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a _ � h� f+ • h� <br />201103752 <br />(Space Above This Line For Recording Data) <br />CONIlVI�RCIAL REAL ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on February 25, 2011 <br />by the grantor(s) Leslie M Schimmer, whose address is 4204 W. Schimmer Dr., Grand Island, Nebraska 68803 , <br />Karen Schimmer, Husband and Wife, whose address is 4204 W Schimmer Dr, Grand Island, Nebraska 68803 , <br />Jeffery L. Schimmer, whose address is 4208 W. Schimmer Dr., Grand Island, Nebraska 68803 , Cynthia E. <br />Schimmer, Husband and Wife, whose address is 4208 W. Schimmer Dr, Grand Island, Nebraska 68803 , <br />Tyson J. Schimmer, whose address is 4287 Monitor Rd, Grand Island, Nebraska 68803 , and Annette R <br />Schimmer, Husband and Wife, whose address is 4287 Monitor Rd, Grand Island, Nebraska 68803 ("Grantor"). <br />The trustee is Pathway Bank whose address is PO Boz 428, Cairo, Nebraska 68824 ("Trustee"). The beneficiary <br />is Pathway Bank whose address is 306 S High St, P O Box 428, Cairo, Nebraska 68824 ("Lender"), which is <br />organized and e�sting under the laws of the State of Nebraska. Grantor in consideration of loans extended by <br />Lender up to a maximum principal amount of One Million Five Hundred Thousand and 00/100 Dollars <br />($1,500,000.00) ("Malcimum Principal Indebtedness"), and for other valuable consideration, the receipt of which is <br />aclrnowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the land and <br />property described below: <br />Legal Description: See attached Eahibit "A" and Eghibit "B" <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 proper'ty), wells, well permits, ditches, ditch rights, resen��irs, reservoir rights, reservair sites, <br />storage rights, da.ms 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 properiy, payment awards, amounts received from eminent domain, <br />amounts received from any and all insurance payments, and tixnber which may now or later be located, situated, or <br />affixed on and used in connection therewith (hereinafter called the "Properly"). <br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, <br />prior mortgages, prior deeds of trust, business loan agreements, construcrion loan agreements, resolutions, <br />guaranties, environmental agreements, subordinarion 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. This 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 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"). Secured debt includes, but is not limited to, the following: <br />promissory notes dated February 25, 2011, in the amounts of $250,000.00 and $865,000.00 and any <br />renewals, eztensions or modifications. <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 r�gardless 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 COLLATERALIZATION. 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. Grantor, for itself, 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 />� 2004-2010 Compliance Systems, Inc. F947-471 C- 2010.05365 <br />