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THIS INSTRUMENT PREPARED BY:
<br />Pathway Bank
<br />PO Box 428
<br />Cairo, NE 68824
<br />® 2004 -2016 Compliance Systems, Inc. 7c6102d2- 3d44271b - 2016.230.4.8
<br />Commercial Real Estate Security Instrument - DL4007
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<br />AFTER RECORDING RETURN TO:
<br />athway Bank
<br />✓ ' 0 Box 428
<br />Cairo, NE 68824
<br />(Space Above This Line For Recording Data)
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
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<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ( "Security Instrument ") is made on June 6, 2018 by
<br />the grantor(s) Cherry Creek Farms LLC, a Nebraska Limited Liability Company , whose address is 2705 72nd
<br />Ave, Kearney, Nebraska 68845 ( "Grantor "). The ( "Trustee "). The beneficiary is Pathway Bank whose address is
<br />306 S High St, P 0 Box 428, Cairo, Nebraska 68824 ( "Lender "), which is organized and existing under the laws
<br />of the State of Nebraska. Grantor in consideration of loans extended by Lender up to a maximum principal
<br />amount of Nine Hundred Thousand and 00 /100 Dollars (U.S. $ 900,000.00) ( "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
<br />Counties of Buffalo and Hall, State of Nebraska:
<br />Legal Description: Parcel 1: The North Half of the Northeast Quarter (N1 /2NE1 /4) of Section Twenty -four
<br />(24), Township Twelve (12) North, Range Fifteen (15) West of the 6th P.M., Buffalo County, Nebraska
<br />Parcel 2: The Southeast Quarter (SE1 /4) of Section Thirty (30), Township Twelve (12), North, Range
<br />Twelve (12) West of the 6th 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 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
<br />above - described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir
<br />sites, 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
<br />of 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
<br />a 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 Cherry Creek Farms LLC to Pathway Bank,
<br />howsoever created or arising, whether primary, secondary or contingent, together with any interest or charges
<br />provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security
<br />Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness "). Secured debt includes,
<br />but is not limited to, the following: promissory note dated June 6, 2018, in the amount of $650,000.00 and
<br />any renewals, extensions or modifications.
<br />FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as
<br />if such advances were made on the date of this Security Instrument regardless of the fact that from time to time
<br />there may be no balance due under the note and regardless of whether Lender is obligated to make such future
<br />advances.
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