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�� <br />� <br />�w <br />N � <br />� �� <br />� �^ <br />� �� <br />� � <br />� <br />� <br />� <br />� <br />� <br />� <br />�� <br />�� <br />�� <br />� Q � <br />. �. <br />Q � � <br />� � <br />� � -�. <br />� <br />�, � � <br />� � � <br />Q4 �`- <br />�J <br />� n <br />` <br />� .' . . <br />t � <br />� <br />-et <br />G <br />Py Z <br />� � � <br />�"► � <br />�1 <br />_ �7 <br />A � <br />� � <br />� � <br />,� �"1 i <br />c_ra ,� <br />,.,.� [ a U� —•-� <br />� �' �7 _i C� 1'¢'1 <br />�.� _...� c::- x-- �.7 <br />_. � � N m <br />-�; <br />r -, � ', � --�t �" � G <br />4J - "� . � <br />L� � �y;- �U '4 ;T-1 f--e � <br />T7 4L� Tr _ � <br />: r "" <br />r �' r ��J�,. .S ��"i � C/J <br />�'f1 ., �..: � Iy , C?7 � �"' <br />t *� f " � � <br />« � r xa- � C <br />v� , � <br />� V� <br />x �) <br />� � � .s � C7� <br />� �� � � <br />[r� <br />�� �o <br />(Space Above This Line For Recording Data) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made an November 1, 2010 <br />by the grantor(s) Dawn M Peard, a single person, whose address is 1710 Columbia Circle, Grand Island, <br />Nebraska 68$Ql ("Grantor"). The trustee is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 6$824 <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 tha State of Nebraska. Grantor in <br />consideration of loans extended by Lender up to a maximum principal amount of Eight Hundred Thirty <br />Thousand Eight Hundred and 00/l00 Dollars ($83Q,$00.00) ("Maximum Principal Indebtedness"), and far other <br />valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to TrusCee, <br />in trust, with power of sale, the following described property located in the County of Hall, State of Nebraska: <br />Legal Description: See 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 goods of what�ver description <br />and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or <br />ocherwise), water rights (whether riparian, apprapriate or otherwise, and whether or not appurtenant ta 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 />cannection with the above-described real property, payment awards, amounts received from eminent domain, <br />amounts received from any and all insurance paytnents, and timber which may now or later be located, situated, or <br />affixed on and used in cannectian therewith (hereinafter called the "Property"). <br />RELATED DQCUMENTS. 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 naw 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 Securiry 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 naw or hereafter owing from Grantor to Lender, howsoever created or arising, <br />whether prirnary, secondary or contingent, together with any interest or 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"). <br />MATURITY DATE. 'The Indebtedness, if not paid earlier, shall be due and payable on November 1, 2015. <br />FUTURE ADVANC�S. To the extent pertnitted 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 tha fact that from time to time th�re <br />may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. <br />CROSS COLLAT�RALIZATION. Tt is the expressed intent of Grantor to cross collateralize all of its <br />Indebtedness and obligations to Lender, howsaever arising and whensoever incurred. <br />WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, <br />warrants, covenants and agrees with I,ender, its successors and assigns, as follows: <br />Performance ot Obligations. Grantor promises to perform all terms, 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 executian 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 />Property. Grantor covenants that the Property is unencumbered and free of all liens, except far encumbrances <br />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally <br />the title to the Property against any and all claims and demands whatsoever, subject to the easements, <br />restrictions, or other encurnbrances of record acceptable to I.,ender, as may be listed in the schedule of <br />m 200A•2010 Complianca Systems, lnc. F947-39C3 - 2010.05365 <br />Commercial Real Estare Sec�ritv instrument - DLA007 Pa¢e 1 of 5 <br />