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<br />LOAN NUMBER: 1280905
<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on March 19,2007 by
<br />James C Augustine, Trustee of the Amendment and Restatement of James C Augustine Revocable Living
<br />Trust Agreement dated November 29, 2005, as Amended and Nancy K Augustine, Trustee of the
<br />Amendment and Restatement of Nancy K Augustine Revocable Living Trust Agreement dated November
<br />29, 2005 as amended, whose address is 2316 Cottonwood Road, Grand Island, Nebraska 68801 ;
<br />the grantor(s) ("Grantor"). The trustee is Union Bank and Trust Company whose address is PO Box 5166,
<br />Grand Island, Nebraska 68802 , ("Trustee"). The beneficiary is Union Bank & Trust Company whose address
<br />is 2008 North Webb Road, Grand Island, Nebraska 68803 ("Lender"), which is organized and existing under the
<br />laws of the state of Nebraska. Grantor in consideration of loans extended by Lender up to a maximum principal
<br />amount of One Hundred Thirty~four Thousand and 00/100 Dollars ($134,000.00) ("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 land and property described below:
<br />
<br />Address: 2316 Cottonwood Road, Grand Island, Nebraska 68801-7543
<br />Legal Description: Lot Nineteen (19), Block Four (4), Replat of Riverside Acres, an addition to the City of
<br />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, 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 affixed 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 />force and effect as if fully set forth herein.
<br />
<br />INDEB1'EDNESS. 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 Clarence P Fetsch and James C
<br />Augustine and Nancy K Augustine to Lender, howsoever created or arising, whether primary, secondary or
<br />contingent, together with any interest or charges provided in or arising out of such indebtedness, as well as the
<br />agreements and covenants of this Security Instrument and all Related Documents (hereinafter all referred to as the
<br />"Indebtedness"). INCREASED MAXIMUM PRINCIPAL INDEBTEDNESS: Grantor hereby
<br />aclmowledges that the principal amount shown above will automatically be increased by any future
<br />advances or other Indebtedness of the Grantor to the Lender. Notwithstanding the foregoing, the parties
<br />agree. tha~..~ otal amount which is secured by this Security Instrument shall not exceed
<br />$268,000.0~(lnitials)
<br />
<br />FUTURE ADVANCES. To the extent pemutted 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 />{ 2()()-!.,2UOh ('upy,-igIH Complii.lll4.:t' SYSte'll1!j, hIe. 1.)291-9AB6 - 2U06,01166
<br />~ l)mmen::ial Real FSIi.Ht St:curilY InsU"ul1lclll - DL4U07
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