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<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
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