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201203�1� <br />Parcel 5: The North Half of the Southwest Quarter (N'/2 SW%4) and the Northwest Quarter (NW%4), all in <br />Section Twenty Seven (27), Township Twelve (12) North, Range Fourteen (14) West of the 6th P.M., <br />Buffalo County, Nebraska <br />This document is executed in 2 counterparts to facilitate recording in multiple counties but shall be <br />deemed to be one document. <br />together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: <br />all buildings, fixtures, timber, timber to be cut, crops, and improvements now on or hereafter placed <br />upon the property; all appurtenances, water, water rights, irrigation, and drainage rights; all rents, <br />issues, uses, income, profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of <br />whatever nature, including geothermal resources; all personal property that may integrally belong to or <br />hereafter become an integral part of the real estate whether attached or detached, including any <br />appurtenances and accoutrements of any structure or residence secured hereby; easements and other <br />rights and interests now or at any time hereafter belonging to or in any way pertaining to the property, <br />whether or not specifically desrribed herein; all above and below ground irrigation equipment and <br />accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the <br />property, now or hereafter issued, extended or renewed by Trustor(s), any State, the United States, or <br />any department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in <br />this document as the "property." <br />It is understood and agreed befinreen Trustor(s) and Beneficiary that this Trust Deed is given to secure <br />the repayments in full of the following described obligations, regardless of whether Mortgagor(s) is(are) <br />liable thereon, and all future and additional loans or advances, protective or otherwise, which may be <br />made by Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), the parties <br />liable under the note(s) or credit agreement(s), or any of them, for any purpose, plus interest thereon, <br />all payable according to the terms of the note(s), credit agreement(s), or other instrument(s) modifying <br />the same. <br />Date of Note(s) or Credit Aqreement(s) Principal Amount <br />04/27/2012 $2,000,000.00 <br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one <br />time will not exceed the sum of TWO MILLION, ($2,000.000.00), exclusive of interest and protective <br />advances authorized herein or in the loan agreement(s); provided further, that THIS PARAGRAPH <br />SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN <br />ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS <br />ABOVE HAS BEEN ADVANCED. <br />This Trust Deed will be due Au�ust 1, 2012. <br />Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that <br />Trustor(s) has good and lawful authority to deed and encumber the same, that the property is free and <br />clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) will warrant <br />and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also <br />hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and <br />to the above described property. <br />Trustor(s) and each of them further covenants and agrees with, or certifies to, Beneficiary as <br />follows: <br />1. To pay all liens, judgments, or other assessments against the property, and to pay when due all <br />assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or <br />privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public <br />domain. <br />2. To insure and keep insured buildings and other improvements including fixtures and attachments <br />now on or hereafter placed on the property to the satisfaction of Beneficiary, will on demand furnish <br />said policies or furnish proof of insurance to Beneficiary. Any sums so received by Beneficiary may be <br />used to pay for reconstruction of the destroyed improvements or if not so applied may be applied, at the <br />option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust <br />Deed. Such insurance will be in an amount at least equal to the lesser of the loan balance, the actual <br />cash value of the collateral, or the replacement cost of the property, and will at a minimum, cover losses <br />caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, <br />windstorm, and hail. Trustor(s) will obtain and keep flood insurance in force to cover losses by flood as <br />required by Beneficiary and by the National Flood Insurance Act of 1968, as amended, and by <br />regulations implementing the same. Trustor(s) further agree that Beneficiary is not and will not be liable <br />for any failure by Trustor(s) or by any insurer, for whatever reason, to obtain and keep this insurance in <br />force. <br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on <br />the property occupied and in good repair, maintenance, and condition and to neither commit nor permit <br />App #: 5146782; CIF #: 76878; Note #: 105 220KS Legal Doc. Date: April 27, 2012 <br />FORM 5011, Trust Deed and Assignment of Rents Page 2 <br />