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<br />__, _ .. (5p~e Above This,l,,lne ForRecordin~ Data), , ^_ _
<br />COMMERCIAL REAL ESTATE DEED OIL TRUST
<br />FUTURE ADVANCES AND FUTURE OBLIGATIONS ARE SECURED BY THTS REAL ESTATE DEED
<br />OF TRUST
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on April 29, 2010 by
<br />the grantor(s) Kayl Enterprises L.L.C., a Nebraska Limited Liability Company, whose address is 2820 E Hwy 34,
<br />Grand Island, Nebraska 68801 ("Grantor"). The trustee is Pathway Bank whose address is PO Box 428, Cairo,
<br />Nebraska b8824 ("Trustee"). The beneficiary is Pathway Bank whose address is 30b S High St, P O Box 428,
<br />Cairo, Nebraska GR324 ("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 Two Hundred
<br />Fifty Thousand and 00/l00 Dollars ($250,000.00) ("Maximum Principal Indebtedness"), and for other valuable
<br />consideration, the rE:ceipt of which. is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust,
<br />with power of salE, :'he following described property located in the County of Hall, State of Nebraska:
<br />Address: 2820 E Hwy 34, Grand Island, Nebraska 68801
<br />Legal Description: Part of the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section
<br />Twenty-Six (26), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County,
<br />Nebraska, more particularly described as follows: Commencing at the Southwest corner of the Southeast
<br />Quarter of Section Twenty-Six (26), Township Eleven (11) North, Range Nine (9) West of the bth P.M.,
<br />running thence North 1$ rods thence east 18 rods thence south l8 rods thence west to place of beginning,
<br />Excepting a tract of land more particularly described in Return of Appraisers recorded as Document No.
<br />81-000700.
<br />Parcel lU/Sidwell N~unber: 400207761
<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, ail, gas, water (whether groundwater, subterranean ar
<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 DOCU,MENTS.'.The words "Related Documents" mean all promissory notes; security agreements,.
<br />prior mortgages, prier deeds of trust, ,business .loan agreements, construction loan agreements, resolutions,
<br />guaranties, envirotmrental 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 and Robert F. Kayl to lender,
<br />howsoever created or arising, whether primary, secondary or contingent, together with any interest ar charges
<br />provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security
<br />Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness"). Secured debt includes,
<br />but is not limited to, the following: promissory note dated April 29, 2010, in the amount of $85,000.00 and
<br />any renewals, extensions or modifications.
<br />MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on March 29, 2023,
<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 Iaender 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 ~biigations to Lender, howsoever arising and whensoever incurred.
<br />® 20D4.2009 Compliance Sys)r,nu, Ina FCBB-C810. 2009.12.339
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