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r^~: <br />~ - C7 -1 ~ (1~ <br />.,.+. ~~ ~.. ~ ~ rn ~ r-- ~ d ITT <br />A ~ ~ ---- <br />~, ~~ ~ p ~ ° _ cn n ~ o ~ <br />~ N ~ N ~ `" ~ r~l <br />rn -~ A cz~ ~ fla <br />CJl ~ n ~ r*I ~ r- ~ <br />_~A ~ ~ ~ ~ <br />~~` ~-~ H-' cn cn <br />~ ~ <br />d <br />(Space Above This Line Fnr Reconling Uata) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />This COMMERCIAL REAh ESTA"1'E DEED OF TRUS"T ("Security instrument") is made on July 15, 2010 by <br />the grantor(s) CONS'I'ANCE K. SWANSON, whose address is 152.5 STAGECOACII RD, GRAND ISLAND, <br />Nebraska 68801-0000 ("Grantor"). The trustee is Arend R. 13aack, Attorney whose address is P.Q. I3ox 790, <br />Graud Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings & Loan Association of <br />Grand Island whose address is 221. South Locust Street, Grand island, Nebraska 68801 ("Lender"), which is <br />organized and existing under the laws of the United States of America. Grantor in consideration of loans extended <br />by Lender up to a maximum principal amount of Forty-eight Thousand and 00/100 Dollars ($48,000.00) <br />("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which is acknowledged, <br />irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the following described property <br />located in the County of Hall, State of Nebraska: <br />Address: 2126 W. 6th, GRANT) ISLAND, Nebraska 68803 <br />Legal Description: Suite 'No. 3 and Garage No. 3 of the Gemstone Condominium Property Regime 1, in the <br />City of Grand Island, Hall County, Nebraska <br />Together with. all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, <br />tenements, hereditalnents, equipment, rents, income, probts 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 MUNEY DEED OF TRUST. <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 />1NDESTEDNESS. 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 />MATURI'T'Y DATE. The Indebtedness, if not paid earlier, shall be due and payable on July 1S, 2020. <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 CULLATERALIZATIUN. 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 />~~ 2004-2010 Cnmplitu~ce Systems, Inc. F947-AE IF - 2010.05 165 <br />Commercial Real Es[ute Security Instrument - DL4007 Page I of 5 www.rnmplinncesystetns.cnm <br />c <br />a <br />