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~~.~~.-,~.~t .:~e~ 2D1002063
<br />(Space Above This Line For Recording Data)
<br />COIV~MERCIAL REAL ESTATE DEED OF TRUST
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on March 19, 2010 by
<br />the grantor(s) Rodney R Rauert, whose address is 2511 E Whitecloud RD, Grand Island, Nebraska b8801 ,and
<br />Judith A Rauert, Husband and Wife, whose address is 2511 E Whitecloud RD, Grand Island, Nebraska 68801
<br />("Grantor"). The trustee is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824 ("Trustee"). The
<br />beneficiary is Pathway Bank whose address is 306 S High St, P O Box 428, Cairo, Nebraska 68824 ("Lender"),
<br />which is organized and existing under the laws of the State of Nebraska. Grantor in consideration of loans
<br />extended by Lender up to a maximum principal amount of Five Hundred Thousand and 00/100 Dollars
<br />($500,000.00) ("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: NEl/4 of Section 33, Township 12 North, Range 9 West of the 6th P.M., Hall County,
<br />Nebraska
<br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures,
<br />tenements, hereditarnents, 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 stack 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 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"). Secured debt includes, but is not limited to, the following:
<br />promissory note dated March 19, 2010, in the amount of $240,000.00 and any renewals, extentions or
<br />modifications.
<br />MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on March 19, 2015.
<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 tenns, 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 />~ 2004.2009 Compliance Systems, Inc. FCkH-SFP 1 - 2009,12.339
<br />Commercial Real Estate Security Instrument - DLA007 Paae 1 of 5
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