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�� <br />�� <br />�� <br />N � <br />0 �� <br />�� <br />� � <br />� � <br />B <br />W �� <br />� <br />�� <br />�� <br />�� <br />�� <br />�� <br />�. <br />� � <br />� � <br />� � <br />� � <br />� <br />�� <br />� <br />� <br />� � <br />��� <br />�� <br />� � <br />� � <br />� <br />� � <br />s� � <br />D <br />r c - '� <br />� �� � � <br />O r ; . � <br />� c : � <br />m G .. <br />�' � — C7 <br />� 3 <br />m <br />�a <br />� ��� � <br />v ', ' <br />r� }.�, <br />ti � � <br />� � <br />o -� <br />cn <br />Z --� <br />—� iT'Y <br />� O <br />(Space Above Tlus Line For Recording Data) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />O �l <br />�t � <br />= m <br />a m <br />r � <br />r n <br />c� <br />� <br />m <br />tn <br />cn <br />This COMN�RCIAL REAL ESTATE DEED OF TRUST ("Security Insirument") is made on April 19, 2011 by <br />the grantor(s) Thayer Family L.L.C., a Nebraska Limited Liability Company, whose address is 404 Woodland <br />Drive, Grand Island, Nebraska 68801 ("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 />AssociaHon 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 Atnerica. Grantor in <br />consideration of loans exterided by Lender up to a maximum principal amount of One Million Siz Hundred <br />Seventy Thousand and 00/100 Dollars ($1,670,000.00) ("Maximum Principal Indebtedness"), and for other <br />valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, <br />in ttust, with power of sale, the following described properiy located in the COLTNTY of HALL, State of <br />Nebraska: <br />Address: Village Third and Fourth Subdivision, GRAND I5LAND, Nebraska 68801 <br />Legal Description: LOT THREE (3) THE VII.LAGE THIRD SUBDIVI5ION, IN THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRA5KA. <br />LOTS ONE (1), TWO (2), THREE (3), FOUR (4) AND FIVE (� AND OUT LOTS A, B AND C THE <br />VII.LAGE FOURTH SUBDIVISION CITY OF GRAND ISLAND, 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 appurtena.nt 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 DOCiTMENTS. 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 futttre advances and every other <br />indebtedness of any and every kind now or 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 tha agreements and covenants of this Security Instrument and all Related Documents <br />(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 COLLATERAT.I7.ATION. 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 L.ender, 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 />0 <br />N <br />� <br />F---� <br />F--► <br />0 <br />c.� <br />N <br />O� <br />� <br />� �b <br />�h <br />� 2004-2010 Complience Systems, Inc. F947-83B3 - 20t0.05365 <br />Commential Real Fstate Security Instrumeet - DL4007 Pege 1 of 5 www.compliaacesystema.com <br />