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<br />~~ ~~ <br />~~~ <br /> ~~ ~ ~ <br />~ ~~~ <br /> ` <br />ru ~~ <br />= ~7 x ~ C <br />~ <br />~ <br />~~ ~ <br />. <br />~i~~ <br />~ ~ ~ ~ ~~ <br />~ <br />~ <br />w ~ <br />~^ u ~. <br />~ <br />~~ ~ <br />~~ ~I <br /> ~. <br /> o' <br /> <br /> <br />t <br />n <br />rn <br />7r <br />~n <br />Z <br />~v <br />n <br />n = <br />O <br />d <br />~~ <br />F~ <br />~. <br />ry <br />rr, <br />r*t <br />N <br />,_:_. c7 cn <br />o ~., <br />..~ c ~ <br />~ ~ ~ <br />w <br />r--- <br />c.~a <br />co <br />(Space Above This Line For Recording Bata) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />~~ <br />~~ <br />~ rrt <br />~ czy <br />r ~ <br />r- n <br />n <br /> <br />cam... <br />co <br />•. <br />~. <br />~. <br />c~ <br />c,~ <br />This COMMEltC1AL REAL ESTA'1'L DEED UI~' '1'RUS'1' ("Security htstrurnenC') is made on January 27, 2010 <br />by the grantor(s) J & B RENTALS, L.L.C., a Nebraska Limited Liability Company, whose address is 1611 ST <br />PAUIa 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 t}te laws of the United States of Artterica. <br />Grantor in consideration of loans extended by bender up to a maximum principal amount of Fifty-five <br />Thousand and 00/100 Dollars ($55,000.00) ("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: 120 W 9th Street, GRAND IST.,AND, Nebraska 68801 <br />Legal Description: Lot Six (6) and the Westerly Twelve and Eight 'T'enths (W 12.8) feet of T.ot Seven (7), in <br />Block Fourteen (14), in Russel Wheeler's Addition to the City of Grand Island, Hall County, Nebraska. <br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, <br />tenements, hereditamettts, 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 />This is a PURCHASE MONEY DEI±,D OF TRUS'T'. <br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, <br />prior mortgages, prior deeds of trust, business loan agreements, constriction loan agreements, resolutions, <br />guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any nt}ter <br />documents or agreements executed in corntection 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 anal 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 itt 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. 'I'o the extent pertttitted 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 COLLATERALIZA'1'ION. 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 />llefense 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 />m <br />m <br />v <br />m <br />z <br />~~. <br />~~ <br />ei? 2004-2(IU) Compliance Systems, Inc. PLEB-A556: - 20(19, 12,339 <br />C.nnunereial Refll Estate Security Instnunent - DL40U7 PaP.e I of 5 www.[omplixncrsystc+ns.com <br />