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..~ <br />~~ <br />fV <br /> <br />~ <br />^'""~~ M = <br />m ~.. <br />~ s ; •r <br />~, <br />n = <br />z m <br />~ ~ ~ <br />~ c~ c.~~ <br />~ .~ <br />~ <br />m <br /> <br />~'~ <br />N n ~ ~, ~ ~ ,~ r7, ~ m <br />~,, <br />w ~ Z `~ ~ <br />n~ t~ ca ~ ~ p <br /> tv ~ <br />~ <br />~~"i^ <br />~ <br />n ~ <br />m Tl... <br />`~sa <br />..,~ ~ r~-r <br />rr. Cs7 <br />C~ v~ <br /> ~ <br /> <br />- - _. ~ N ~ <br /> C77 ~ W <br />Z <br />LOAN NUMBER; O1S0293S6Q <br />(Space Abnvc This Line Por Recording Data) <br />~~ <br />~~ <br />COMMERCIAL REAL ESTATE DEED OF "I'1tUST <br />This COMMERCIAL REAL ESTATE DEED QF TRUST ("Security Instrument") is made on June 12, 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 Bank whose address is 1235 'N' St / P.O. Box <br />83009, Lincoln, Nebraska 68501 ("Trustee"). The beneficiary is TierOne Bank whose address is PO Box 5018 / <br />700 N Webb RI), 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 Seventy-five Thousand Five Hundred and 00/100 Dollars ($75,500.00) ("Maximum <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 />County of Hall, State of Nebraska: <br />Address: 409 W 11th St, Grand Island, Nebraska 68801 <br />Legal Description: Lot Two (2), Block Twenty Four (24) Russel Wheeler's Addition to the City of Grand <br />Island, Hall County, Nebraska. <br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, <br />tenements, hercditaments, 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 />dcscribcd 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 pa}~nents, and timber which may now or later be located, situated, or <br />affixed on and used in connection therewith (hereinafter called the "Property"). <br />RELA"1"ED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agrccmcnts, <br />prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions, <br />guaranties, environmental agrccmcnts, subordination agreements, assignments of leases and rents and any other <br />documents or agrccmcnts executed in connection with this Security InstrumenC whether now or hereafter existing. <br />The Rclatcd Documents arc hcrcby made a part of this Security Instrument by reference thereto, with the same <br />force and effect as if fully set forth herein. <br />INDEB7"EDNESS. Thrs Security Instrument secures the principal amount shown above as maybe 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 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 itselt; its heirs, personal representatives, successors, and assigns, represents, <br />warrants, covenants and agrees with bender, 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 Rclatcd 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 hcrcby 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 />~> 2U04~~2008 Copyright Compliance Systems, Inc. G3C7-297A - 2W8.12282 www.compliuncesyslems.cnm <br />Commercial Rcal Estate Security Instrument ~ UL4007 Page I of 5 8W-968-8522 -Fax 61(.956-18(8 <br />