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..~ <br />~ti,. <br />~ ~~ • ~- ~ ~ <br />~-_ ~~~ <br />v ~ <br />~~ ~~~~ <br />~~ ~ (~ °~' <br />.,.....~ ~ (N ~1 ~, <br />...~...~ <br />~~~~ <br />..~ ~. ~ <br />G <br /> n ~7 <br /> m <br /> <br />~ . r ~ .`..~~ ~ ~ ~ tU <br />~ ® xf <br />~ ' <br />~ D ~" ~ <br />'= ~ .~ ~ c~ v <br /> = ° <br />~~ ~ © <br />~C ~ <br />, fV 4 ~ <br /> C~7 <br /> o ~ ~ r~i Z <br /> rn --~ Tr CA ~ <br /> . " <br /> `'' 1 ~ " ~ <br />~ CI <br />1 ~ <br /> O U7 <br />H-+ <br />cn <br /> <br />C <br />~ ~ <br /> ~ . ~ <br /> n ~ :~ <br /> ~ <br /> r c~ c~ --i <br /> v~ Z <br /> O <br />LOAN NUMBER: 1154 <br />(Space Above This Line For Recprding Data) <br /> <br /> <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on dune 11, 2009 by <br />the grantor(s) Grand Island Commercial Ventures, L.L.C., a Nebraska Limited Liability Company, whose <br />address is 429 Industrial Lane, Grand Island, Nebraska 68803 ("Grantor"). The trustee is Union Sank and <br />Trust Company whose address is 4243 Pioneer Woods Drive, Lincoln, Nebraska 68501 ("Trustee"). The <br />beneficiary is Union Bank & Trust Company whose address is 3643 South 48th Street, PO Box 82535, Lincoln, <br />Nebraska 68501-2535 ("Lender"), which is organized and existing under the laws of the State of Nebraska. <br />Grantor in consideration of loans extended by Lender up to a maximum principal amount of One Million and <br />00/100 Dollars ($1,000,000.00) ("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: Hwy 30 & Webb Road, Grand Island, Nebraska 68803 <br />Legal Description.: Lots 1, 2 and 3, in Commercial Industrial Park Fifth Subdivision to the City of Grand <br />Island, Hall County, Nebraska, according to the recorded plat thereof -AND- The Southerly 37.6 feet of Lot <br />7 and the Northerly 42.4 feet of Lot 8, in Commercial Industrial Park Subdivision to the City of Grand <br />Island, Hall County, Nebraska, according of the recorded plat thereof. <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 ripariaiz, appropriate or otherwise, and whether or not appurtenant to the abave- <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 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 and Strobel Starostka Construction, <br />LLC to Lender, howsoever created or arising, whether primary, secondary or contingent, together with any interest <br />or charges provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security <br />Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness"). INCREASED <br />MAXIMUM PRINCIPAL INDEBTEDNESS: Grantor hereby acknowledges that the principal amount <br />shown above will automatically be increased by any future advances or other Indebtedness of the Grantor <br />t4 ElreLegc4~r. 1~'otwithstandin~ the foregoing,-the parties,.~gnee that the total.,amount_whicb is secured by <br />this Security Instrument shall not exceed $2,000,000.00. ~_(Initials) <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, for itself, its heirs, personal representatives, successors, and assigns, represents, <br />warrants, covenants and agrees with Lender, its successors and assigns, as follows: <br />i~ 2004-2008 Copyright Compliance Systems, Inc. 63C7-FF.9C - 2008.12.282 www.complianccsystcros.com <br />Commercial Real Estate Security Instrument - DL4007 Pagc 1 of 5 800.968.8522 -Fax 616.956.1868 <br />