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�� <br />�� <br />�� <br />N � <br />B � <br />B <br />CJ1 � <br />w - <br />� <br />�� <br />� <br />..�� <br />�� <br />� <br />� <br />. �� <br />�+ <br />�,A <br />�. � <br />� <br />� <br />� <br />� <br />� � <br />.m <br />�P � <br />� � .., <br />.� <br />� a `_,. <br />� � � <br />r ; � <br />r r f '� <br />n _ . <br />G .� � <br />� �,. � <br />n r` - <br />� �'? �- - <br />�� � <br />O r� � <br />� o�r� c� <br />cA <br />o S� � <br />r�* <br />� <br />tn <br />(Space Above This Line For Recording Data) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />c� c.� <br />o —i <br />c D <br />� m <br />� <br />� O <br />� T <br />� � <br />= rn <br />D � <br />r � <br />r � <br />u� <br />R <br />n <br />� <br />(ri <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on July 29, 2011 by <br />the grantor(s) O'CONNOR PROPERTIES, L.L.C., a Nebraska Limited Liability Company, whose address is <br />PO BOX 139, GRAND ISLAND, Nebraska 68802 ("Grantor"). The trustee is Arend R. Baack, Attorney whose <br />address is P.O. Box 790, Grand Island, 1Vebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings <br />& Loan Association 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 America. Grantor in <br />consideration of loans extended by Lender up to a maximum principal amount of Two Hundred Ninety-two <br />Thousand and 00/100 Dollars ($292,000.00) ("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: 2604 5T. PATRICK AVE, GRAND ISLAND, Nebraska 68803 <br />Legal Description: LOTS ONE (1) AND TWO (2), IN DICKEY FOURTH SUBDIVISION, IN THE CITY <br />OF GRAND 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, 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 properiy, payrnent 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 DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, <br />prior mortgages, prior deeds of trust, business loan agreements, consttuction loan agreements, resolutions, <br />guaranties, environmental agreements, subordinafion 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 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 5ecurity Instrument and all Related Documents <br />(hereinafter all referred to as the "Indebtedness"). <br />FUTURE ADVANCES. To the extent pernutted 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 incurted. <br />WARRANTIE5. 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 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 />restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of <br />� 2004-2010 Compliance Systems, Inc. F947-SE4F - 2010.05365 <br />Commerciel Ree] Eatate Security instrument - DL4007 Page 1 of 5 <br />www.compGancesysteros.com <br />O <br />�J <br />O <br />F.-'a <br />�� <br />O <br />tI1 <br />rn <br />rv <br />W <br />� <br />� ;, <br />:� <br />�r. <br />� <br />_ <br />`° <. <br />i <br />�� �� <br />� <br />