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<br />LOAN NUMBER: 7968
<br />
<br />COMMERCIAL CONSTRUCTION DEED OF TRUST
<br />FUTURE ADY ANCES AND FUTURE OBLIGATIONS ARE SECURED BY THIS REAL EST A TE DEED
<br />OF TRUST
<br />
<br />This COMMERCIAL CONSTRUCTION REAL ESTATE DEED OF TRUST ("Security Instrument") is made on
<br />January 24, 2007 by GILD Investments, LLC, a Nebraska Limited Liability Company, whose address is PO
<br />Box 2646, Kearney, Nebraska 68847 ; the grantor(s) ("Grantor"). The trustee is Pathway Bank whose address is
<br />PO Box 428, Cairo, Nebraska 68824 , ("Trustee"). The beneficiary is Pathway Bank 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. Grantor in consideration of loans extended by Lender up to a maximum principal amount of
<br />One Million Six Hundred Thousand and 00/100 Dollars ($1,600,000.00) ("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 />Address: Cedar Ridge Court and West 13th Street, Grand Island, Nebraska 68803
<br />Lega] Description: Lots Three (3), Four (4), Five (5), Six (6), and Outlot A, Cedar Ridge Second
<br />Subdivision, in the City of Grand Island, 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 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 (hereinafter
<br />called the "Property").
<br />
<br />RELA TED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements,
<br />prior mortgages, prior deeds of trust, business Joan 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 iffully 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 to Lender, howsoever created or arising,
<br />whether primary, secondary or contingent, together with any interest or charges provided in or arising out of such
<br />indebtedness, as well as the agreements and covenants of this Security Instrument and all Related Documents
<br />(hereinafter all referred to as the "Indebtedness"). All present and future indebtedness and obligations of
<br />Trustors to Beneficiary whether direct, indirect, absolute or contingent and whether arising by note,
<br />guaranty, overdraft, or otherwise.
<br />
<br />MATURITY DATE. The Indebtedness, ifnot paid earlier, shall be due and payable on January 24, 2008.
<br />
<br />FUTURE AOY ANCES. To the extent permitted by law, this Security Instrument will secure future advances as if
<br />such advances were made on tho date of1his Security Instrument regardless ofthe facUhat 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 TlON. 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 />CONSTRUCTION LOAN AGREEMENT. This Security Instrument is made in conjunction with a Construction
<br />Loan Agreement dated the same date as this Security Instrument and is subject to all of the provisions of the
<br />Construction Loan Agreement as if those provisions were fully set forth in this security Instrument and made a part
<br />of it.
<br />
<br /><02004-2006 Copyright (\llT1pliam;~ Systems, InC. D291-5A55 - 2006.07.166
<br />c:constructlon S~~~"YI"'t1UI1l<,\t. DL4007
<br />
<br />www, compliances y~l~rlls, CUlll
<br />800.%8.8522. fax 616.956.1868
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