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.~ <br />~~ ~~ ~ Z ~ c-~ G~ .~~ ~ ~ fr1 <br />p .t.~.t. 0 h1 ~ T "17 ~t ..ry- ~ ~' <br />( C!7 <br />~ ~ ~~~ ~ ~* m ~(~ z rr7 C7 <br />Oa wt~ r-r7 ~ ]'~ cxx C7 ~ <br />_ ~ <br />~ ~ ~ <br />~„~ Cn <br />~~ ~ ~ ~ ~ ~ <br />sr O ~ ~ q --1 <br />~^ ~ Z <br />~ Q <br />- _ _ .p <br />r <br />~,:Sa <br />(Space Above This Line For Recording Data) <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 August 11, 2010 by <br />the grantor(s) Robert Arends, and Nancy C. Arends, husband and wife, whose address is 1542 Warbler Circle, <br />GRAND ISLAND, Nebraska 68803 ("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 One Hundred Thousand and <br />00/100 Dollars ($100,000.00) ("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 followung described property located in the County of Hall, State of Nebraska: <br />Address: 1542 Warbler Circle, GRAND ISLAND, Nebraska 68803 <br />Legal Description: Lot Ten (10), Summerfield Estates Third Subdivision in the City of Grand Island, Hall <br />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 cotmection 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 and Nancy C. Arends 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 />MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on December 11, 2010. <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.Iustrument regardless of the fact that, from time to time there <br />maybe 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, far 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 Compliance Systems, Inc. F947-4163 - 2010.05.365 <br />Cotnmencial Real Estate Security Instrument - DLA007 Page 1 of 5 www,complianceayatetm.com <br />