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<br />(Space AlJOYll-This~R.ow.dillg Ditta)
<br />
<br />LOAN NUMBER: 5967
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />
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<br />
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on February 27, 2006
<br />by Rodney Rauert and Judith Rauert, husband and wife, whose address is 2511 E Whitecloud Rd, Grand Island,
<br />Nebraska 68801 ; the grantor(s) ("Borrower"). The trustee is The State Bank of Cairo whose address is PO Box
<br />428, Cairo, Nebraska 68824 , ("Trustee"). The beneficiary is The State Bank of Cairo whose address is 306 S.
<br />High PO Box 428, Cairo, Nebraska 68824 ("Lender"), which is organized and existing under the laws of the
<br />state of Nebraska. Borrower in consideration of the Indebtedness up to a maximum principal amount of Two
<br />Hundred Five Thousand Seven Hundred and 00/100 Dollars ($205,700.00) ("Maximum Principal Indebtedness"),
<br />and for other valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and
<br />assigns to Trustee, in trust, with power of sale, the land and property described below:
<br />
<br />Legal Description: NEl/4 of Section 33, Township 12N, Range 9W of the 6th P.M., Hall County, Nebraska.
<br />
<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, payment awards, amounts received from eminent
<br />domain, amounts received from any and all insurance payments, and timber which may now or later be located,
<br />situated, or affixed on and used in connection therewith (hereinafter called the "Property").
<br />
<br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements,
<br />prior mortgages, business loan agreements, construction loan agreements, resolutions, guaranties, environmental
<br />agreements, subordination agreements, assignments of leases and rents and any other documents or agreements
<br />executed in connection with this Security Instrument whether now or hereafter existing. The Related Documents
<br />are hereby made a part of this Security Instrument by reference thereto, with the same force and effect as if fully
<br />set forth herein.
<br />
<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 and Judith A Rauert and Paul M Rauert
<br />and Carroll J Rauert to Lender, howsoever created or arising, whether primary, secondary or contingent, together
<br />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 />
<br />MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on February 27, 2016.
<br />
<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 the Lender is obligated to make such future
<br />advances.
<br />
<br />CROSS COLLA TERALIZA TION. It is the expressed intent of Borrower to cross collateralize all of its
<br />Indebtedness and obligations to the Lender, howsoever arising and whensoever incurred.
<br />
<br />GRANTOR'S WARRANTIES. Borrower, for itself, its heirs, personal representatives, successors, and assigns,
<br />represents, warrants, covenants and agrees with Lender, its successors and assigns, as follows:
<br />
<br />Performance of Obligations. Borrower promises to perform all terms, conditions, and covenants of this
<br />Security Instrument and Related Documents in accordance with the terms contained therein.
<br />
<br />Defense and Title to Property. At the time of execution and delivery of this instrument, Borrower is
<br />lawfully seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and
<br />assign the Property. Borrower covenants that the Property is unencumbered and free of all liens, except for
<br />encumbrances of record acceptable to Lender. Further, Borrower covenants that Borrower will warrant and
<br />defend generally the title to the Property against any and all claims and demands whatsoever, subject to the
<br />easements, restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the
<br />schedule of exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest
<br />in the Property.
<br />
<br />(> 2004.2005 Compliance Systems. Inc. ~4PA-9A69 - 2005.08120
<br />Commercial Real Estate Security Instrument - DL4007
<br />
<br />www.complianceSYlitem!i.Com
<br />800-968-8522 - fax 616-956-1868
<br />
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