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<br /> 20090874`?
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<br /> COMMERCIAL REAL ESTATE .DEED OF TRUST
<br /> This &U R' CIAL REAL ESTATE DE D OF TRUST ("Security Instrument") is made on October 27, 2008
<br /> by the grantor(s) Donald C'1.,RasmussffA#°&4 ziddress is 3806 Avenue : L, Kearney,:: Nebraska 68.847 ; and
<br /> ~Barbaira M. RasmussAW1i'ose address is':36I16 Zent a L; Kearney, Nebraska 68847 ("Grantor"):. 'I'he~trdstee is
<br /> Pathway Bank whose address is,PO`Box 428; Cd'iro,~Nebraska''68824 ("Trustee"): The beneficiary is Pathway
<br /> Bank whose address is P O' Box 428; Cairo; Nebrask4 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 principal
<br /> amount of Forty-nine Thousand One Hundred Sixty-three and 56/100 Dollars ($49,163.56) ("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 /> Legal Description: The Southwest Quarter (SW 1/4) of Section. Five (5), Township Twelve (12) North,
<br /> Range Eleven (11), West of the 6th P.M. in Hall County, Nebraska,mmd except a tract: of land
<br /> described in Exhibit:..A...
<br /> The Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section Fifteen (15), Township
<br /> Twelve (12) North, Range Eleven (11), West of the 6th P.M. in Hall County, Nebraska.
<br /> Property Size: 194 acres.
<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§tocjc that:may now qr at„any,tinie. u1, the.futg%.,be; tocated;.on; and/or,,,used in
<br /> connection with the above-described real property, payment awards, amounts received from eminent domain,
<br /> amounts received from and and all insitra'nce payirients tim
<br /> , and°ber'which may now or Wet tie located situated, or
<br /> itNed on 'and used'in connection'therevvith (hereinafter called the 'pro'perty'.').
<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 /> 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,,.strbsegtient.,date -hereto, inch¢di1 g..future,.advances. and evPlry 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 /> MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on December 1, 2021.
<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 /> maybe aq balance due under. the note and regardless, of wbether Lender is ,obligated to make such future advances.
<br /> =CROSS COLLATERALIZATIOM It is the ex'p'ressed intent" of Grantor to' cross collateralizev' all of its
<br /> Indebtedness and'obli'gations toLender, howsoever arising and whensoever incurred.
<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 /> 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 /> 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 /> the title to the Property against any and all claims and demands whatsoever, subject to the easements,
<br /> restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of
<br /> exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest in the
<br /> Property.
<br /> Condition of Property. Grantor promises at all times to preserve and to maintain the Property and every
<br /> part thereof in good repair, working order, and condition and will from time to time, make all needful and
<br /> proper repairs so that the value of the Property shall not in any way be impaired.,
<br /> m 0pyright
<br /> 0 200 04.2r20l07 a itq 18stak Compliance Systems, Inc. 23PA-9604 - 2007.07200 www.~trropi n esxstems,com
<br /> Security Instrument - DL4007 Page 2 of,6 SOn X69'3522 $ez 6I6 96.163
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