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<br />
<br />LOAN NUMBER: 7910
<br />COMMERCIAL REAL EST A TE DEED OF TRUST
<br />
<br />,2l~ . (J b
<br />
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on January 12,2007
<br />by ABC Child Care Inc, a Corporation, whose address is POBox 245, Cairo, Nebraska 68824 ; the grantor(s)
<br />("Grantor"). The trustee is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824 , ("Trustee").
<br />The beneficiary is Pathway Bank whose address is 306 S. High PO Box 428, Cairo, Nebraska 68824
<br />("Lender"), which is organized and existing under the laws of the state of Nebraska. Grantor in consideration of
<br />loans extended by Lender up to a maximum principal amount of Thirty-two Thousand Two Hundred Twenty-
<br />three and 22/100 Dollars ($32,223.22) ("Maximum Principal Indebtedness"), and for other valuable
<br />consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust,
<br />with power of sale, the land and property described below:
<br />
<br />Address: 221-223 S High St, Cairo, Nebraska 68824
<br />Legal Description: The Westerly One Hundred Feet (100') of Lot Five (5) and the Westerly One Hundred
<br />Feet (100') of Lot Six (6), all in Block Six (6) of the Original Town of Cairo, 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, persona] goods of whatever description
<br />and all other rights and privileges including all minerals, oil, gas, water, water wells, ditches, reservoirs, reservoir
<br />sites and dams located thereon and all riparian and water rights and water stock associated therewith, payment
<br />awards, amounts received Irom eminent domain, amounts reccived from any and all insurance payments, and
<br />timber which may now or later be located, situated, or affixed (In and w'edin connectio_t! therewith (hereinafttT
<br />called the "Property").
<br />
<br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements,
<br />prior m0l1gages, 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
<br />force and effect as if fully 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 Grantor and Dana L Lemburg and Steven R
<br />Lemburg to Lender, howsoever created or arising, whether primary, secondary or contingent, together with any
<br />interest or 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").
<br />
<br />MA TURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on January 12,2012.
<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 TERALlZA nON. It is the expressed intent of Grantor to cross collateralize all of its
<br />Indebtedness and obligations to the Lender, howsoever arising and whensoever incurred.
<br />
<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 />
<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 />
<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 />
<br />(ij 2004~2006 CllPYrlght COlnplilmCe Systerl1s. Inc. D2YI.726A . 2006.07.] 66
<br />Commercial ReaJ Esta~e: ,~'~cl.l,r,lty. ,In!itrumc~t- DL4007
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<br />ww'w, ':;()mplill.nG~y:;tcnIS, (,;0111
<br />800.968.8522 . Fax 616-956-1868
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