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= <br />R <br />' ca cn <br />n <br />-.4 rn <br />0 <br />G7 <br />rri <br />Yto- <br />r <br />r"' �. <br />F-•a V7 <br />CD <br />Y <br />THIS INSTRUMENT PREPARED BY: AFTER RECORDING RETURN <br />TO: <br />Pathway Bank <br />P.O. Box 428 <br />306 S. High St <br />Cairo, NE 68824 <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 <br />DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ( "Security Instrument ") is made o trday of <br />December, 2013 by the grantor(s) Wilbur L. Spiehs and Carol J. Spiehs, husband and wife, <br />The trustee is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824 ( "Trustee "). The <br />beneficiary is Pathway Bank whose address is 306 S High St., PO Box 428, Cairo, Nebraska 68824 <br />( "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 $400,000.00 ( "Maximum <br />Principal Indebtedness "), and for other valuable consideration, the receipt of which is acknowledged, <br />irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the following described <br />property located in the County of Hall, State of Nebraska. <br />Legal Description: The North Half of the Northeast Quarter (N1 /2NE1 /4) of Section 25, <br />Township 12 North, Range 11, West of the 6 P.M., 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 <br />description and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, <br />subterranean or otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not <br />appurtenant to the above - described real property), wells, well permits, ditches, ditch rights, reservoirs, <br />reservoir rights, reservoir sites, storage rights, dams and water stock that may now, or at any time in the <br />future, be located on and/or used in connection with the above - described real property, payment awards, <br />amounts received from eminent domain, amounts received from any and all insurance payments, and <br />timber which may now or later be located, situated or affixed on and used in connection therewith <br />(hereinafter called the "Property"). <br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security <br />agreements, prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, <br />resolutions, guaranties, environmental agreements, subordination agreements, assignments of leases and <br />rents and any other documents or agreements executed in connection with this Security Instrument whether <br />now or hereafter existing. The Related Documents are hereby made a part of this Security Instrument by <br />reference thereto, with the same force and effect as if fully set forth herein. <br />INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be <br />evidenced by a promissory note or notes of even, prior or subsequent date hereto, including future advances <br />and every other indebtedness of any and every kind now or hereafter owing from Borrower to Lender, <br />howsoever created or arising, whether primary, secondary or contingent together with any interest or <br />charges provided in or arising out of such indebtedness, as well as the agreements and covenants of this <br />Security Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness "). Secured <br />debt includes, but is not limited to, the following: Promissory Note Dated Decemberc9i 3 , 2013 in the <br />amount of $400,000.00 loaned to Wilbur L. Spiehs, Mitchell L. Spiehs and Suzanne I. Spiehs and any <br />renewals, extensions or modifications. <br />FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future <br />advances as if such advances were made on the date of this Security Instrument regardless of the fact that <br />from time to time there may be no balance due under the note and regardless of whether Lender is obligated <br />to make such future advances. <br />Page 1 of 6 <br />Initials <br />