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<br />LOAN NUMBER: 8921
<br />COMMERCIAL REAL ESTATE DEED OF TROST
<br />
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on December 28, 2007
<br />by Michael W Lowry, whose address is POBox 370, Cairo, Nebraska 68824 ; and Denise K Lowry, whose
<br />address is POBox 370, Cairo, Nebraska 68824 the grantor(s) ("Grilntor"). The trustee is Pathway Bank whoSI:
<br />address is PO Box 428, Cairo, Nebraska 68824 , ("Trustee"). The bcneficiary is Pathway Bank whose acldl'ess is
<br />306 S. High PO Box 428, Cairo, Ncbraska 68824 ("Lender"), which is organized and existing under the laws
<br />of the state of Nebraska. Grantor in consideration of IOilns extended by Lendcr up to a maximum principa I amount
<br />of Two Hundred Thirty Thousand and 00/100 Dollllrs ($230,000.00) ("Maximum Principal Indebtedness"), and
<br />for other valuable consideration, the receipt of which is acknowledged, irrevocably grants, ~onvcys and assigns to
<br />Trustee, in trust, with power of sale, the land and property dcscribed below:
<br />
<br />Legal Description: See Exhibit A.
<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), wilter rights (whether riparian, appropriate or otherwise, and whether or not appurtenilnt to the above-
<br />described real property), wclls, well permits, ditches, ditch rights, reservoirs, reservoir rights, rcservoir sites,
<br />storage rights, darns and water stock that may now, or at any time in the future, be located on ilnd/or USl:d in
<br />connection with the above-described real property, payment awards, amollnts received from elninent 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 ilgreements, 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 here,jner 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 ildvances and every nthl:r
<br />indebtedness of any and every kind now or hereafter owing from Grantor to Lender, howsoever creilted or arising,
<br />whether primary, secondary or contingent, together with any interest or charges provided in or arising out oj' such
<br />indebtedness, as well as the agreements and covenants of this Security Instrument and all Relilted Documents
<br />(hereinafter all referred to as the "Indcbtedness").
<br />
<br />MA TURITY DATE. The Indebtedncss, if not paid earlier, shall bc duc and payable on Deccmber 28, 2017.
<br />
<br />FUTURE ADY ANCES. To the extent pcnnittcd by law, this Security Instrumcnt will secure future advances as iJ'
<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 makr.~ sLl~h future
<br />advances.
<br />
<br />CROSS COLLATERALlZATION. It is the expressed intent of Grantor to cross collilteralize all oj' 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, covcnants and agrees with Lender, its successors and assigns, as follows:
<br />
<br />Performance of Obligations. Grantor promises to pedorm all terms, ~onditions, and covenants oj' this
<br />Security Instrument and Related Documents in accorclilnce with the tenllS contained therein.
<br />
<br />Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor is lawfu Ily
<br />seised of the estate hereby conveyed and has the exclusive right to mortgnge, grant, convey and assign the
<br />Property. Grantor covenants that the Property is unencumbered and free of all liens, cx~ept for encumbnll1cl:s
<br />
<br />02004-2006 CopYright C0l11phance Systems, Inc, J40A.FE8Z - 2006.] ],182
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