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<br /> ~ n ~. m <br /> ~~ ~ j"'....:) ~ <br /> "'" (.n C;::;"" (") UJ <br /> ) r\1 (' ~.~I n % c:::> <br /> ~. . f co C) -l <br /> f{CCl .; (. ;ii'li: ::>l. c:x:-- I ~ :0 <br /> c::> Z-l m <br />I\.) ~. ~ s.. Xnen :c ~" '::-::> -.-11"T1 'Q CJ <br />s 1l~ m>.. ;:,., 4" ---i -<0 )> <br />S nen <'> f' = <br />(X) ~~~ ~:c c..,. 0"'" en <br /> O' c...J 00, Z <br />IS IT\~ ~ "T1 "T1z <br />(X) ~~~ 'd 0 t)- :::r: [11 <:>' ~ <br />~ m 'J -0 )> co <br />()"I m ~. :::3 ,;0 00 :0 <br />co ~ 0 ~ r:x:-- IJi;Ia. c: <br /> (fJ VJ s: <br /> ..c.. ~ f---> ;:><; "" m <br /> :I> e.o -". ~ <br /> U1 ................ <br /> U1 (.f) Z <br /> (.f) 0 <br /> <br />(Space Above This Line For Recording Data) <br /> <br />~.j-:SO <br /> <br />LOAN NUMBER: 9700 <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br /> <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on October 1,2008 by <br />the grantor(s) Bosselman Tank and Trailer Inc., a Nebraska Corporation, whose address is P.O. Box 1567, <br />Grand Island, Nebraska 68802 ("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 POBox 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 maximwn principal amount of One Million Five Hundred <br />Fifty Thousand and 00/100 Dollars ($1,550,000.00) ("Maximwn Principal Indebtedness"), and for other valuable <br />consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, <br />with power of sale, the following described property located in the County of Hall, State of Nebraska: <br /> <br />Legal Description: Platte Valley Industrial Park Fifth Subdivision, Lot 2, City of Grand Island, Hall <br />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 pennits, 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 abovewdescribed 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 />docwnents or agreements executed in connection with this Security Instrument whether now or hereafter existing. <br />The Related Docwnents 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 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 well as the agreements and covenants of this Security Instrument and all Related Docwnents <br />(hereinafter all referred to as the "Indebtedness"). <br /> <br />MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on October 1,2018. <br /> <br />FUTURE ADVANCES. To the extent pennitted 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 perfonn all tenns, conditions, and covenants of this <br />Security Instrument and Related Docwnents in accordance with the tenns 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 />Property. Grantor covenants that the Property is unencumbered and free of all liens, except for encumbrances <br />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally <br /> <br />C 2004.2007 Copyright Compliance Systems. Inc. 23fA.f3~O - 2007.07.200 <br />rommorcial Real Estate Socority IDSrrumont - OlA007 <br /> <br />Initials <br /> <br />www.eomplianusystems.com <br />800-968-8~22. fax 616.956.18681 <br /> <br />Page 1 oB <br />