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<br />~~ <br />N ~ ~ <br />~ ~ <br />j ~ ~1 <br />- ~ <br /> . <br />...iv <br />~~ <br />y ~ <br /> r.: <br />~-~ <br />m <br /> <br />n <br />~ <br />., <br />~ ,.~ <br />~ ~ u7 <br />d -+ <br />v ~ <br /> <br />.:. <br />~~`~.Y ~ ~ , ~~ rv m <br /> ~ ~ ~ `~ <br /> Z <br />® ~ C~ ,~- <br />N--~ -~ ~ <br />o -~ <br />~--- o <br /> ~ cs <br />~ ~ rn Z <br /> _ ~ <br /> ~ ~ r ~ <br /> ~ r A F^-' ~ <br /> Cfti C <br /> t-~ ~ ~ ~ <br /> ~+ c-°t a <br />-----.-. <br />as <br />~ <br /> a~ ~ .,,~ <br /> z <br /> <br />~~, so <br />(Space Above This Linc For Recording Data) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />FUTURE ADVANCES AND FUTURE OBLIGATIONS ARE SECURED BY 'PHIS REAL F,S'I'ATE DEED <br />OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on March 1, 2010 by <br />the grantor(s) Kenneth L. Brand, and Mary M. Brand, Husband and Wife, whose address is 1536 Warbler <br />Circle, GRAND ISLAND, Nebraska 68803 ("Grantor"). The trustee is Arend R. Baack, Attorney whose address <br />is P.U. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings & <br />Loan Association of Grand Island whose address is 221 South Locust Street, Grand Island, Nebraska 68801. <br />("Lender"), which is organized and. existing under the laws of the United States of America. Grantor in <br />consideration of loans extended by Lender up to a maximum principal amount of Fifty Thousand and OU/1UU <br />Dollars ($50,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of <br />which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the <br />following described property located in the County of Hall, State of Nebraska: <br />Address: 3122 W Old Potash Hwy, GRAND ISLAND, Nebraska 68803 <br />Legal llescription: Lot One (1), Warren Subdivision to the City of Grand Island, IIall 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, darns 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, atnow~ts 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, envirpnmental agreements, subordination agreements, assigrunents 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 ful ly 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 and Brand Associates, Inc. to Lender, <br />howsoever created or arising, whether primary, secondary or contingent, together with any interest or charges <br />provided in or arising out of such indebtedness, as well as the agreements and covenants. of this Security <br />Instrument and all Related Documents (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. Clate of t1ii5 Securit _Instrument regardless of the fact the _ <br />y 3t 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, persona] 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. hurther, 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 />¢!~ 2004-2009 Cnmplinnce Systems. Inc. FCEB-FEF9 -2009.12.339 <br />Commercifll Renl F. stele Security Instrwnent - DL4007 Pnge 1 nr5 www.cnmpliancesystems.com <br />