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- � _ � � A �� � � � ..�� N - � = -P '__. �� � � � � � �� ��z � � � �� � X � `' O � � � � � � � � � � � � � .�. � � .• 7C S '.i :. �' � ; � � � �� S `) Z �- r c— t C � ` G7 o ;'� N � � � � �-° �� � m � � o � '-^ {� ,.. O o �, � � � W v� � (Space Above This Line For Recording Data) CONIlVdLIZCIAL REAL ES�ATE DEED OF TRUST C7 � O p C � z rn --1 -< O o � -� z s � � w � r m v� � D �...� ✓ cn i ' �. � �, 0 � O � � 0 � N � �� ...�< This COMI��RCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on August 19, 2011 by the grantor(s) John E. Nowicld, and Jennifer L. Nowicld, husband and wife, whose address is 4127 Norseman Avenue, Grand Island, Nebraska 68803 ("Grantor"). The trustee is Arend R Baack, Attorney whose address is P.O. Bog 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings & Loan Association of Grand Island whose address is 221 South Locust Street, Grand Island, Nebraska 68801 ("Lender"), which is organized and existing under the laws of the United States of America. Grantor in consideration of loans extended by Lender up to a maximum principal amount of One Hundred Thirty-eight Thousand Nine Hundred Thirty-four and 57/100 Dollars ($138,934.57) ("Maximum Principal Indebtedness"), and for other valuable considerarion, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the following descn'bed properly located in the Hall of County, State of Nebraska: Address: 4127 Norseman Avenue, GRAND ISLAND, Nebraska 68801 Legal Description: Lot Twenty-Three (23), Jeffrey Oaks Eighth Subdivision, in the City of Grand Island, �all County, Nebraska. Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, tenements, hereditaments, equipment, rents, income, profit� and royalties, personal goods of whatever description and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above- descn'bed real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites, storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in connection with the above-described real property, payment awatds, amounts received from eminent domain, amounts received from any and all insurance payments, and timber which may now or later be located, situated, or affixed on and used in connection therewith (hereinafter called the "Property"). RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, prior mortgages, prior deeds of trust, business loan agreements, conshuction loan agreements, resolutions, guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other documents or agreements executed in connection with this Security Instrument whether now or hereafter existing. The Related Documents aze hereby made a part of tlus Security Inslrument by reference thereto, with the same force and effect as if fully set forth herein. INDEBTEDI�FESS. This Security Instrument secures the principal amount shown above as may be evidenced by a promissory note or notes of even, prior or subsequent date hereto, including fuhue advances and every other indebtedness of any and every lcind now or hereafter owing from Grantor and Jennifer L. Nowicld to Lender, howsoever created ar arising, whether primary, secondary or contingent, together with any interest or charges provided in or arising out of such indebtedness, as well as the agreements and covena.nts of ttus Security Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness"). FUTURE ADVANCES. To the extent permitted by law, this 5ecurity Instrument will secure future advances as if such advances were made on the date of this Security Instrument regazdless of the fact that from time to time there may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. CROSS COLLATERAI.IZATION. It is the expressed intent of Grantor to cross collateralize all of its Indebtedness and obligations to Lender, howsoever arising and whensoever incurred. WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, warrants, covenants and agrees with Lender, its successors and assigns, as follows: Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this Security Instrument and Related Documents in accordance with the terms contained therein. Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor is lawfully seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the Property. Grantor covenants that the Property is unencumbered and free of all liens, except for encumbrances of record acceptable to Lender. Further, Grantor covenants that Grantor will warranf and defend generally the title to the Property against any and all claims and demands whatsoever, subject to the easements, x I r �� � ,', � ��' ;a:. s� S� � — a� 3 � aooa-zoio co�u�ce s�c�, ��. 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