <br /> . <br />. <br /> Z <br /> v <br />LOAN NUMI3F,R: 01 80288917 <br />(Space Above This Line For Recording Data) <br />~~ <br />~~ <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />This COMMhRCTAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on May 29, 2009 by <br />the grantor(s) Housing Development Corporation, a Nebraska Corporation, whose address is 301 S Burlington, <br />Hastings, Nebraska 68901 ("Grantor"). The trustee is TierOne Sank whose address is 1235 'N' St / A.O. Box <br />83009, Lincoln, Nebraska 68501 ("Trustee"). The bcncticiary is TierOne Bank whose address is PO Box 5018 / <br />700 N Webb RD, Grand Island, Nebraska 68802-5018 ("Lender"), which is organized and existing under the <br />laws of United States of America. Grantor in consideration of loans extended by Lender up to a maximum <br />principal amount of One Hundred Thousand Three Hundred Twelve and 73/100 Dollars ($100,31.2.73) <br />("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of whichts acknowledged, <br />irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the following described property <br />located in the County of Hall, State of Nebraska: <br />Address: 112 W 20th St, Grand Island, Nebraska 68803 <br />Legal Description: I~ot Twenty Five (25), Block One (l), Knickrehm Addition to the City of Grand Island, <br />Hall County, Nebraska <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 />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, subordrnatron agreements, assignments of leases and rents and any other <br />documents or agreetents executed in connection with this Security Instrument whether now or hereafter existing. <br />The Related C)vcuments are hereby made a part of this Security Instrument by reference thereto, with the same <br />force and effect as i f fully set forth herein. <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 />FUTURE ADVANCES. To the extent permitted bylaw, 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 />maybe no balance due under the note and regardless of whether Lender is obligated to make such future advances. <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 />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 />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 />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 />the title to the Property against any and all claims and demands whatsoever, subject to the easements, <br />6J 2(k)A-2(K)k Copyright Complinncc Systcmc, Ine. 6707-OFfi9 - 200k.12.2k2 www,complianecsystems~cam <br />Comnxrciul Renl Eztate Security In6lrurnent - DLA007 Puge I of5 k00-96k-kS22 - Fxz 616-956-Ik6k <br />