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�� <br />�� <br />� <br />� <br />N � <br />� �� <br />a � <br />� �w�wrrrrrrrr <br />� �A�A�AI��W <br />C)'1 ^�� <br />� �111 <br />� <br />� <br />�� <br />� <br />�� <br />' y�Y o � f �: � <br />e <br />� <br />�... <br />w ��' <br />�z� <br />�} <br />� <br />� <br />� <br />C <br />� � <br />� t � <br />� i <br />C� ) "" <br />n "�' <br />� <br />/ `-� <br />� <br />�ti..� <br />�.. "� <br />� <br />rY� �. <br />c� � <br />o �'�- <br />—r� <br />O �, <br />�.. � <br />� <br />(n <br />(Space Above This Line For Recording Data) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />�= <br />� <br />� <br />�_ <br />� <br />� <br />C,..� <br />� <br />� <br />� <br />� <br />C.11 <br />C"a U� <br />O —i <br />� � <br />----a <br />..� �, <br />-� c> <br />� � <br />—n -. <br />w fTl <br />p CX) <br />� � <br />f" 1� <br />CI> <br />� <br />� <br />.� �. <br />� <br />Cn <br />This C�MMERCIAL REAL EST'ATE DEED OF TRUST ("Security Instruttient") is made on December 21, 2010 <br />by the grantor(s) RIEF DEVELOPMENT, L.L.C., a Nebraska Limited Liability Company, whose address is <br />315 Ponderosa Drive, 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 Associ�tion of Grand Island whose address is 221 South Locust Street, Grand Isl�nd, <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 I.ender up to a maximum principal amount of One Hundred Sixty <br />Thousand and 0�/100 Dollars ($160,000.00) ("Maximum Principal Indebtedness"), and for other valuable <br />consideration, the receipt af which is acknawledged, irrevocably grants, conveys and assigns to Trustee, in trust, <br />with power of sale, the follawing described property located in the County of Hall, State of Nebraska: <br />Address: 3222 W Faidley Avenue, GRAND ISLAND, Nebraska 68803 <br />Legal Description: See Exhibit A <br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, �xtures, <br />tenements, hereditaments, equipment, rents, income, profits and royalties, personal gaods 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 pernuts, 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 thc "Property"). <br />RELATED DOCiJMENTS. "I'he words "Related Documents" mean all promissory notes, security agrecments, <br />prior mortgages, prior deeds of trust, business loan agreements, construction laan agreements, resolutians, <br />guaranties, environmental agreennents, 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 />T'he Related Documents are hereby made a part of this Security Instrument by reference thereto, with the same <br />force amd effect as if fully set forth herein. <br />INDESTEDNESS. This Security Instnunent secures the principal amaunt shown above as may be evidenced by a <br />promissory note or notes of even, prior or subsequent date hereta, including future advances and every other <br />indebtedness of any and every kind now or hereafter owing frorn Grantor ta Lender, howsoever created or arising, <br />whether priznary, 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 refened 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 o£ this Security Instrument regardless of the fact that from time to tirne there <br />may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. <br />CROSS COLLATERAI.IZATION. It is the expressed intent of Grantor to cross collateralize all of its <br />Indebtedness and obligatians ta I,�nder, howsaever arising and whensoever incurred. <br />WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigras, represents, <br />warrants, covenants and agrees with Lender, its successors and assigns, as follows: <br />Performance of Obligations. Grantar promises to perform all terms, conditions, and covenants of this <br />Security Tnstrument 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 canveyed 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 far 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 af <br />� 2004-201D Compliance Syatcros, Inc. 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