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<br />'° n <br />~ ^4' <br /> <br />~ <br />o~ <br />~ <br />~ <br />~ <br />~ <br />~ <br />aA <br />© ~ <br /> <br />s <br />': a <br />~ N <br />~ <br />~a <br />~ <br />~ ~ <br />O <br />~ ~ ~ 7r <br />a <br />~ ~ ~ <br />~ err h1 f1 ~ nn '' ~ ['~ " F--' ~ <br />~ <br />~ ~ ~ _ 7~f~ ~ <br />j <br />-.i C.~J ~ <br />q <br />-T1 O Z <br /> 7~. <br /> <br /> <br /> <br /> <br />~^~ w oa ~ Z <br /> v <br />(Space Above This Line For Recording Data) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />FUTURE ADVANCES AND FUTURE OBLIGATIONS ARE SECURED BY THIS REAL ESTATE DEED <br />OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on February 12, 2010 <br />by the grantor(s) Patrick J. McGuire Revocable Living Trust dated August 9, 2007, a Nebraska Trust, whose <br />address is PO Box 156, Wood River, Nebraska 68883 ("Grantor"). The trustee is Pathway Bank whose address is <br />PO Box 428, Cairo, Nebraska 68824 ("Trustee"). The beneficiary is Pathway Bank whose address is 306 S <br />High St, P O Box 428, Cairo, Nebraska 6$824 ("Lender"), which is organized. and existing under the laws of the <br />State of Nebraska. Grantor in consideration of loans extended by Lender up to a maximum principal amount of <br />Two Hundred Thousand and 00/100 Dollars ($200,000.00) ("Maximum Principal Indebtedness"), and for other <br />valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, <br />in trust, with power of sale, the following described property located in the County of,Hall, State. of Nebraska: <br />Legal Description: The North Half of the Northeast Quarter (N1/2 NE1/4) of Section (7), Township Ten <br />(10) North, 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 tithe in the future, be located an 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 ar 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 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 ar 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 February .12, 2011. <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 COLLAT-ERALIZArT~OI~I. It is--the expressed .intent of Grantor tb cross coliateralize 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 far encumbrances <br />®2004.2009 Compliance Systems, Inc. DA40-CA06 - 2009.08.333 <br />~~ So <br />'ommercial Real Estate Securil Instrument - DL4007 _ Page 1 of 5 ww,com liances tcros.con <br />Initials <br />