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<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />FUTURE ADVANCES AND FUTURE OBLIGATIONS ARE SECURED BY THIS REAL ESTATE DEED
<br />OF TRUST
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on March 25, 2010 by
<br />the grantor(s) DONALD E I{RUSE, and CHARLENE E. KRUSE, Husband and Wife„ whose address is
<br />4217 TEXAS AVENUE, GRAND ISLAND, Nebraska 68803 ("Grantor"). The trustee is Arend R. Baaek,
<br />Attorney whose address is P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home
<br />Federal Savings & Loan Association of Graud 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 Thousand
<br />and 00/100 Dollars ($30,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the
<br />receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale,
<br />the following described property located in the County of Hall, State of Nebraska:
<br />Address: 4217 TEXAS AVENUE, GRAND ISLAND, Nebraska 68803
<br />Legal Description: Lat Three (3), in Capital Heights Slxth Subdivision, being a part of the Southwest
<br />Quarter (SW1/4) of Section Two (2), Township Eleveen (11) North, Range Ten (10), West of the 6th
<br />Principal Meriden, in Hall 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, 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, 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 and DONALD E. KRUSE and
<br />CHARLENE E. KRUSE d/b/a JACKRABBIT RUN GOLF SHOP 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 />-" - ` . _ ~ttch sdv~in~~'$~vere 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 crass 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 />a
<br />~5 SD
<br />~ 2004-2009 Compliance Systems, Inc. FCEB-C24E - 2009.12.339
<br />Commercial Real Estate Security [nstnunenl - D44007 Page 1 of 5 www.compliancesys[ems.cam
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