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So <br /> <br />(SpaC\l Abov\l This Line For R\lcording Data) <br /> <br />LOAN NUMBER: 9330 <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br /> <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on May 28, 2008 by <br />the grantor(s) M~Z Corporation, a Nebraska Corporation, whose address is 2332 N Broadwell Avenue, Grand <br />Island, Nebraska 68801 ("Grantor"). The trustee is Pathway Bank whose address is PO Box 428, Cairo, <br />Nebraska 68824 ("Trustee"). The beneficiary is Pathway Bank whose address is 306 S. High PO Box 428, <br />Cairo, Nebraska 68824 ("Lender"), which is organized and existing under the laws of the state of Nebraska. <br />Grantor in consideration of loans extended by Lender up to a maximum principal amount of Three Hundred <br />Sixty-eight Thousand Nine Hundred Sixty-three and 86/100 Dollars ($368,963.86) ("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 />County of Hall, State of Nebraska: <br /> <br />Address: 2332 N. Broadwell Avenue, Grand Island, Nebraska 68801 <br />Legal Description: Lot One (1), Block Fourteen (14), College Addition to West Lawn, City of Grand <br />Island, Hall County, Nebraska <br />Parcel ID/Sidwell Number: 400315777 <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 />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 />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 John H. Matthes and Henry G. <br />Polak to Lender, howsoever created or arising, whether primary, secondary or contingent, together with any <br />interest or charges provided in or arising out of such indebtedness, as well as the agreements and covenants of this <br />Security Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness"). <br /> <br />MATURITY DATE. The Indebtedness, ifnot paid earlier, shall be due and payable on January 22, 2024. <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 />C> 2004-2007 Copyright Compliance System._ Inc. 23FA-F76I - 2007.07.200 <br />IcommerCial Real Estate Security In,trumont. DL4007 <br /> <br />Initials <br /> <br />www.compliancesystems"com <br />SOO.968-8522. Fa. 616-956_18681 <br /> <br />Psgelof5 <br />