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� <br />20110�13G <br />(Space Above This Line For Recording Data) <br />CONIlVIERCIAL IZEAL ESTATE DEED OF TRUST <br />This CONIlV�RCIAL REAL ESTATE DEED OF TRUST ("5ecurity Instrument") is made on February 19, 2011 <br />by the grantor(s) Louis R Myers, whose address is 12762 W White Cloud Rd., Cairo, Nebraska 68824 , and <br />Rhonda J. Myers, whose address is 12762 W White Cloud Rd., Cairo, Nebraska 68824 ("Grantor"). The trustee <br />is Pathway Bank whose address is PO Box 428, Cairo, Nebraska 68824 ("Trustee"). The beneficiary is <br />Pathway Bank whose address is 306 S High St, P O Box 428, Cairo, Nebraska 68824 ("Lender"), which is <br />organized and existing under the laws of the State of Nebraska. Grantor in consideration of loans extended by <br />Lender �p to a maximum principal amount of One Million Three Hundred Thousand and 00/100 Dollars <br />($1,300,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which is <br />aclaiowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the following <br />described property located in the County of Hall, State of Nebraska: <br />Legal Description: 5EE EXfIIBTT "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 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 above-described 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 />affs::�e3 �n at�c: uscd in ccnriec�on therewith (hereinafier called the '.'Prageriy"). <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 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"). <br />MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on August 18, 2011. <br />FLTTURE ADVANCES. To the e�ctent 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 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 />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 <br />the title to the Property against any and all claims and demands whatsoever, subject to the easements, <br />m 2004-20t0 Complience Systama, Inc. F947-0130 - 2010.03.365 <br />Commercial Real Estate Securitv Instrument - DIA007 Paee I of 5 <br />