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. �� � � ���. . <br />201101�80 <br />Inst. 20i i• 1 5 9 9 <br />(Space Above This Line For Rewrding Data) <br />COMMERCIAL 1tEAL ESTATE DEE� OF TRUST <br />FUTURE ADVANCES AND FUTURE OBLIGATIONS ARE SECURED BY THIS REAL ESTATE DEED <br />OF TR*JST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security InstrumenY') is made on February 25, 2011 <br />by the grantor(s) Darrell R Quaring, whose address is 27010 Wiseman, Shelton, Nebraska 68876 , and Joyce <br />M Quaring, whose address is 27010 Wiseman Rd, Shelton, Nebraska 68876 (°Grantor"). The trustee is <br />Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824 ("Trustee"). The beneficiary is Pathway <br />Bank whose address is 306 S High St, P O Box 428, Cairo, Nebraska 68824 ("Lender"), which is organized and <br />existing under the laws of the State of Nebraska. Grantar in consideration of loans extended by Lender up to a <br />maximum principal amount of One Million Five Hundred Sixty-three Thousand and 00/100 Dollars <br />($1,563,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which is <br />acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the land and <br />property described below: <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 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 or not appurtenant to the above- <br />described real properiy), 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 />connect�c.n �uith ±he above-�lescribed 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, environmental agreements, subordination agreements, assignments of leases and rents and any other <br />documents or agreements executed in connection with this Securiry 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. T'his 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 to Lender, howsoever created or arising, <br />whether primary, secondary or contingent, together with any interest or charges provided in ar 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"). Secured debt includes, but is not limited to, the following: <br />promissory notes dated February 25, 2011, in the amounts of $445,000.00 and $117,000.00 and any <br />renewals, extensions or mociifications. <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 CQLLATEIt?:LI'j��TIQ]'�. !* is the 1,YpressPd ir�tert of Grar.ta, to cross collateralize all of its <br />Indebtedness and obligations to Lender, howsoever arising and whensoever incurred. <br />WARRANT'IES. Grantor, lor itselt; its heirs, personal representatives, 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 Instrument and Related Documents in accordance with the terms contained therein. <br />Defense and Title to Property. At the time of execution 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 for encumbrances <br />m 2004-2010 Compliance Systems, Inc. P947-400F - 2010.OS365 <br />Commercial Real Estate Securitv Instrument - DIA007 Pa¢e 1 of 5 www.comoliancesvstems.com <br />� <br />