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<br />(Space Above This Line For Recording Data)
<br />
<br />LOAN NUMBER: 9363
<br />COMMERCIAL REAL EST ATE DEED OF TRUST
<br />
<br />J5.5D
<br />
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on May 19,2008 by
<br />the grantor(s) Doniphan Heating & Air Conditioning, Inc., a Nebraska Corporation, A Nebraska Corporation,
<br />whose address is PO Box 223, Doniphan, Nebraska 68832 ; and Dwayne L. Weber, An Unmarried Person,
<br />whose address is 304 Walnut, Doniphan, Nebraska 68832 ("Grantor"). The trustee is Pathway Bank whose
<br />address is 3333 West State Street, Grand Island, Nebraska 68803 ("Trustee"). The beneficiary is Pathway Bank
<br />whose address is 3333 W. State St., Grand Island, Nebraska 68803 ("Lender"), which is organized and existing
<br />under the laws of the state of Nebraska. Grantor in consideration of loans extended by Lender up to a maximum
<br />principal amount of One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00) ("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 following described property located in the
<br />Nebraska of Hall County, State of Nebraska:
<br />
<br />Address: 208 West Pine Street, Doniphan, Nebraska 68832
<br />Legal Description: Lot Five (5), in Block Two (2), Original Town of Doniphan, 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 (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 anyand 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 />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 />docwnents 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 />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 Dwayne L. Weber to Lender,
<br />howsoever created or arising, whether primary, secondary or contingent, together with any interest or charges
<br />provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security
<br />Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness").
<br />
<br />MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on May 19,2013.
<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 Lender is obligated to make such future advances.
<br />
<br />CROSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collateralize all of its
<br />Indebtedness and obligations to 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 />
<br />C 2004.2007 Copyright Compliaoce Systems,lnc_ 23FA-4SI3 . 2007,07,200
<br />Commercial Real Estate Securi Instrument - DlAOO7
<br />
<br />
<br />www.compliancesystems.com
<br />600.96S.S522. Fax 616.956.1S6S
<br />
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