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~~. <br />r.~ ~~ ~ Z ~ ~ m <br />0 ~ ~; ~ ~ p ~ ~ c7 cn ©1~ <br />e ~ ~ ~ ~ ~ ~ ~ ~ ~ [y ~m <br />~ ~~ G c w+ ~ ca ".,' vii <br />- ~ ~ ~ m 2 <br />~wwr ~ ~ ~ ~ ~ ©~~1 <br />p- N <br />_. E!"f .,~.~`.W. <br />~~. .~ x:17 ,~~ <br />0 <br />CORRECTIVE <br />(Space Above This Line Far Recording Data) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on February 5, 2010 <br />by the grantor(s) TR HOLDINGS, LLC, a Nebraska Limited Liability Company, whose address is 2508 <br />Cottonwood Road, GRAND ISLAND, Nebraska 68801 ("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 Thirty-three <br />Thousand Six Hundred and 00/100 Dollars ($33,600.00) ("Maximum Principal Indebtedness"), and for other <br />valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, <br />in trust, with power of sale, the following described property located in the COUNTY of HALL, State of <br />Nebraska: <br />Address: 246 N Darr Avenue, GRAND ISLAND, Nebraska 68801 <br />Legal Description: South Six (b) Feet of Lot Five (5) and all of Lot Four (4), Block Twenty (20), in Packer <br />and Barr's Second addition in the City of Grand Island, 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, securaity 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 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 />a <br />® 2004-2009 Campliancc Systems, Inc. FCEB-7148 - 2009.12.339 <br />Commercial Real Eatatc Security Instrument - DIA007 Page 1 oF5 www.compliancesystems.com <br />