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<br /> <br /> ~ C) <br /> M (A <br /> = ® m -C ryl C7 1"1'1 <br /> 71 C_ CD b <br /> <br /> h1 2s c~ = rrt <br /> Ci M r- ~ Q <br /> 'Zo U) (n <br /> <br /> <br /> <br /> <br /> <br /> 31, 50 <br /> <br /> (Space Above This Line For Recording Data) <br /> COMMERCIAL REAL ESTATE DEED OF TRUST <br /> This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on May 19, 2010 by <br /> the grantor(s) 1219, L.L.C., a Nebraska Limited Liability Company, whose address is 1203 W 2ND ST, <br /> GRAND ISLAND, Nebraska 68801-0000 ("Grantor"). The trustee is Arend R. Baack, Attorney whose address is <br /> P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings & Loan <br /> 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 Eighty-five Thousand One <br /> Hundred Thirty and 00/100 Dollars ($85,130.00) ("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: 1219 W. 2nd Street, GRAND ISLAND, Nebraska 68801 <br /> Legal Description: See Attached Exhibit A <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 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 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 terns 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 /> restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of <br /> W 2004-2009 Compliance Systems, Inc. I;CEB-BC86 - 2009.12339 <br /> Conunercial Real Estate Security Instrument - DL4007 Page 1 01`5 " www.comphancesyslems.com <br />