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<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 />