201202140
<br />THIS INSTRUMENT PREPARED BY:
<br />Pathway Bank
<br />306 S. High St.
<br />Cairo, NE 68824
<br />AFTER RECORDING RETURN TO:
<br />Pathway Bank
<br />306 S. High S�
<br />Cairo, NE 68824
<br />(Space Above This Line For Recording Data)
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security InstrumenY') is made on March 20, 2012 by
<br />the grantor(s) Bradley D Stutzman, Husband, whose address is 16169 S Stolley Park Rd, Wood River,
<br />Nebraska 68883 , and Crystal L Stutzman, Wife, whose address is 16169 W Stolley Park Rd, Wood River,
<br />Nebraska 68883 ("Grantor"). The trustee is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824
<br />("Trustee"). The beneficiary is Pathway Bank whose address is 306 S High St, P O Box 428, Cairo, Nebraska
<br />68824 ("Lender"), which is organized and existing under the laws of the State of Nebraska. Grantor in
<br />consideration of loans extended by Lender up to a maximum principal amount of Two Hundred Seventy
<br />Thousand and 00/100 Dollars ($270,000.00) ("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 Count of Hall, State of Nebraska:
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<br />Legal Description: The South Half of the Southeast Quarter (Sif5SE1/4) of Section Twenty-Six (26),
<br />Township Eleven (11) North, Range Twelve (12), West of the 6th P.M., Hall County, Nebraska EXCEPT a
<br />portion conveyed to the County of Hall in Deed Book 150, Page 370.
<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 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 DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements,
<br />prior mortgages, prior deeds of lrust, 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. T'his 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 Security Instrument and all Related Documents
<br />(hereinafter all referred to as the "Indebtedness"). Secured debt includes, but is not limited to, the following:
<br />promissory note dated March 20, 2012, in the amount of $620,000.00 and any renewals, extensions or
<br />modifications.
<br />FiJTURE 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 />m 2004-201 I Compliance Sys[ems, Ina COF0.89IB - 20I OU.15.441
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