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~a~ <br />~ ~~~ <br />rrrrl..r~ ~ ~ <br />.,~ n, ~-~ <br />.. ~' ~` <br />e ~*-~--~ ~a" <br />~ ~~ ~ °(7 <br />~ .~..~ ~ ~ <br />~_ ~ ~ <br />~~ .~ <br />wrr~lr~ <br />awrw.a~w...a <br />~' n ~ m <br />~+ ran cn ~ ~ c;~ z <br />~ ,,1 # Z e'1 ~C ~- rt ru m <br />-~ c~ v <br />7nC = ~ -*1 h-+ ~'' z ~ CA <br />~' ~.,,, ~ r~ c <br />a ~ <br />na `,, -- c.`' m <br />rya ~~ z <br />(Space Above This Line For Recording Data) <br />C~#1~1~~ERCIA:L REAL, ES ~"ATE.DEED QF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on May 25, 2010 by <br />the grantor(s) August Peters, Husband, whose address is 10532 W Husker HWY, Wood River, Nebraska 68883 <br />and Elaine Peters, Wife, whose address is 10532 W Husker HWY, Wood River, Nebraska 688$3 ("Grantor"). <br />The trustee is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824 ("Trustee"). The beneficiary <br />is Pathway Bank whose address is 306 S High St, P O Box 428, Cairo, Nebraska 68824 ("Lender"), which is <br />organized and existing under the laws of the State of Nebraska. Grantor in consideration of loans extended by <br />Lender up to a maximum principal amount of One Million and 00/1.00 Dollars ($],000,000.00) ("Maxi.mum <br />Principal lndebtedness"), anal for other valuable consideration, the receipt of which is acknowledged, irrevocably <br />grants, conveys an~J assigns to Trustee, in trust, with power of sale, the following described property located in the <br />County of Hall, State of Nebraska: <br />Legal Description: 'Che Southwest Quarter (SW1/4) of Section Twenty-seven (27), Township Eleven North, <br />Range Eleven Went of the Sixth Principal Meridian, Hall County, Nebraska, EXCEPTING a tract of land <br />more particularly described in Plat of S and L Subdivision recorded as Document No. 200400536. <br />and <br />The Northwest Quarter (NW1/4) and the Northwest Quarter of the Northeast Quarter (NW1/4 NE1/4) of <br />Section Thirty-four (34); all in Township Eleven (11) North, Range Eleven (11) West of the 6th P,M., Hall <br />County, Nebraska, all together c~:~taining 360 acres more or less. <br />Together with al. ~'asements, 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 atl~er rights .and pri_vil?ges including all minerals, rail, gas. water (whether grqundwater, subterranean ar <br />otherwise), water ~~ihhts (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 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 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 DocimientS 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 P & J Farm, Inc. to Lender, <br />howsoever created or arising, whether primary, secondary or contingent, together with any interest or 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 May 3, 2010, in the amount of $125,000.00 and <br />any renewals, extensions or modifications. <br />MATURITY DA'Ci,. The lndebtedness, if not paid earlier, shall be due and payable on May 25, 2011. <br />FUTURE ADVA"ACES. 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 represeritatives, successors, and assigns, represents, <br />warrants;- covenants and'.a ;Tees with'Lender, its successors and assigns, as follows: <br />A 2064-20b9• Cam liance Systems; inc. FC'.B 04UD - 2009,12.339 ~ ' ~ <br />f.'um+narcial Real -(state Seaunty Instrumet -- DL40o7' ' «"' "^ is ' ' ' <br />~„_, "'t'aga 1 of 5 ~, ts+Wwn: c"o" ion ~ ka~h'sr.,lYm <br />~. ~ ., ~. <br />/ nA <br />