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<br />
<br />LOAN NUMBER: 1280905
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />
<br />This COMMERCIAL REAL EST A TE DEED OF TRUST ("Security Instrument") is made on March 19,2007 by
<br />Clarence P Fetsch, a single person, whose address is 477 Ormsby Road, St Libory, Nebraska 68872 ; the
<br />grantor(s) ("Grantor"). The trustee is Union Bank and Trust Company whose address is PO Box 5166, Grand
<br />Island, Nebraska 68802 , ("Trustee"). The beneficiary is Union Bank & Trust Company whose address is 2008
<br />North Webb Road, Grand Island, Nebraska 68803 ("Lender"), which is organized and existing under the laws of
<br />the state of Nebraska. Grantor in consideration of loans extended by Lender up to a maximum principal amount of
<br />One Hundred Thirty-four Thousand and 00/100 Dollars ($134,000.00) ("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: 10 Saturn Street, Aida, Nebraska 68810
<br />Legal Description: Lot Ten (10), Argo Subdivision, Hall County, Nebraska
<br />
<br />Together with all easements, appurtenances abutting streets and al1eys, 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, 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 at1ixed on and used in connection therewith (hereinafter
<br />called the "Property").
<br />
<br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements,
<br />prior mortgages, 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 />forcc 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 James C Augustine and Nancy K
<br />Augustine 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"). INCREASED
<br />MAXIMUM PRINCIPAL INDEBTEDNESS: Grantor hereby acknowledges that the principal amount
<br />shown above will automatically be increased by any future advances or other Indebtedness of the Grantor
<br />to the Lender. Notwithstanding the foregoing, the parties_ agree that the total amount which is secured by
<br />this Security Instrument shall not exceed $268,000.00 t!! /'F (Initials)
<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 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 />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally
<br />
<br />(' 2004..2(J()6 COPYl1ght Complianf.:e SYSIt:I'TlS, InC" 0291-A9C4 - 2()()6.07. 166
<br />(.t.lmrn~l"I,;i~1 Rei:.d Es[at~ Sc::cunty III~Mument - DL4007
<br />
<br />Page I ~)f 5
<br />
<br />www.complianccsystcms.com
<br />800-968-85n - p"" 616-956-1868
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