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<br /> LOAN NUMBER: 10559
<br /> COMMERCIAL REAL ESTATE DEED OF TRUST
<br /> This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on November 16,
<br /> 2009 by the grantor(s) Ronald G Hargens Family Trust, a Nebraska Trust, whose address is 1551.2 W Abbott
<br /> Rd, Cairo, Nebraska 68824 ("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 306 S High St, P O Box 428,
<br /> Cairo, Nebraska 68824 ("Lender"), which is organized and existing under the laws of the State of Nebraska.
<br /> Grantor in consideration of loans extended by Lender up to a maximum principal amount of Three Hundred
<br /> Sixty Thousand One Hundred and 50/100 Dollars ($360,100.50) ("Maximum Principal Indebtedness"), and for
<br /> other valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to
<br /> Trustee, in trust, with power of sale, the following described property located in the County of Hall, State of
<br /> Nebraska:
<br /> Legal Description: The Northeast Quarter (NE 1/4) of Section Nineteen (19), Township Eleven (11) North,
<br /> Range Twelve (12), West of the 6th P.M., 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 /> INDEBTEDNESS. This Security Instrument secures the principal amount shown above as maybe 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 /> MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on November 19, 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 /> ® 2004.2009 Compliance Systems, Inc. 2535-5979 - 2009.05.328
<br /> Commercial Real Estate Security Instrument - DLA007 Page 1 of 5 w .Qom liances nems.com
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