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~.. <br /> <br /> <br />ri^~^~ <br />~' ~ <br />~- 4 Cwt <br /> <br />~ ~ <br />C A <br /> <br />rv <br />N ~ ~ z <br />~1 ~ ~• , <br />~ ~ ~ ~ _ ~ <br />rn <br />U <br />' m <br />~ w ~ M~tl ~ ~ rn ~~- ~ C~ ~ <br />m - n N <br />~- ~' <br />'~ ~ ~ ~ a <br /> ~ <br />N ..~ ~ c~a ~'t <br />,,, <br />' -~- r, t <br />s~ r z~ <br />C~ Z <br /> rr, t7 ~ <br />~~ ~ C <br />,.tw. ~ cn C...~ ~ tV <br /> <br /> <br /> rv c;~ c...a <br /> z <br /> 0 <br />(Space Above This Line For Recording pats) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on October 1, 2010 by <br />the grantor(s) Monte Schoenstein, and Maurine S. Schoenstein, husband and wife, whose address is 2026 N. <br />Sheridan, GRAND ISLAND, Nebraska 68803 ("Grantor"), The trustee is Arend R. Baack, Attorney whose <br />address is P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings <br />& Loan 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 Fifty-nine Thousand Two <br />Hundred and 00/100 Dollars ($59,200.00) ("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: 1834 N. Grand Island Avenue, GRAND ISLAND, Nebraska 68801 <br />Legal Description: The East Half (El/2) of Lot Thirty-Seven (37) and the East Half (E1/2) of Lot Thirty- <br />Eight (38), in West Lawn, an Addition to the City of Grand Island, 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 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 Maurine S. Schoenstein 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 />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 />maybe na 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 bender, as may be listed in the schedule of <br />\~ <br />"~.~Q <br />®2004-2010 Compliance Systems, Inc. F947-F232 - 2010.03.363 <br />Commercial Real Hatate Secwity Instrument - DLA007 Page 1 of 3 www.compliancesystems.com <br />