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<br />COMMERCIAL REAL ESTATE DEED OF TRUST
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<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on January 11, 2011
<br />by the grantor(s) MARTINEZ ENTERPRISE5, LLC, a Nebraska Limited Liability Company, whose address is
<br />2716 OLD FAIR ROAD, GRAND ISLAND, Nebraska 68803-0000 ("Grantor"). The trustee is Arend R
<br />Baack, Attorney whose address is P.O. Box 790, Grand Island, Nebraska, 68802. ("Trustee"). The beneficiary is
<br />Home Federal Savings & Loan Association of Grand Island whose address is 221 5outh Locust Street,
<br />Grand Island, Nebraska 68801 ("Lender"), which is organized and elcisting under the laws of the United States of
<br />America. Grantor in consideration of loans extended by Lender up to a maximum principal amount of Sizty-
<br />eight Thousand Eight Hundred Fifteen and 07/100 Dollars ($68,815.07) ("Maximum Principal Indebtedness"),
<br />and for other valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and
<br />assigns to Trustee, in trust, with power of sale, the following described property located in the County of Hall,
<br />State of Nebraska:
<br />Address: 2716 Old Fair Road, GRAND ISLAND, Nebraska 68803
<br />Lega1 Description: Unit 2716, . Island West Plaza Condominium Property Regime, in the City of Grand
<br />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, subtenanean or
<br />otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above-
<br />described real properly), 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 properiy, payment awazds, 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 />affxed on and used in connection therewith (hereina,fter called the "Property").
<br />RELATED DOCiTMENTS. The words "Related Documents" mean all promissory notes, security agreements,
<br />prior mortgages, prior deeds of hust, 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 da.te hereto, including future 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 the 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 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. Gra.ntor 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 tu 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 />� 2004-2010 Compliance Syatems, Inc. F947-2p3B - 2010.05365
<br />Commerciel Rwl Estete S�u�rty Instmmeat - DIA007 Page 1 of 5
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