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201505786 <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ( "Security Instrument ") is made on August 10, 2015 <br />by the grantor(s) Fred D. Schroeder, whose address is 6231 South Wiseman Road, Shelton, Nebraska 68876 , <br />and Deborah K. Schroeder, Husband and Wife, whose address is 6231 South Wiseman Road, Shelton, <br />Nebraska 68876 ( "Grantor "). The trustee is Union Bank & Trust Company whose address is 3643 South 48th <br />Street, Lincoln, Nebraska 68506 ( "Trustee "). The beneficiary is Union Bank & Trust Company whose address <br />is 3643 South 48th Street, PO Box 82535, Lincoln, Nebraska 68501 - 2535 ( "Lender "), which is organized and <br />existing under the laws of the State of Nebraska. Grantor in consideration of loans extended by Lender up to a <br />maximum principal amount of Seven Hundred Eighty - five Thousand and 00 /100 Dollars (U.S. $785,000.00) <br />( "Maximum 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 land and property described <br />below: <br />Legal Description: See Exhibit "A" hereto attached for copy of legal description. <br />Property Size: 288 acres. <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 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 trust, prior deeds to secure debt, business loan agreements, construction loan <br />agreements, resolutions, guaranties, environmental agreements, subordination agreements, assignments of leases <br />and rents and any other documents or agreements executed in connection with this Indebtedness and Security <br />Instrument, whether now or hereafter existing, including any modifications, extensions, substitutions or renewals of <br />any of the foregoing. The Related Documents are hereby made a part of this Security Instrument by reference <br />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 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 Fred D. Schroeder and Deborah K. Schroeder <br />to Union Bank & Trust Company, howsoever created or arising, whether primary, secondary or contingent, <br />together with any interest or charges provided in or arising out of such indebtedness, as well as the agreements and <br />covenants of this Security Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness "). <br />INCREASED MAXIMUM PRINCIPAL INDEBTEDNESS: Grantor hereby acknowledges that the <br />principal amount shown above will automatically be increased by any future advances or other <br />indebtedness of the Grantor to the Lender. Notwithstanding the foregoing, the pa .' es ? gree that the total <br />amount which is secured by this Security Instrument shall not exceed $1,570,001 Qt i (initials) <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 />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, except any obligation <br />existing or arising against the principal dwelling of any Grantor. <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 />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 />exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest in the <br />Property. <br />Condition of Property. Grantor promises at all times to preserve and to maintain the Property and every <br />part thereof in good repair, working order, and condition and will from time to time, make all needful and <br />proper repairs so that the value of the Property shall not in any way be impaired. <br />o 2004 -2014 Compliance Systems, Inc. 8066 -06CA - 2013L2.10.1,869 <br />Commercial Real Estate Security Instrument - DL4007 Page 2 ot 7 www.compliancesystems.com <br />