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~~. <br />.~,..^~ <br />~~ <br />~~ <br />~ ~ <br />~ ~~ <br />`~ .~ <br />~ ~ <br /> <br />W ~~ <br /> <br />~~ ~. <br />4 <br />i <br />m <br />n <br />7C <br /> <br /> <br />v <br />m <br />n <br />~~ <br />~- <br />a <br />(Space Above This Line For Recording Bata) <br />r.~ <br />cep <br />m -p <br />rn ~ <br />u~ <br />t. <br />can <br />~7 cs <br />~~ _ ~ <br />LOAN NUMI3.ER: 16372100 <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />c~.cn <br />C? ~ <br />~ ~ <br />z ~ <br />~ rn <br />~ a <br />~~ <br />~~ <br />rr, <br />~. <br />r~' ~ <br />r v~ <br />aY <br />u> <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on August 31, 2009 by <br />the grantor(s) Craig E. Ensley, aad Karen K. Ensley, Husband and Wife, whose address is PO Box 5822, <br />Grand Island, Nebraska 68802 ("Grantor"). The trustee is Arend R. Baack, Attorney whose address is P.O. <br />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 Two Hundred Thirty Thousand and <br />00/100 Dollars ($230,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, tlae <br />receipt of which is acknowledged, irrevocably grants, conveys and assigns to 'T'rustee, in trust, with power of sale, <br />the following described property located in the County of Hall, State of Nebraska: <br />Address: 204 Gold Rd, 3724 and 3728 W. Old Hwy 30, Grand Island, Nebraska 68803 <br />Legal Description: LO'T' EIGIIT (8), WESTGA'1'E 6TH SUBDIVISION IN TIIE CITY OF CRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />LO'CS 7 & 8 IN REUTINGS FIRST SUBDIVISION, CITY OF GRAND ISLAND, HALT COUNTY, <br />NEBRASKA. <br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, <br />tenements, hereditaments, equipment, rents, income, profits and royalties, personal goads 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 stack 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 anal 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 Karen K. Ensley to Lender, <br />howsoever created or arising, whether primary, secondary or contingent, together with any interest or charges <br />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"). <br />FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if <br />such advances were made an t}ae date of this Security Instrument regardless of tl~e fact drat 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 COLLATERALIlATION. It is the expressed intent of Grantor to crass 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 Ohligatlons. Grantor promises to perform all terms, conditions, and covenants of this <br />Security Instniment 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 tlae estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the <br />(i9 2Uf14-2009 Compliance Systems, Inc. 09A4-78bA - 2U09.U4,S7 <br />Commercial RZFd Fslale Security Inshvment • 6L4007 Page I of 5 www.cmnplinncasystems.cnrn <br />m <br />z <br />t'~ <br />~~ <br />~~ <br />~z <br />~~ <br />~ C <br />'`..' m <br />rn <br />c~a ~ <br />O <br />~~ <br />~ =' ca <br />