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Y 1 Do not write /type above this line. For fiFing purposes only. RETURN TO Farm Credit Services of America, P.O. Box 5080 PREPARER: Grand Island, NE 68802 -5080 Karen Nagel (800) 503 -3276 FORM 5011 (9 -2000) HOMESTEAD DESIGNATION DISCLAIMER 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 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 a Homestead. 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, 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 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 a Trustee' sale. -I V-I // A— oe au KY R ALLANA ALLAN Farm Credit Services of America TRUST DEED AND ASSIGNMENT OF RENTS Trustor(s): ALLAN FARMS, INC, a Corporation KYLE R ALLAN and REBECCA L ALLAN, husband and wife Mailing Address: 962 SOUTH NE HIGHWAY 11 WOOD RIVER NE 68883 -9729 This Trust Deed and Assignment of Rents is made Februar 16 2001, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," whose mailing address is PO Box TAF -05, Spokane, as ington 20 -4005, and Farm Credit Services of America FLCA, "Beneficiary," whose mailing address is 206 S 19th Street, Omaha NE 68102 -1745 in consideration of the advance by Beneficiary o t e principal sum specified below, the receipt of whit is ere y ac now a ge rustor s irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the property, located in Hall County(ies), State of Nebraska, and described as follows: That part of the S 1/2 NW 1/4 of Section 20, Township 12 North, Range 11 West of the 6th P.M., Hall County, Nebraska, lying north of the Burlington Northern and Sante Fe Railway Company right -of -way. together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and improvements now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to or in any way pertaining to the property, whether or not specifically described herein; all above and below ground irrigation equipment and accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or renewed by Trustor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the "property." It is understood and agreed between Trustor(s) and Beneficiary that this Trust Deed is given to secure the repayment in full of the following described promissory note(s), and all future and additional loans or advances, protective or otherwise, which may be made by Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), or any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s) or other instrument(s) modifying the same. Date of Note Prince al Amount U Trf F= Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of NINETY -TWO THOUSAND TWO HUNDRED DOLLARS ($ 92 200.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided urt er, t at H SHAft NDTCONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. This Trust Deed will be due February 01, 2021 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 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) will warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and to the above described property. Trustor(s) and each of them further covenants and agrees with Beneficiary as follows: 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 the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public domain. 2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to Ap #: 00215662; Primary Customer ID #: 00068265; CIF #: 91870 Legal Doc. Date: February 15, 2001 M 2 D T 2 D > Z o Co rr<, rn ° '—' —�+ o 7C co M 5� .,, C M O O C_� F--+ Co '*1 C: C> cn N � F--+ CK) CJl . 0 CD Cb Cn CC) Cn Y 1 Do not write /type above this line. For fiFing purposes only. RETURN TO Farm Credit Services of America, P.O. Box 5080 PREPARER: Grand Island, NE 68802 -5080 Karen Nagel (800) 503 -3276 FORM 5011 (9 -2000) HOMESTEAD DESIGNATION DISCLAIMER 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 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 a Homestead. 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, 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 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 a Trustee' sale. -I V-I // A— oe au KY R ALLANA ALLAN Farm Credit Services of America TRUST DEED AND ASSIGNMENT OF RENTS Trustor(s): ALLAN FARMS, INC, a Corporation KYLE R ALLAN and REBECCA L ALLAN, husband and wife Mailing Address: 962 SOUTH NE HIGHWAY 11 WOOD RIVER NE 68883 -9729 This Trust Deed and Assignment of Rents is made Februar 16 2001, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," whose mailing address is PO Box TAF -05, Spokane, as ington 20 -4005, and Farm Credit Services of America FLCA, "Beneficiary," whose mailing address is 206 S 19th Street, Omaha NE 68102 -1745 in consideration of the advance by Beneficiary o t e principal sum specified below, the receipt of whit is ere y ac now a ge rustor s irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the property, located in Hall County(ies), State of Nebraska, and described as follows: That part of the S 1/2 NW 1/4 of Section 20, Township 12 North, Range 11 West of the 6th P.M., Hall County, Nebraska, lying north of the Burlington Northern and Sante Fe Railway Company right -of -way. together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and improvements now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to or in any way pertaining to the property, whether or not specifically described herein; all above and below ground irrigation equipment and accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or renewed by Trustor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the "property." It is understood and agreed between Trustor(s) and Beneficiary that this Trust Deed is given to secure the repayment in full of the following described promissory note(s), and all future and additional loans or advances, protective or otherwise, which may be made by Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), or any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s) or other instrument(s) modifying the same. Date of Note Prince al Amount U Trf F= Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of NINETY -TWO THOUSAND TWO HUNDRED DOLLARS ($ 92 200.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided urt er, t at H SHAft NDTCONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. This Trust Deed will be due February 01, 2021 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 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) will warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and to the above described property. Trustor(s) and each of them further covenants and agrees with Beneficiary as follows: 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 the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public domain. 2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to Ap #: 00215662; Primary Customer ID #: 00068265; CIF #: 91870 Legal Doc. Date: February 15, 2001