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...� <br />� <br />� � <br />� � <br />� �` <br />� � <br />� <br />�r <br />�� <br />�� <br />� <br />� <br />�' <br />� <br />� <br />Q <br />� <br />. � <br />; <br />� <br />� <br />� <br />c <br />_�� <br />nN.. <br />7C = <br />�: <br />�-_, <br />,__, <br />� c.=:� <br />_ �l, <br />m t �z� �,1 � ;'�:� <br />!'1 S !r� r*} � <br />� " � <br />� <br />� n� <br />� � c� <br />, ,(. <br />�: <br />�� <br />T , �� .> .� <br />�; � � <br />[,n � <br />� � <br />C` <br />� <br />� <br />c� v. <br />O —I <br />C I�« <br />z —� <br />_� �, <br />� o <br />:(� � <br />r r.�, <br />r__ ,K� <br />� x> <br /><�� <br />x <br />� <br />�� <br />� <br />� <br />C`] <br />rv <br />� <br />r—� <br />� <br />� <br />c� <br />co <br />�� <br />� <br />m <br />� <br />� <br />m <br />v <br />A <br />cn <br />Z <br />� <br />C <br />m <br />� <br />� <br />�$, � <br />(Space Above 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 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 <br />