<br />
<br /> `~ ~ ~ ~ L
<br />--r r~] ~
<br />tV ~ N ~ ~ r
<br />-~ ~ ~'
<br /> : ~ ~
<br />~ ~ _ ~'~' CJ
<br />- `
<br />d W C? Tr ~
<br /> _ •r ^q
<br />
<br />N ~
<br />°
<br />_ ~ rrr
<br />te
<br />F--+ Z
<br />c
<br />~ ~ - ~
<br />r t%~
<br />
<br />.~~ cn ~ N ~
<br /> N
<br />,..~~ CJ'7
<br />~r C~ ~ ~
<br />
<br /> cn Z
<br />
<br />LOAN NUMBER: 9833300
<br />(Space Above This Line For Recording Data)
<br />s~~~
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on December 3, 2009
<br />by the grantor(s) J & B RENTALS, L.L.C., a Nebraska Limited Liability Company, whose address is 1611 St.
<br />Paul Road, GRAND ISLAND, Nebraska 68801-0000 ("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 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 Twenty-seven
<br />Thousand Four Hundred Ninety and 21/100 Dollars ($27,490.21) ("Maximum .Principal Indebtedness"), and for
<br />other valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to
<br />Trustee, in trust, with power of sale, the land and property described below:
<br />Address: 322 East 9th, GRAND ISLAND, Nebraska 68801
<br />Legal Description: Lot $, Block 142 Union Pacific Railway Company's 2nd Addition to Grand Island, Hall
<br />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 ar 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 />This is a PURCHASE MONEY DEED OF TRUST.
<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 otr 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 />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of tlus
<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 />as 2004-2009 Compliance Systems, Inc. DA40-SD26 - 2009.08.333
<br />Commercial Real Estate Security rnslrvment - DL4007 Page 1 of 5 w~wv.compliancesystems.eom
<br />
|