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~~ <br />~.~ <br />~ <br />, <br />~ t' r ~ '~ ' ` P ~ 1 ~ 4 ' <br /> <br />"~`1 <br />r <br />~ <br />~~ G1 ~° ~ <br />_ ~ ~-`: m <br /> <br /> <br />~~ <br />/~ <br />Z ~ <br /> <br />~ ~ <br />~ ~ ~ <br />C, <br />~ <br />-x~ <br />~ ~ <br />~~-, <br />~ q <br />m <br /> , <br /> <br />Y-- <br />~r~ww <br />^ <br />~ T1 <br />t~ <br />~~. <br />T f r~ <br />~ <br />~ 1~~5 Q 1~7 '~ `~ ~ ~^~ ~ <br /> <br /> <br /> <br />~~ <br /> rv cn ,,, fi <br /> C!7 0 <br />(Space Above This Line For Recording Pata) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on September 13, <br />2010 by the grantor(s) Johna M Niedfelt, an unmarried person, whose address is 3720 State Street Apt. K6, <br />GRAND ISLAND, Nebraska 6$$03 ("Grantor"). The trustee is Arend R. Baack, Attorney whose address is <br />P.O. Box 790, Grand Island, Nebraska 6$$02 ("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 Seventy-one Thousand Two <br />Hundred Fifty and 00/100 Dollars ($71,250.00) ("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: Rural Property, GRAND ISLAND, Nebraska 6$$p3 <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 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 ar 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 />MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on April 1, 2030. <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 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. 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 />p 2004-2010 Compliance Systems, Inc. F947-01 SO - 2010.03.363 <br />Conunercial Real estate Security Instrument - ~IA007 Pagc 1 of 3 www.compliancesystems.can <br />~~ <br />~~ C <br />