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<br />LOAN NUMBER: 16341-100
<br />(Space Above This Line For Recording Data)
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on June 4, 2009 by the
<br />grantor(s) GMS ENTERPRISES, L.L.C., a Nebraska Limited Liability Company, whose address is 5050 South
<br />Elk Drive, Grand Island, Nebraska 68803 ("Grantor"). The trustee is Arend R. Baack, Attorney whose address
<br />is P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings &
<br />Loan Association of Grand Island whose address is 221 South Locust Street, Grand Island, Nebraska 6$801
<br />("Lender"), which is organized and existing under the laws of United States of America. Grantor in consideration
<br />of loans extended by Lender up to a maximum principal amount of One Hundred Seventy-five Thousand Nine
<br />and 04/100 Dollars ($175,009.04) ("Maximum Principal Indebtedness"), and for other valuable consideration, the
<br />receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale,
<br />the following described property located in the County of Hall, State of Nebraska:
<br />Address: 5050 South Elk Drive, Grand Island, Nebraska 68803
<br />Legal Description: Lot Two (2), Wildwood Second Subdivision, 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; ~`re~scF~-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, 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 />farce and effect as if 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 />MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on June 1, 2024.
<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 />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 />¢3 2004-2D08 Copyright Comphanee Systems, inc. 63C7-CSFB - 2008.12.282 vrnw.camplianeesystems.com
<br />Commercial Real Estate Security Instrument - DIADO7 Page I of 5 800-968-8522 -Fax 616-956-1868
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