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Do not write /type above this line. For riling purposes only. <br />�� FORM 5011 (11 -99) <br />Cep <br />'RETURN TO Farm Credit Services of America, P.O. Box 5080 Sandi Sweeney <br />PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276 <br />HOMESTEAD DESIGNATION DISCLAIMER G <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stat. Sections 76 -1901, et. seq., as a preface to the <br />execution, and as a part of the following Trust Deed, the undersigned Trustor(s) being first duly sworn, elects to Disclaim the Right to Designate <br />a Homestead. <br />I /We disclaim the right to designate a homestead on the property described in the following Trust Deed. No part of my /our homestead is presently, <br />or in the future will be, situated upon said real estate. I /We understand that if I /we establish a homestead on any part of the real estate during the <br />time the Trust Deed remains unsatisfied and a lien on the real estate, I /we shall have no right to make a designation of homestead in the event of <br />a Trustee's sale. <br />JOHT V NIEDFELT WIIIeMM M NIEDFE►LT�° <br />w4 <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustor(s): <br />JOHNA M NIEDFELT and WILLIAM M NIEDFELT, wife and husband <br />Mailing Address: <br />6776 S SHADY BEND RD <br />DONIPHAN NE 68832 -9537 <br />This Trust Deed and Assignment of Rents is made Februar 15 2000, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," <br />whose mailing address is PO Box TAF -05, Spokane, as iF-g 220 -4005, and Farm Credit Services of America PCA, "Beneficiary," whose <br />mailing address is 206 S_1 9th Street, Omaha Nebraska 68102 -1745 in consideration of the advance by Beneficiary of the principal sum specified <br />below, the receipt o w is is hereby ac now a ge rustor s irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF <br />SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, <br />the property, located in Hall County(ies), State of Nebraska, and described as follows: <br />E 1/2 SE 1/4 of Section 14, Township 10N, Range 9W 6th P.M. <br />together with all Truster's right, title, and interest in the property, now or hereafter 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, income, <br />profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property <br />that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and <br />accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to <br />or in any way pertaining to the property, 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 property, now or hereafter issued, extended or <br />renewed by Trustor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively <br />referred to in this document as the "property." <br />It is understood and agreed between Trustor(s) and Beneficiary that this Trust Deed is given to secure the repayment in full of promissory note(s) <br />in the original principal amount of $ 115 000.00, and all future and additional loans or advances, protective or otherwise, which may be made by <br />Beneficiary, at its option, at the request ol, and t6 or for the account of Trustor(s), or any of them, for any purpose, plus interest thereon, all payable <br />according to the terms of the note(s) or other instrument(s) modifying the same; provided, however, that the total principal indebtedness <br />outstanding and secured hereby at any one time will not exceed the sum of ONE HUNDRED FIFTEEN THOUSAND DOLLARS ($ 115 000.001, <br />exclusive of interest and protective advances authorized herein or in the loan agreements ) ; prove a urt er, that RA SF(ALE U l <br />CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL <br />PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br />This Trust Geed will be due February 01, 2020. <br />Trustor(s) 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 Trustor(s) <br />will warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all <br />rights of dower, homestead, distributive share, and exemption in and to the above described property. <br />T(ustor(s) and each of them further covenants and agrees with Beneficiary 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 upon <br />the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or <br />on public domain. <br />2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to <br />the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to <br />Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied may <br />be applied, at the option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust Deed. Such insurance will be <br />in an amount at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and <br />will at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. <br />Trustor(s) will obtain and keep flood insurance in force to cover losses by flood as required by Beneficiary and by the National Flood Insurance Act <br />of 1968, as amended, and by regulations implementing the same. Trustor(s) further agree that Beneficiary is not and will not be liable for any failure <br />by Trustor(s) or by any insurer, for whatever reason, to obtain and keep this insurance in force. <br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, <br />maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may <br />Ap #: 00186742; Primary Customer ID #: 00032914; CIF #: 67763 Legal Doc. Date: February 15, 2000 <br />= <br />D <br />-*� <br />m <br />(4) <br />n (n <br />O <br />Cit <br />Z <br />s <br />° <br />c a <br />X <br />N <br />-*i <br />rn <br />O <br />4m'? <br />-r1 <br />Off. <br />Gr <br />C7O <br />i = <br />O <br />y <br />O <br />n <br />r <br />r•t <br />Z3 <br />i-.