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~~ <br />~,~ ~ m <br />awl a ~ ~ - , cca p ~ CJ?~. <br />~ ~ ry ~ ~ ~ t7'1 <br />0 ~ n Z ~ Z ~ '~ ^C C7 ~ 0 <br />~ ~ ~ ~ ~ ~ ~ CJ7 ~ ~ ~_ <br />U~i ~~ ~ 7e ~: rn ~ ~ A ~ ~ Z <br />N ~^ Q ~' r x~ ~ <br />~ ~^ ~ ~ ~ ~ ~ ~ ~.1 <br />~_ ~ <br />.~~ cx~ rn ry --I <br />~~. ~„ Z <br />O <br />LOAN NUMBER: 9322117 <br />(space Above This Lane For Recording Data) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on September 15, <br />2009 by the grantor(s) Housing Development Corporation, a Nebraska Corporation, whose address is PO Box <br />1005, Hastings, Nebraska 68902 ("Grantor"). The trustee is Arend R. Baack, Attorney whose address is P.O. <br />Sox 790, Grand Island, Nebraska 68802 ("Trustee"). The beneftciary 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 Ninety-four Thousand Nine Hundred <br />Thirteen and 31/100 Dollars ($94,913.31) ("Maximum Principal Indebtedness"), and for other valuable <br />consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, <br />with power of sale, the following described property located in the County of Hall, State of Nebraska: <br />Address: 2439 Del Monte Ave, Grand Island, Nebraska 68801 <br />Legal Description: Part of the East One Half of the southeast Quarter of Section Twenty (20) in Township <br />Eleven (11) North, Range Nine (9), West of the 6th PM, Hall County, Nebraska, and more particularly <br />described as follows: Commencing at the northwest corner of Lot One (1), Block Five (5), Bel Air Addition, <br />an Addtion to the City of Grand Island, Nebraska; running southeasterly along and upon the West lot line <br />as extended, of said lot for a distance of 126 feet; thence running southwesterly on a line parallel with the <br />south line of Del Monte Avenue for a distance of 88 feet; thence running northwesterly on a line parallel <br />with the West lot line of Lot 1, Block 5, In said Bel Air Addition for a distatnce of 126 feet to the south line <br />of Del Monte Avenue; thence running northeasterly on and upon the South line of Del Monte Avenue for a <br />distance of 88 feet to the point of begiuning. <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 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 />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 />~'oT <br />0 <br />~~ <br />® 2004-2009 Compliance Systems, Inc. 09A4-2979 - 2009.04.57 <br />Commercial Real Estate Security Instrument - DL4007 Pnge 1 of 5 www.compliancsystems.com <br />