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<br />LOAN NUMBER: 8761
<br />COMMERCIAL REAL EST ATE DEED OF TRUST
<br />
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on November 2, 2007
<br />by Kayl Enterprises, LLC, a Nebraska Limited Liability Company, whose address is 2820 E Hwy 34, Grand
<br />Island, Nebraska 68801 the grantor(s) ("Grantor"). The trustee is Pathway Bank whose address is PO Box 428,
<br />Cairo, Nebraska 68824 , ("Trustee"), The beneficiary is Pathway Bank whose address is 306 S. High PO
<br />Box 428, Cairo, Nebraska 68824 ("Lender"), which is organized and existing under the laws of the state of
<br />Nebraska. Grantor in consideration of loans extended by Lender up to a maximum principal amount of One
<br />Hundred Seventy Thousand and 00/100 Dollars ($170,000.00) ("Maximum Principal Indebtedness"), and for
<br />other valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to
<br />Trustee, in trust, with power of sale, the following described property located in the County of Hall, State of
<br />Nebraska:
<br />
<br />Address: 13525 S Stuhr Rd, Doniphan, Nebraska 68832
<br />Legal Description: Lot One (1), Varah Subdivision, Hall County, Nebraska
<br />ParcellD/Sidwell Number: 400448092
<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 (whether groundwater, subterranean or
<br />otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above-
<br />described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites,
<br />storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in
<br />connection with the above.described real property, payment awards, amounts received from eminent domain,
<br />amounts received from any and all insurance payments, and timber which may now or later be located, situated, or
<br />affixed on and used in connection therewith (hereinafter 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 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 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").
<br />
<br />MATURITY DATE. The Indebtedness, ifnot paid earlier, shall be due and payable on May 2, 2008.
<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 TERALIZATION. 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 />www.compliancesystems.com
<br />800-968-8522 - ~!.~.~..~:2JHj
<br />
<br />
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<br />
<br />(02004-2006 CupyrighL Cumpli!lnc~ Systems. Inc. 340A.FD73 . 2006.11.182
<br />Commercial Real Estate Securit Instrument - DL4007 ~,~."__..__~~~_,),,.?t~",,_._
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