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<br />200807388
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<br />;:< 5.50
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<br />(Space Above This Line For Recording Data)
<br />
<br />LOAN NUMBER: 9330
<br />COMMERCIAL REAL EST ATE 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) Henry G. Polak, a single person, whose address is 1316 N. Lafayette Avenue, Grand Island,
<br />Nebraska 68803 ("Grantor"). The trustee is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824
<br />("Trustee"). The beneficiary is Pathway Bank whose address is 306 S. High PO Box 428, Cairo, Nebraska
<br />68824 ("Lender"), which is organized and existing under the laws of the state of Nebraska. Grantor in
<br />consideration of loans extended by Lender up to a maximum principal amount of Three Hundred Sixty-eight
<br />Thousand Nine Hundred Sixty-three and 86/100 Dollars ($368,963.86) ("Maximum Principal Indebtedness"),
<br />and for other valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and
<br />assigns to Trustee, in trust, with power of sale, the following described property located in the County of Hall,
<br />State of Nebraska:
<br />
<br />Address: 1316 N. Lafayette Avenue, Grand Island, Nebraska 68803
<br />Legal Description: Lot Four (4), Block Eleven (11), in Sheridan Place, an Addition to the City of Grand
<br />Island, Hall County, Nebraska
<br />Parcel ID/Sidwell Number: 400091968
<br />
<br />Together with al1 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 M-Z Corporation d/b/a J-Boy's
<br />Lounge and John H. Matthes to Lender, howsoever created or arising, whether primary, secondary or contingent,
<br />together with any interest or charges provided in or arising out of such indebtedness, as well as the agreements and
<br />covenants of this Security 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 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 L~nli€t iSbbUgated 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 />02004.2007 Copyright Compliance Systems, In.. 23FA.8EOE - 2007.07.200
<br />Commercial Rea.l Estate Securit Instrument - DL4007
<br />
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