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' <br />� � � 1 <br />� <br />(Space Above This Line For R�ording Data) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />us COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Inshwnent") is made on May 24, 2011 by <br />: grantor(s) K-M Pa�"nership, L.L.P., a Nebraska Limited Liability Partnership, whose address is 729 N. ��� 6 <br />�ster Ave, GRAND I5LAND, Nebraska 68803 ("Grantor"). The trustee is Arend R. Baack, Attorney whose <br />dress is P.O. Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal 5avings <br />Loan Association of Grand Island whose address is 221 South Locust 5treet, Grand Island, Nebraska 68801 <br />.ender"), which is organized and existing under the laws of the United States of America. Grantor in <br />nsideration of loans exteuded by I.ender up to a maximum principal amount of Ninety-nine Thousand and <br />�100 Dollars ($99,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the <br />;eipt of which is acknowledged, irrevocably grants, conveys and assigns to Ttustee, in irust, with power of sale, <br />; following described properiy located in the COiJNTY of HALL, State of Nebraska: <br />Idress: 603 N. Custer Ave, GRAND ISLAND, Nebraska 68803 <br />gal Description: SUITE NO. ONE (1), TIiE APPLEWOOD CONDOMINIiJM PROPERTY REGIME I, <br />THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />gether with all easements, appurtenances abutting streets and alleys, improvements, buildings, fi�tures, <br />ements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description <br />i all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or <br />�erwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenantt to the above- <br />�cribed real property}, wells, well permits, ditches, ditck rights, reservoirs, reservoir rights, reservoir sites, <br />raga rights, dams and water stock that may now, or at any time in the future, be located on andlor used in <br />mection with the above-described real properiy, payment awards, amounts received from eminent domain, <br />ounts received from any and all insurance payments, and timber which may now or later be located, situated, or <br />iaced on and used in connection therewith (hereinafter called the "Property"). <br />;LATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, <br />�r mortgages, prior deeds of irvst, business loan agreements, construcrion loan agreements, resolutions, <br />�ranties, environmental agreements, subordination agreements, assignments of leases and rents and any other <br />-uments or agreements executed in connection with tlus Security Instrument whether now or hereafter existing. <br />� Related Documents are hereby made a part of this Security Instrument by reference thereto, with the same <br />�e and effect as if fully set forth herein. <br />TDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a <br />omissory note or notes of even, prior or subsequent date hereto, including future advances and every other <br />debtedness of any and every kind now or hereafter owing from Grantor to Lender, howsoever created or arising, <br />'nether primary, secondary or contingent, together with any interest or charges provided in or arising out of such <br />debtedness, as well as the agreements and covenants of this 3ecurity Inshvment and all Related Documents <br />ereinafter all referred to as �the "Indebtedness"). <br />JTURE ADVANCES. To the extent permitted by law, this Security Ittstrument will secure future advances as if <br />ch advances were made ori the date of this 5ecurity Ittstrument regardless of the fact that from time to time there <br />3y be no balance due undar the note a.nd regardless of whether Lender is obligated to make such future advances. <br />ttOSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collateralize all of its <br />debtedness and obligations to Lender, howsoever arising and whensoever incurred. <br />'ARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, <br />srrants, covenants and agrees with Lender, its successors a.nd assigns, as follows: <br />Performance of Obtigations. 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 f,he time of execution and delivery of this instrument, Grantor is lawfully <br />seised of the estate hereby conveyed and has the exclusive rigl�t to mortgage, grant, convey and assign the <br />Property. Grantor covenattts 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 />2Q04-2010 Complience Systems, Inc. F947-B6Q4 - 2010.05365 <br />ommercial Real Fstete Securily Instrumeot - D1s1007 Page 1 of 7 <br />ww�v.compliancesystems.com <br />