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Date of Note(s) or Credit Agreement(s)
<br />12/20/2012
<br />Principal Amount
<br />$750,000.00
<br />12/20/2012 750,000.00
<br />2012110115
<br />Quarter of said Section 31, thence continuing westerly along and upon the North line of said Section 31,
<br />a distance of 185.35 feet; thence deflecting Left 90° and running southerly a distance of 358.0 feet;
<br />thence deflecting Left 34° 21' and running southeasterly a distance of 90.21 feet; thence deflecting Left
<br />56° 17' and running easterly a distance of 134.55 feet; thence deflecting Left 89° 22' and running
<br />northerly 431.0 feet to the point of beginning.
<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 described 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 between 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 />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one
<br />time will not exceed the sum of ONE MILLION FIVE HUNDRED THOUSAND, ($1,500,000.00),
<br />exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided
<br />further, that THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER
<br />OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL
<br />PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Deed will be due April 1, 2028.
<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 />This trust deed secures more than one note. In the event of default under any note, all notes will be
<br />considered to be in default and the Beneficiary may exercise the remedies provided herein in
<br />satisfaction of all notes.
<br />This is a purchase money trust deed.
<br />This document is executed in 2 counterparts to facilitate recording in multiple counties but shall be
<br />deemed to be one document.
<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 />App #: 5180508; CIF #: 200387; Note #: 201 220KS Legal Doc. Date: December 20, 2012
<br />FORM 5011, Trust Deed and Assignment of Rents Page 2
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