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<br /> Do not write/type above ihis/ine. For filing purposes on/y. ' �
<br /> RETURN TO Farm Credit Services, P.O. Box 5080 Sandra Sweeney QQ�. ��A�p�
<br /> PREPARER: Grand Island, NE 68802-5080 (3081382-9025 V V `.t G1
<br /> FCSM 5011 (7-95) �-�
<br /> Farm Credit Servicea �
<br /> TRUST DEED AND ASSIGNMENT OF RENTS �
<br /> Truator(s►:
<br /> WOITASZEWSKI BROTHERS JOINT VENTURE, A Joint Venture
<br /> Mailing Addresa:
<br /> 11775 W STOLLEY PARK RD
<br /> WOOD RIVER N�68883-9763
<br /> Th�s Trust Deed and Assignment of Rents is made Mav 07, 1998 by and emong the above named Trustor�s) and AgAmerica,
<br /> FC:B, "Trustee," whose mailing address is PO Box TAF-05, Spokane, Washington 99220-4005, and
<br /> Farm Credit Services of the Midlands FLCA "Beneficiary," whose mailing address is 206 S 19th Street
<br /> Omaha, NE 68102-1745 � in consideration of the advance by Beneficiary to Trustorls) of the principal sum
<br /> specitied below, the receipt of which is hereby acknowledged, and any future, additional, or protective advances made to or on behalf of
<br /> Trustor�s) at Beneficiary's option, Trustor�s) irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the
<br /> benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the
<br /> property, located in Hall County�iesl, State of Nebraska, and described as (ollows:
<br /> SW 1/4 of Section 19, Township 12N, Range 11 W 6th P.M., EXCEPT�NG therefrom the
<br /> following:A small tract of land in the SW 1/4 of Section 19, Township 12N, Range
<br /> 1 1 W described as follows: Beginning at a point 380 feet east of the Northwest corner
<br /> of said SW 1/4 of Section 19;thence East 50 feet on the North boundary of said SW
<br /> 1/4 of Section 19; thence West 50 feet; thence North 25 feet to the place of
<br /> beginniing;AND EXCEPTING a tract of land described as the West 50.0 feet of the
<br /> South 2,417.1 feet of the SW 1/4 of Section 19, Township 12N, Range 1 1 W 6th P.M.;
<br /> AND ALSO EXCEPTING D&W Subdivision, an Addition to the village of Cairo.
<br /> together with all Trustor's right, title, and interest in the property, now or herea(ter acquired, including: all buildings, fixtures, crops, and
<br /> improvements now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses,
<br /> income, profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all
<br /> personal property that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including
<br /> any appurtenances and accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any
<br /> time hereafter belonging to or in any way pertaining to the property, whether or not specificalty described herein; all above and below ground
<br /> irrigation equipment and accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or
<br /> hereafter issued, extended or renewed by Trustor�s►, any State, the United States, or any department, bureau, instrumentality, or agency
<br /> thereof. The foregoing is collectively referred to in this document as the "property."
<br /> It fs underatood and agreed between Trustorls)and Beneflciary that thts Trust Deed is given to secure:
<br /> (a1 Promissory note(s) executed by Trustor�s) to Beneficiary described as follows:
<br /> Date oi Note Princiaal Amount
<br /> os/o�/9e aeo,000.00
<br /> payable according to the te�ms of the note�sl, and any addendum to, reamortization or restructuring of the notelsl.
<br /> (b) The repayment in tull by Trustor�s) of any and aIl future and additional loans or advances which may be made by Beneficiary, at its option,
<br /> at the request oi, and to or for the account of Trustor�s►, or any of them, far any purpose, plus interest on all loans or advances, under any
<br /> notels) or other instrument(s► modifying, refinancing, extending, renewing, reamortizing, or restructuring, new existing, or additional
<br /> indebtedness or any part thereof, all payable according to the terms of the note�s) or other instrumentls►; provided, however, that the total
<br /> principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of:
<br /> TWO HUNDRED EIGHTY THOUSAND DOLLARS
<br /> (S 280,000.00 ), exclusive of interest and protective advances authorized herein or in the loan agreementlsl; provided further, that THIS
<br /> PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME,
<br /> WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br /> (c) The repayment in full by Trustor(s) of all amounts advanced by Beneficiary at its option, to or on behalf of Trustor�s) as protective advances
<br /> authorized herein, in the loan agreementls►, or in other instrument�s) which evidence such advances, plus interest on all such advances, payable
<br /> as provided in the note�s►, loan agreement(s►, or other instrumentls►.
<br /> (d) The payment in full of any and all other past, present, or future, direct or contingent, debts and liabilities of Trustor�s) to Beneficiary of any
<br /> nature whatsoever. •
<br /> This Trust Deed will be due Februarv 01, 2018 , or upon ihe payment in full of all sums secured hereby.
<br /> Trustorls) hereby warrants that Trustor�s) holds fee simple title to the above described property, that Trustor�s) has good and lawful authority to
<br /> deed and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that
<br /> Tnostor(s) will warrant and defend the property, at Trustor�s) expense, against all claimants whomsoever. Trustorls) also hereby waives and
<br /> relinquishes all rights of dower, homestead, distributive share, and exemption in and to the above described property.
<br /> Trustor�s)and each o�them turther covenants and agrees wlth Beneficlary as follows:
<br /> 1. To pay all liens,judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges
<br /> upon the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including
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