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201600730
<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights,
<br />all water and riparian rights, wells, ditches and water stock, crops, timber, all diversion
<br />payments or third party payments made to crop producers and all existing and future
<br />improvements, structures, fixtures, and replacements that may now, or at any time in the
<br />future, be part of the real estate described (all referred to as Property). This Security
<br />Instrument will remain in effect until the Secured Debts and all underlying agreements have
<br />been terminated in writing by Lender.
<br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security
<br />Instrument at any one time and from time to time will not exceed $5,000,000.00. Any
<br />limitation of amount does not include interest and other fees and charges validly made pursuant
<br />to this Security Instrument. Also, this limitation does not apply to advances made under the
<br />terms of this Security Instrument to protect Lender's security and to perform any of the
<br />covenants contained in this Security Instrument.
<br />4. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will
<br />secure each of the following:
<br />A. Specific Debts. The following debts and all extensions, renewals, refinancings,
<br />modifications and replacements. A promissory note or other agreement, dated February 5,
<br />2016, from Grantor to Lender, with a loan amount of $1,399,000.00 and maturing on
<br />February 1, 2036.
<br />B. All Debts. All present and future debts from Grantor to Lender, even if this Security
<br />Instrument is not specifically referenced, or if the future debt is unrelated to or of a different
<br />type than this debt. If more than one person signs this Security Instrument, each agrees
<br />that it will secure debts incurred either individually or with others who may not sign this
<br />Security Instrument. Nothing in this Security Instrument constitutes a commitment to make
<br />additional or future loans or advances. Any such commitment must be in writing. This
<br />Security Instrument will not secure any debt for which a non - possessory, non - purchase
<br />money security interest is created in "household goods" in connection with a "consumer
<br />loan," as those terms are defined by federal law governing unfair and deceptive credit
<br />practices. This Security Instrument will not secure any debt for which a security interest is
<br />created in "margin stock" and Lender does not obtain a "statement of purpose," as defined
<br />and required by federal law governing securities. This Security Instrument will not secure
<br />any other debt if Lender, with respect to that other debt, fails to fulfill any necessary
<br />requirements or fails to conform to any limitations of the Truth in Lending Act (Regulation Z)
<br />or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans
<br />secured by the Property.
<br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of
<br />this Security Instrument.
<br />5. PAYMENTS. ` Grantor agrees that all payments under the Secured Debts will be paid when
<br />due and in accordance with the terms of the Secured Debts and this Security Instrument.
<br />6. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the
<br />estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and
<br />sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the
<br />Property is unencumbered, except for encumbrances of record.
<br />7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security
<br />agreement or other lien document that created a prior security interest or encumbrance on the
<br />Property, Grantor agrees:
<br />A. To make all payments when due and to perform or comply with all covenants.
<br />B, To promptly deliver to Lender any notices that Grantor receives from the holder.
<br />C. Not to allow any modification or extension of, nor to request any future advances under
<br />any note or agreement secured by the lien document without Lender's prior written consent.
<br />8. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances,
<br />lease payments, ground rents, utilities, and other charges relating to the Property when due.
<br />Lender may require Grantor to provide to Lender copies of all notices that such amounts are due
<br />and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against
<br />any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to
<br />Lender, as requested by Lender, any rights, claims or defenses Grantor may have against
<br />parties who supply labor or materials to maintain or improve the Property.
<br />9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of
<br />the Secured Debt to be immediately due and payable upon the creation of, or contract for the
<br />creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right
<br />is subject to the restrictions imposed by federal law, as applicable.
<br />ENGLAND FARMS INC
<br />Nebraska Deed Of Trust
<br />NE /4XRATHMAN00000000009625016N Wolters Kluwer Financial Services © 1996, 2016 Bankers Page 2
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