► <br />c3is <br />3 <br />Cll <br />CID <br />i--' <br />Cl) <br />rte+ <br />� <br />200061357 <br />O <br />Do not write /type above this line. For riling purposes only. <br />�� FORM 5011 (11 -99) <br />Cep <br />'RETURN TO Farm Credit Services of America, P.O. Box 5080 Sandi Sweeney <br />PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276 <br />HOMESTEAD DESIGNATION DISCLAIMER G <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stat. Sections 76 -1901, et. seq., as a preface to the <br />execution, and as a part of the following Trust Deed, the undersigned Trustor(s) being first duly sworn, elects to Disclaim the Right to Designate <br />a Homestead. <br />I /We disclaim the right to designate a homestead on the property described in the following Trust Deed. No part of my /our homestead is presently, <br />or in the future will be, situated upon said real estate. I /We understand that if I /we establish a homestead on any part of the real estate during the <br />time the Trust Deed remains unsatisfied and a lien on the real estate, I /we shall have no right to make a designation of homestead in the event of <br />a Trustee's sale. <br />JOHT V NIEDFELT WIIIeMM M NIEDFE►LT�° <br />w4 <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustor(s): <br />JOHNA M NIEDFELT and WILLIAM M NIEDFELT, wife and husband <br />Mailing Address: <br />6776 S SHADY BEND RD <br />DONIPHAN NE 68832 -9537 <br />This Trust Deed and Assignment of Rents is made Februar 15 2000, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," <br />whose mailing address is PO Box TAF -05, Spokane, as iF-g 220 -4005, and Farm Credit Services of America PCA, "Beneficiary," whose <br />mailing address is 206 S_1 9th Street, Omaha Nebraska 68102 -1745 in consideration of the advance by Beneficiary of the principal sum specified <br />below, the receipt o w is is hereby ac now a ge rustor s irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF <br />SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, <br />the property, located in Hall County(ies), State of Nebraska, and described as follows: <br />E 1/2 SE 1/4 of Section 14, Township 10N, Range 9W 6th P.M. <br />together with all Truster's right, title, and interest in the property, now or hereafter 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, income, <br />profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property <br />that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and <br />accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to <br />or in any way pertaining to the property, 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 property, now or hereafter issued, extended or <br />renewed by Trustor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively <br />referred to in this document as the "property." <br />It is understood and agreed between Trustor(s) and Beneficiary that this Trust Deed is given to secure the repayment in full of promissory note(s) <br />in the original principal amount of $ 115 000.00, and all future and additional loans or advances, protective or otherwise, which may be made by <br />Beneficiary, at its option, at the request ol, and t6 or for the account of Trustor(s), or any of them, for any purpose, plus interest thereon, all payable <br />according to the terms of the note(s) or other instrument(s) modifying the same; provided, however, that the total principal indebtedness <br />outstanding and secured hereby at any one time will not exceed the sum of ONE HUNDRED FIFTEEN THOUSAND DOLLARS ($ 115 000.001, <br />exclusive of interest and protective advances authorized herein or in the loan agreements ) ; prove a urt er, that RA SF(ALE U l <br />CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL <br />PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br />This Trust Geed will be due February 01, 2020. <br />Trustor(s) 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 Trustor(s) <br />will warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all <br />rights of dower, homestead, distributive share, and exemption in and to the above described property. <br />T(ustor(s) and each of them further covenants and agrees with Beneficiary 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 upon <br />the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or <br />on public domain. <br />2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to <br />the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to <br />Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied may <br />be applied, at the option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust Deed. Such insurance will be <br />in an amount at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and <br />will at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. <br />Trustor(s) will obtain and keep flood insurance in force to cover losses by flood as required by Beneficiary and by the National Flood Insurance Act <br />of 1968, as amended, and by regulations implementing the same. Trustor(s) further agree that Beneficiary is not and will not be liable for any failure <br />by Trustor(s) or by any insurer, for whatever reason, to obtain and keep this insurance in force. <br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, <br />maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may <br />Ap #: 00186742; Primary Customer ID #: 00032914; CIF #: 67763 Legal Doc. Date: February 15, 2000 <br />