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tV <br />~-+ ~^ <br />~ ~~ <br />~ ~ <br />~~ <br />~ ~"~ <br />~~ <br />~~~ <br />.' <br />LOAN NUIvISER: 10568 <br />n~ <br />rrl <br />7~C = <br /> <br />v <br />N <br /> <br />n <br />4 <br />G <br />(Space Above This Line For Recording Data) <br />~~ <br />~ ~ ..~ <br />n ~ ~~ ~ <br />~`~ rV <br />~, -~ <br />T~~ ~ <br />rr ~ <br />~~ <br />W <br />C.J <br />C]~ <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on November 24, <br />2009 by the grantor(s) Tommy L Ummel Sr, whose address is 515 S. Shady Bend Rd, Grand Island, Nebraska <br />68801 ("Grantor"). The trustee is Pathway Bank whose address is FO Box 428, Cairo, Nebraska 68824 <br />("Trustee"). The beneficiary is Pathway Bank whose address is 306 S High St, P O 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 Sixty-five Thousand and <br />00/100 Dollars ($65,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the <br />receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, <br />the following described property located in the County of Hall, State of Nebraska: <br />Address: 242$ N. Huston Ave, Grand Island, Nebraska 68$01 <br />Legal Description: Lots One (1) and Three (3), in Block Two (2), in College Addition to West Lawn, in the <br />City of Grand Island, Hall County, Nebraska <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 />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 />INDEBTEDN>aSS. 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 ar 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 November 24, 2012. <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 />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 />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 />~«a_rsar. _ ~nno n5 t'la <br />]e,mmercial Rcul Estate Security Instrument - PL4007 _ .,_ Page I oC5 _ www.com lances stems.com <br />Initials <br />C"> V7 <br />~~ <br />C A <br />~ ~ <br />._..~ m <br />-~ ~ <br />~~ <br />-~ -,. <br />~~, <br />A C.p <br />r <br />C'" Ti <br />(!~ <br />~ ~ <br />to <br />a <br />N <br />a <br />c~ <br />C.© <br />rV <br />Cq <br />,a <br />~~ <br /> <br />m <br />C7 <br />a <br />Z <br />0 <br />a <br />. "~, c~ <br />