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<br />LOAN NUMBER: 9807
<br />COMMERCIAL REAL EST ATE DEED OF TRUST
<br />
<br />This COMMERCiAL REAL EST A TE DEED OF TRUST ("Security Instrument") is made on February 13,2009
<br />by the grantor(s) David Spiehs, Husband, whose address is 13038 W 13th, Wood River, Nebraska 68883 ; and
<br />Tamela Spiehs, Wife, whose address is 13038 W 13th, Wood River, Nebraska 68883 ("Grantor"). The trustee is
<br />Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824 ("Trustee"). The beneficiary is Pathway
<br />Bank whose address is POBox 428, Cairo, Nebraska 68824 ("Lender"), which is organized and existing under
<br />the laws of the State of Nebraska. Grantor in consideration of loans extended by Lender up to a maximum
<br />principal amount of Six Hundred Thousand and 00/100 Dollars ($600,000.00) ("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 />County of Hall, State of Nebraska:
<br />
<br />Legal Description: Parcell :The Southeast Quarter (SE1/4) of Section Seven (7), Township Eleven (11)
<br />North, Range Eleven (11) West of the 6th P.M., in Hall County, Nebraska excepting a certain tract more
<br />particularly described in Survivorship Warranty Deed recorded as Document No. 92-107046 and a certain
<br />tract more particularly described in Quit Claim Deed recorded as Document No. 92-107382.
<br />
<br />Parcel 2: A tract of land Fifty Eight (58) rods square in the Southeast corner of the Northeast Quarter (NE
<br />1/4) of Section Thirteen (13), Township Eleven (11) North, Range Twelve (12) West of the 6th P.M., Hall
<br />County, Nebraska Except a certain tract more particularly described in Warranty Deed recorded in Book
<br />122, Page 137.
<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 />RELA TED 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 iffulIy 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 Documents
<br />(hereinafter all referred to as the "Indebtedness").
<br />
<br />MATURITY DATE. The Indebtedness, ifnot paid earlier, shall be due and payable on February 13,2012.
<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 COLLA TERALIZA TION. 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 />o 2004~2008 Copyright Compliance Systems, Inc. 63C7.H8.FB . 2008.12.282
<br />Commercial Real Estat.e Securit Instrument ~ 01...4001
<br />
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