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<br />COMMERCIAL REA]C, ESTATE DEED OF TRUST
<br />This COMIV�RCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on May 4, 2011 by the
<br />grantor(s) Mark J Hemmer, Husband, and Katina Hemmer, Wife, whose address is 163 Friend Rd, St Libory,
<br />Nebraska 68872 ("Grantor"). The trustee is Pathway Bank whose address is PO Bog 428, Cairo, Nebraska 68824
<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 />considerarion of loans extended by Lender up to a maximum principal amount of 5eventy-three Thousand
<br />Three Hundred Eighty-four and 76/100 Dollars ($73,384.76) ("Maximum Principal Indebtedness"), and for
<br />other valuable consideration, the receipt of which is aclrnowledged, irrevocably grants, conveys and assigns to
<br />Trustee, in trust, with power of sale, the following described properiy located in the County of Hall, State of
<br />Nebraska: The Northwest Quarter of the North.east Quarter (NWl/4NE1/4) of Section
<br />Three (3), Township Twelve (12) North, Range Ten (10) West of the 6th P.M.,
<br />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 or
<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, 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 timber which may now or later be located, situated, or
<br />affi�ed on and used in connection therevvith (hereinaft�r_call�_d 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, constxuction loan agreements, resolutions,
<br />guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other
<br />documents or agreements executed in connecrion with this Security Instrument whether now or hereafter eacisting.
<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 priinary, 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 note dated May 4, 2011, in the amount of $73,384.76 and any renewals, extensions or
<br />modi�cations
<br />FLJTURE 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 tnne 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 itsel� 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 />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally
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<br />� 2004-2010 Complia¢ce Systams, Inc. F947-E64F - 2010.05365
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