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<br />COMMERCIAL REAL ESTATE DEED OF TRUST
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on February 10, 2010
<br />by the grantor(s) Alan W Roth, Husband, whose address is 17350 Old Potash, Wood River, Nebraska 68883 ;
<br />and Rhonda K Roth, Wife, whose address is 17350 Old Potash Hwy, Wood River, Nebraska 68883 ("Grantor").
<br />The trustee is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68$24 ("Trustee"). The beneficiary
<br />is Pathway Bank whose address is 306 S High St, P O Box 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 Two Hundred Thirty-three Thousand and DO/100 Dollars
<br />($233,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which is
<br />acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the following
<br />described property .located in the County of Hall, State of Nebraska:
<br />Legal Description:, The West Half of the Southeast Quarter (W1/2SE1/4) of Section 16, Township 11
<br />North, Range 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 reccived 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 ar 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 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 September 1, 2024.
<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 />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally
<br />P 2004.2009 Compliance Systa.ns, Tne, DA40.478D • 2009,08.333
<br />Commercial Real F..ern~n Snrnirirv In:r.~~n.e... _ nr nnnh
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