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So <br /> <br />(Space Above This Line For Recording Data) <br /> <br />LOAN NUMBER: 9464 <br />COMMERCIAL REA~ ESTATE DEED OF TRUST <br /> <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on June 20,2008 by <br />the grantor(s) Michael A Panowicz, Husband, whose address is 10288 W Whitecloud Rd, Cairo, Nebraska <br />68824 ; and Patricia M Panowicz, Wife, whose address is 10288 W Whitecloud Rd, Cairo, Nebraska 68824 <br />("Grantor"). The trustee is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824 ("Trustee"). The <br />beneficiary is Pathway Bank whose address is POBox 428, Cairo, Nebraska 68824 ("Lender"), which is <br />organized and existing under the laws of the state of Nebraska. Grantor in consideration of loans extended by <br />Lender up to a maximwn principal amount of Two Hundred Sixty-three Thousand Six Hundred Fifty-eight <br />and 75/100 Dollars ($263,658.75) ("Maximum Principal Indebtedness"), and for other valuable consideration, the <br />receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, <br />the land and property described below: <br /> <br />Legal Description: The North Half of the Northwest Quarter (Nl/2 NWl/4) and the North Half of the <br />Southwest Quarter of the Northwest Quarter (Nl/2SWl/4NWl/4) of Section Seventccn (17) , in Township <br />Twelve (12) North, Range Nine (9), West of the 6th P.M., Hall County, Nebraska, EXCEPT those tracts of <br />land describcd in Survivorship Warranty Deeds recorded as Document #78-002889 and Document #79~ <br />006574 in the Register of Deeds Office, Hall County, Nebraska, containing 94 acres, more or less, and <br />EXCEPT Lot 1, Rauert Second Subdivision, 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 mim:rals, 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 andlor 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 ca\1ed the "Property"). <br /> <br />RELATED DOCUMENTS. The words "Related Documents" mean a\1 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 ofcagreements.executed in connection with this Security Instrument whether now or heI"eafter:'exi~tiT\.g~ <br />The Related Documents are hereby made 'a part of this Security Instrument by reference thereto, with the same <br />force and effect as iffu\1y 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 we\1 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, if not paid earlier, shall be due and payable on June 20, 2018. <br /> <br />FUTURE ADVANCES. To the extent pemitted 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 />(:> 2004-2ooicoPYdght Compli.'nce System,. Inc. 23FA'OS4S'. 2007.07::\00 <br />[,merc,., R.ca' Est.te SeCUtll" Ins"ument . DL4007 <br /> <br />Illitials <br /> <br /> <br />I r'a elof.s <br />