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~ ti~" <br /> <br /> <br /> <br /> ~ <br />~~ ~aN ~~~~ ~ ~~ ~ ~ <br /> ~ <br /> <br />~"" ' ~ ~ rr- ~ ~ <br />~ <br /> <br />O ~ <br />~ ~ <br />~ _..C r7"I <br />....~.~. ~, rv <br />'""~ _ <br />°~ ~ trt ~ <br /> <br /> <br /> (Space Ahove This Line Far 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 TRJST ("Security Instrument") is made on June 23, 2010 by <br />the grantor(s) Cairo Bowl & Lounge Inc., a Nebraska Corporation, whose address is 320-324 S High St, Cairo, <br />Nebraska 68824 ("Grantor"). The trustee is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824 <br />("Trustee"). The beneficiary is Pathway Bank whose address is 306 S High St, P O Box 428, Cairo, Nebraska <br />68824 ("Lender"), which is organized and existing under the laws of the State of Nebraska. Grantor in <br />consideration of loans extended by Lender up to a maximum principal amount of One Hundred Ten Thousand <br />and 00/100 Dollars ($110,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the <br />receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, <br />the following described property located in the County of Hall, State of Nebraska: <br />Address: 320-324 S High St, Cairo, Nebraska 68824 <br />Legal Description: Lots Nine (9), Ten (10), Eleven (11) and Twelve (12), Block Ten (10), Original Town of <br />Cairo, Hall County, Nebraska, and a rectangular piece of land being more particularly describes as: <br />Beginning at the Southeast corner of Lot Twelve (12), Block Ten (10), Orginal Town of Cairo, Hall County, <br />Nebraska, thence running South Three Feet (3'), thence west parallel to the South line of said Lot Tweeve <br />(12), a distance of One Hundred Forty Feet (140'); thence North Three Feet (3'), thence East along the <br />South line of said Lot Twelve (12) One Hundred Forty Feet (140') to the point of beginning. <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 ar 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 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, enviromnental 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 Jason L Price and Scott A Bradley <br />to Lender, howsoever created or arising, whether primary, secondary or contingent, together with any interest or <br />charges 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 inelades, <br />but is not limited to, the following: promissory Hate dated June 23, 2010, in the amount of $110,000.00 and <br />any renewals, extensions or modifications. <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, far itself, its heirs, personal representatives, successors, and assigns, represents, <br />warrants, covenants and agrees with Lender, its successors and assigns, as follows: <br />® 2004-2009 Compliance Systems, Inc. FCEB-EDBI - 2009.12.339 <br />Commercial Real Estate Security (nstrumant - AIA007 ..~ Pa¢e 1 of 5 <br />