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<br /> LOAN NUMBER: 16164200
<br /> COMMERCIAL REAL ESTATE DEED OF TRUST
<br /> This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on December 2, 2009
<br /> by the grantor(s) K & S Butler Enterprises, L.L.C., a Nebraska Limited Liability Company, whose address is
<br /> 530 N. Diers Ave, GRAND ISLAND, Nebraska 68803-0000 ("Grantor"). The trustee is Arend R. Baack,
<br /> Attorney whose address is P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home
<br /> Federal Savings & Loan Association of Grand Island whose address is 221 South Locust Street, Grand Island,
<br /> Nebraska. 68801 ("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 Four Hundred
<br /> Fifty Thousand and 00/:100 Dollars ($450,000.00) ("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: 530 N. Diers Ave, GRAND ISLAND, Nebraska 68803
<br /> Legal Description: Lot Six (6), Richmond Subdivision in the 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, 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 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 /> may be 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 /> Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this
<br /> Security Instrument 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 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 /> restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of
<br /> 0 2004-2009 Compliance Systems, Inc. DA40-7135F - 2009.08.333
<br /> Conunercial Real Estate Security Instrument - DL4007 Page 1 05 WwWxcmpliauccsystcros.com
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