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<br /> <br /> rn <br /> I> M <br /> 'm <br /> CD rn <br /> <br /> OD 2 <br /> t1 2S ry 10 Q <br /> 0) r TI C <br /> - r r7~ - co <br /> err C <br /> CD M <br /> -a z <br /> ~ o <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 October 29, 2010 <br /> by the grantor(s) Erin -M, Sullivan, and DenaKx Sullivan, Husband and Wife, whose address is 808 <br /> Redwood Road, GRAND ISLAND, Nebraska 68803 ("Grantor"). The trustee is Arend R. Baack, Attorney <br /> whose address is P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal <br /> Savings & Loan Association of Grand Island whose address is 221 South Locust Street, Grand Island, <br /> Nebraska 68801 ("Lender"), which is organized and existing under the laws of the United States of America. <br /> Grantor in consideration of loans extended by Lender up to a maximum principal amount of Seventy-five <br /> Thousand and 00/100 Dollars ($75,000.00) ("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: 808 Redwood Raod, GRAND ISLAND, Nebraska 68803 <br /> Legal Description: Lot Twelve (12), Westwood Park Sixth 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 cotuiection 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 INFINI'T'Y COMPANY 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 /> 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 Ira$ 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 /> V) 2004-2010 Compliant Systcros, Inc. F947.62E1 - 2010.05365 <br /> Commercial Real Gslate Security Instrument -1314007 Page I Of 5 w .compliancesystems.com <br />