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THIS INSTRUMENT PREPARED BY: <br />Pathway Bank <br />P.O. Box 428 <br />306 S. High St <br />Cairo, NE 68824 <br />2013000 <br />AFTER RECORDING RETURN TO: <br />Pathway Bank <br />P.O. Box 428 <br />306 S High Street <br />Cairo, NE 68824 <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />FUTURE ADVANCES AND FUTURE OBLIGATIONS ARE SECURED BY THIS REAL ESTATE DEED <br />OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ( "Security Instrument ") is made on day of <br />December, 2012 by the grantor(s) Sally J. Dubbs, Co- Trustee of the Sally J. Dubbs Revocable Living Trust, <br />dated June 20, 2012, and Wendell R. Dubbs, Co- Trustee of the Wendell R. Dubbs Revocable Living Trust, <br />dated June 20, 2012. 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., PO 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 $150,000.00 ( "Maximum Principal <br />Indebtedness "), and for other valuable consideration, the receipt of which is acknowledged, irrevocably grants, <br />conveys and assigns to Trustee, in trust, with power of sale, the following described property located in the County <br />of Hall, State of Nebraska. <br />The Northeast Quarter of the Southeast Quarter (NE1 /4SE1 /4); and the West Half of the <br />Southeast Quarter (W1 /2SE1 /4) of Section Three (3), Township Ten (10) North, Range <br />Twelve (12), West of the 6 P.M., in Hall County, Nebraska, subject to easements, <br />reservations and public roads either apparent or of record, and being 120 acres more or <br />less. <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, storage <br />rights, dams and water stock that may now, or at any time in the future, be located on and/or used in connection with <br />the above - described real property, payment awards, amounts received from eminent domain, amounts received from <br />any and all insurance payments, and timber which may now or later be located, situated or affixed on and used in <br />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, 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 force <br />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 Borrower 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 December 21, 2012 in the amount of $150,000.00 and any renewals, extensions or <br />modifications. <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 />Page 1 of 5 <br />