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<br />LOAN NUMBER: 1b111200
<br />(Space Above This Line For Recording Data)
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<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("security Instrument") is made on October 27, 2009
<br />by the grantor(s) WHEELER STREET PARTNERSHIP, a Nebraska General Partnership, whose address is
<br />PO BOX 790, GRAND ISLAND, Nebraska 68802-0000 ("Grantor"). The trustee is Arend R. Baack, Attorney
<br />whose address is P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal
<br />Savings & Loan Association of Grand Island whose address is 221 South Locust Street, Grand Island,
<br />Nebraska b8801 ("Lender"), which is organized and existing under the laws of the United States of America.
<br />Grantor in consideration of loans extended by Lender up to a maximum principal amount of Thirty Thousand
<br />and 00/100 Dollars ($30,000.00) ("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: 112 N Wheeler, GRAND ISLAND, Nebraska 68$01.
<br />Legal Description: The Northerly Forty-Four (44) feet of Lot Eight (8), in Block Eighty-One (81), in the
<br />Original Town, now City of Grand Island, Hall County, Nebraska
<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, darns 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 rec°ived from eminent domain,
<br />amounts received from any and all insurance payments, and timber which may raw 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 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 Granter 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 />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this
<br />Security Instrument and Related Documents in accordance with the teens 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 />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally
<br />the title to the Property against any and all claims and demands whatsoever, subject to the easements,
<br />~ 2004-2009 Compliance Systcats, inc. llA40-8725 - 2009.08333
<br />Commercial Real Estate Security Instrument - D1A007 Page 1 of 7 www,compGancesystems.com
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