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200003431 Xl M C7 z r M C D C> (f) n n r=n CA CZ) o --q C- n , Do not write /type above this line. for riling purposes only. Il(''� -F- FORM 5011 (11 -99) RETURN TO Farm Credit Services of America, P.O. Box 5080 Sandi Sweeney PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276 HOMESTEAD DESIGNATION WAIVER 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 Waive the Right to Designate a Homestead. I /We understand that Uwe have the right to make a designation of homestead in the following Trust Deed. The execution of this Waiver constitutes a waiver of rights otherwise available to me /us for the purpose of affording me /us the opportunity to retain my /our homestead in the event of a rlpfault unon the Trust Deed. Farm Credit Services of America TRUST DEED AND ASSIGNMENT OF RENTS Trustor(s): WAYNE D STOLTENBERG and MARY V STOLTENBERG, husband and wife Mailing Address: 5656 W ABBOTT RD GRAND ISLAND NE 68803 -9444 This Trust Deed and Assignment of Rents is made April 27 2000, _ by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," whose mailing address is PO Box TAF -05, Spokane, Washington 99220 -4005, and Farm Credit Services of America FLCA, "Beneficiary," whose mailing address is 206 S 19th Street, Omaha NE 68102 -1745 in consideration of t e a vance y ene iciary o t e principal sum specified below, the receipt of w ich is hereby acknowledged, I 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: W 1/2 NE 1/4 of Section 34, Township 12N, Range 10W 6th P.M., except for Lot 1, Johnson Acres subdivision. 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 promissory note(s) in the original principal amount of $ 200 000.00, and all future and additional loans or advances, protective or otherwise, which may be made by Beneficiary, at its option, at the request o , an 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; provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of THREE HUNDRED TEN THOUSAND DOLLARS ($ 310 000.00), exclusive of interest and protective advances authorized herein or in the loan agreements ; prove a urt er, t at RAATCN6T CONSTITUTE 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 April 01, 2020. 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. This trust deed secures more than one note. In the event of default under any note, all notes will be considered to be in default and the Beneficiary may exercise the remedies provided herein in satisfaction of all notes. 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 Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied may be applied, at the option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust Deed. Such insurance will be 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 will at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. 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 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 by Trustor(s) or by any insurer, for whatever reason, to obtain and keep this insurance in force. Ao #: 00193035; Primary Customer ID #: 00007492; CIF #: 10062 Legal Doc. Date: April Zi, ZUUU cr+D rn CL 0) N Cn CID z 0 O C D C> (f) o CZ) o --q C- � N M CD M p -r1 O o� O M S r'T1 O rim M :3 r W s Cn U) n , Do not write /type above this line. for riling purposes only. Il(''� -F- FORM 5011 (11 -99) RETURN TO Farm Credit Services of America, P.O. Box 5080 Sandi Sweeney PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276 HOMESTEAD DESIGNATION WAIVER 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 Waive the Right to Designate a Homestead. I /We understand that Uwe have the right to make a designation of homestead in the following Trust Deed. The execution of this Waiver constitutes a waiver of rights otherwise available to me /us for the purpose of affording me /us the opportunity to retain my /our homestead in the event of a rlpfault unon the Trust Deed. Farm Credit Services of America TRUST DEED AND ASSIGNMENT OF RENTS Trustor(s): WAYNE D STOLTENBERG and MARY V STOLTENBERG, husband and wife Mailing Address: 5656 W ABBOTT RD GRAND ISLAND NE 68803 -9444 This Trust Deed and Assignment of Rents is made April 27 2000, _ by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," whose mailing address is PO Box TAF -05, Spokane, Washington 99220 -4005, and Farm Credit Services of America FLCA, "Beneficiary," whose mailing address is 206 S 19th Street, Omaha NE 68102 -1745 in consideration of t e a vance y ene iciary o t e principal sum specified below, the receipt of w ich is hereby acknowledged, I 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: W 1/2 NE 1/4 of Section 34, Township 12N, Range 10W 6th P.M., except for Lot 1, Johnson Acres subdivision. 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 promissory note(s) in the original principal amount of $ 200 000.00, and all future and additional loans or advances, protective or otherwise, which may be made by Beneficiary, at its option, at the request o , an 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; provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of THREE HUNDRED TEN THOUSAND DOLLARS ($ 310 000.00), exclusive of interest and protective advances authorized herein or in the loan agreements ; prove a urt er, t at RAATCN6T CONSTITUTE 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 April 01, 2020. 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. This trust deed secures more than one note. In the event of default under any note, all notes will be considered to be in default and the Beneficiary may exercise the remedies provided herein in satisfaction of all notes. 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 Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied may be applied, at the option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust Deed. Such insurance will be 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 will at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. 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 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 by Trustor(s) or by any insurer, for whatever reason, to obtain and keep this insurance in force. Ao #: 00193035; Primary Customer ID #: 00007492; CIF #: 10062 Legal Doc. Date: April Zi, ZUUU cr+D rn CL 0) N Cn CID z 0 O