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<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 D�ED OF TRUST ("Security Tnstrument") is rnade on October 28, 2010
<br />by the grantor(s) Divot, L.L.C., a Nebraska Limited Liability Company, whose address is F O Box 428, Cairo,
<br />Nebraska 68$24 ("Grantor"). The trustee is Pathway Bank whose address is PO Bax 428, Caira, 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 the State of Nebraska. Grantor in
<br />consideration of loans extended by Lender up to a rnaximurn principal amount of Four Hundred Twenty-five
<br />Thousand and 00/100 Dollars ($425,000.00) ("Maximum Principal Indebtedness"), and for other valuable
<br />consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust,
<br />with power of sale, the fallowing described property located in the County af Hall, 5tate of Nebraska:
<br />Legal Description: Lots 3,4,6,7,8 of Centura Hills East Fourth Subdivision and Lot 16 Block 2 of Centura
<br />Hills East Subdivision Hall County, Nebraska.
<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 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 stock that may now, or at any time in the Future, be located on and/or used in
<br />connection with the abave-described real property, payment awards, amounts received t'rom eminent domain,
<br />amounts received from any and all insurance payments, and timber which rnay now or later be located, situated, or
<br />affixed an and used in connection therewith (hereinafter called the "Praperty").
<br />RELATED DOCUMENTS. The words "Retatsd Documents" mean all promissory nates, security agreements,
<br />prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions,
<br />guaranties, enviranmental agreements, subordination agreements, assignments of leases and rents and any other
<br />documents or agreernents 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 shawn above as may be evidenced by a
<br />promissory note or notes of even, prior or subsequent date hereto, includin� future advances and every other
<br />indebtedness of any and every kind now or hereafter owing from Grantor Co Lender, howsoever created ar arising,
<br />whether primary, secandary 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 Secuxity Instrument and all Related Dacuments
<br />(hereinafter all referred to as the "Indebtedness"). Secured debt includes, but is not limited to, the tollowing:
<br />promissary note dated October 28, 2010, in the amount ot' $425,000.00 and any renewals, extensions or
<br />modifications.
<br />MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on October 28, 2011.
<br />FUTURE ADVANCES. To the extent permitted by law, this Security lnstrument will secure future advances as if
<br />such advances were made on ihe date of this Security Instrument regardless af 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. lt is the expressed intent of Grantor to cross collateralixe all of its
<br />Indebtedness and obligations to Lender, howsoever arising and whensoever incurred.
<br />WARRANTIES. Grantor, for itself, its heirs, personal representaCives, successors, and assigns, represents,
<br />warrants, covenants and agrees with Lender, its successors and assigns, as follows:
<br />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this
<br />Security Instrurnent and Related Documents in accordance with the t�r►ns contained therein.
<br />� 2004-2010 Complianco Systems, ina, F947-SD28 - 2010.05365
<br />Cammerciel Real Estate Securitv Instrument - DL4007 Pa¢e 1 of 5
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