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~^ <br />...~... <br />.~^. <br />~^ <br />N ~ <br />CQ ~ <br />~= <br />~ ~ <br />N <br />T <br />~~ <br />~ -~ <br />t~ "rn <br />~ ~ "1 <br />t--~ a rn <br />o0 <br />~~~ <br />'} <br />e ~ <br />rn <br />0 <br />N <br />`l~,t <br />Z <br />.~. <br />aC! <br />~a <br />m~ <br />~- <br /> <br /> ~ <br /> °~ <br /> <br />~ v ~ <br /> <br /> ~ ~ <br />A ' <br />~ _ (~ <br /> <br />(Space Above This Line For Recording pats) <br />.mss <br />~_~ <br />~ e~ <br />~~ <br />rr, _~ <br />C~ ~~ ~ <br />-n --~ <br />~~ <br />-~ <br />m ~ <br />cn <br />f-~ <br />Cfi <br />LOAN NUMBER: 10424100 <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />FUTURE ADVANCES AND FUTURE OBLIGATIONS ARE SECURED BY THIS REAL ESTATE DEED <br />OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on June 16, 2009 by <br />the grantor(s) Kenneth L. Frederick, and Agnieszka B. Frederick, Husband and Wife, whose address is 51 <br />Sonja Drive, Doniphan, Nebraska 68832 ("Grantor"). The trustee is Arend R. Baack, Attorney whose address is <br />P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings & Loan <br />Association of Grand Island whose address is 221 South Locust Street, Grand Island, Nebraska 68801 <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 Sixty Thousand and 00/100 Dollars <br />($60,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which is <br />acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the land and <br />property described below: <br />Address: Sl Sonja Drive, Doniphan, Nebraska 68832 <br />Legal Description: Lot Fifty-One (51), Amick Acres East Subdivision, Hall County, Nebraska <br />0 <br />N <br />O <br />c~ <br />C17 <br />Cl-t <br />C7 <br />N <br />m <br />m <br />~7 <br />m <br />O <br />a <br />C/] <br />m <br />z <br />Z <br />0 <br />~~~D <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, 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 />INDEBTEDNESS. This Security Instruunent 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 and Master Builder Associates, <br />Corporation to Lender, howsoever created or arising, whether primary, secondary ar contingent, together with any <br />interest or charges provided in or arising out of such indebtedness, as well as the agreements and covenants of this <br />Security Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness"). <br />MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on June 16, 2010. <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 />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, far 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 />a~ 2004-2008 Capyci8ht Compliance Systems, Inc. 63C7-8220 - 2008.12.282 <br />Commercial Rea! Estate Security Inatnunent - DIA007 Page 1 of 3 <br />www.complianccsystems.cam <br />800-968-8322 -Fax 61b-956-1868 <br />c ~ cn <br />Q~ <br />c a <br />~ --1 <br />~ m <br />~ ~ <br />C7 ~ <br />~ :' <br />~, <br />t:~ <br />~~ <br />r ~ <br />c!~ <br />v <br />