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<br /> <br /> <br /> <br /> ~~r►r~lf R1' 201006683 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> (Space Above This Line For Recording Data) <br /> COMMERCIAL REAL ESTATE DEED OF TRUST <br /> FUTURE ADVANCES AND FUTURE OBLIGA7"IONS ARE SECURED BY THIS REAL ESTATE DEED <br /> OF TRUST <br /> This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on September 10, <br /> 2010 by the grantor(s) Douglas G. Fotinos, Husband, whose address is 15800 S 150th Rd, KENESAW, <br /> Nebraska 68956-9608, and Beth M. Fotinos, Wife, whose address is 15800 S 150th Rd, KENESAW, Nebraska <br /> 68956-9608 ("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 423, Cairo, Nebraska <br /> 68824 ("Lender"), which is organized and existing under the laws of tie State of Nebraska. Grantor in <br /> consideration of loans extended by Lender up to a maximum principal amount of Forty-five Thousand and <br /> 00/100 Dollars ($45,000.00) ("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 /> Legal Description: See attached Exhibit "A" <br /> Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, <br /> tenements, hereditaments, equipment, rents, income, profits and royalties, personal goads of whatever description <br /> and all other rights anal 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 propert % 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, prier 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, "tis Security Instrument secures the principal amount shown above as may be evidenced by a <br /> promissory note or tes of even, prior or subsequent date hereto, including future advances and every other <br /> indebtedness of any jutd every kind now or hereafter owing from Grantor to Lender, howsoever created or arising, <br /> whether primary, se~gndary or contingent, together with any interest or charges provided in or arising out of such <br /> indebtedness, as wdil 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 September 10, 2010, in the amount of $45,000.00 and any renewals, extensions or <br /> modifications. <br /> MATURITY DAT'K. The Indebtedness, if not paid earlier, shall be due and payable on September 4, 2015. <br /> FUTURE ADVANCES, To the extent permitted by law, this Security Instrument will secure future advances as if <br /> such advances weri made on the date of this Security Instrument regardless of the fact that from time to time there <br /> may be no balance 1ue under the note and regardless of whether Lender is obligated to make such future advances. <br /> CROSS COLLA*I'ERALIZATION, 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. 5rantor, for itself, its heirs, personal representatives, successors, and assigns, represents, <br /> warrants, covenantR and agrees with Lender, its successors and assigns, as follows: <br /> Performane of Obligations. Grantor promises to Ilerfonn all terms, conditions, and covenants of this <br /> Security Ins 'ument and Related Documents in accordance with the terms contained therein. <br /> O 2004-2010 Compliance S,~-iems. Inc. F947-F344 - 2010.05.365 <br /> it_ <br /> Commercial Rol Estate 5 r Y Instrument - DL4007 Page I of N w .com liances stems.eom <br /> Initials <br />