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COMMERCIAL REAf ES'rATt JjEEI>'OF TRUST <br />FUTURE ADVANCES AND FUTURE OBLIGATIONS ARE SECURED BY THIS REAL ESTATE DEED <br />OF TRUST <br /> <br />This COMMERCIAL REAL EST A TE DEED OF TRUST ("Security Instrument") is made on April 20, 2009 by <br />the grantor(s) Aaron J Schweitzer, husband, whose address is 404 E Kansas St, Cairo, Nebraska 68824 ; and <br />Amanda M Schweitzer, wife, whose address is 404 E Kansas St, Cairo, Nebraska 68824 ("Grantor"). The trustee <br />is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824 ("Trustee"). The beneficiary is <br />Pathway Bank whose address is 306 S High St, 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 maximum principal amount of Seventy Thousand and 001100 Dollars ($70,000.00) ("Maximum <br />Principal Indebtedness"), and for other valuable consideration, the receipt of which is acknowledged, irrevocably <br />grants, 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: Lots Seventeen (17) and Eighteen (18), in Block Nine (9), in the Original Town of Cairo, <br />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 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 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 October 20,2009. <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 w make such future advances. <br /> <br />CROSS COLLA TERALlZA 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 />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 />iC 2004-2008 Copyright Compliance System'. Ino. 63C7-692C - 2008.12.282 <br /> <br /> <br />1~-'-'A3~~--"U~ <br /> <br />rago I of.5 <br /> <br /> <br />Imtial',~___ <br /> <br />www.complll:\.nce.!:iY.!;items.c:()m <br />800-968-8522- fax 616.956.18681 <br />