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<br />FORM 5011 (11 -99)
<br />RETURN TO Farm Credit Services of America, P.O. Box 5080 Sandi Sweeney
<br />PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276 C�
<br />HOMESTEAD DESIGNATION DISCLAIMER
<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 />WFNDELL L TOBEN
<br />Farm Credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF, RENTS
<br />Trustor(s):
<br />WENDELL L TOBEN, A /K /A WENDELL TOBEN and BEVERLY B TOBEN, A /K /A BEVERLY TOBEN,
<br />husband and wife
<br />Mailing Address:
<br />12275 S BUFFALO RD
<br />DONIPHAN NE 68832 -9769
<br />This Trust Deed and Assignment of Rents is made May 12 2000, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," whose
<br />mailing address is PO Box TAF -05, Spokane, Was mgton 0 -4005, and Farm Credit Services of America FLCA, "Beneficiary," whose mailing
<br />address is 206 S 19th Street, Omaha NE 68102 -1745 in consideration of the advance by Beneficiary o the principal sum specified below, the
<br />receipt of which is hereby ac now a ge rustor s irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for
<br />the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the
<br />property, located in Hall County(ies), State of Nebraska, and described as follows:
<br />NE 1/4 in Section 15, Township 9N, Range 10W 6th P.M.
<br />together with all Trustor'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 $ 60 000.00, and all future and additional loans or advances, protective or otherwise, which may be made by
<br />Beneficiary, at its option, at the request o , an to 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 SIXTY THOUSAND DOLLARS ($ 60 000.00), exclusive of interest
<br />and protective advances authorized herein or in the loan agreement(s); provided urt er, t at AGRAP� SHALL NOT CONSTITUTE A
<br />COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL
<br />INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Deed will be due May 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 />Trustor(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 />Ap #: 00193295; Primary Customer ID #: 00055684; CIF #: 38238 Legal Doc. Date: May 12, 2000
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<br />uo nor wnreirype aoove rnis une. ror rrang purposes omy.
<br />FORM 5011 (11 -99)
<br />RETURN TO Farm Credit Services of America, P.O. Box 5080 Sandi Sweeney
<br />PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276 C�
<br />HOMESTEAD DESIGNATION DISCLAIMER
<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 />WFNDELL L TOBEN
<br />Farm Credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF, RENTS
<br />Trustor(s):
<br />WENDELL L TOBEN, A /K /A WENDELL TOBEN and BEVERLY B TOBEN, A /K /A BEVERLY TOBEN,
<br />husband and wife
<br />Mailing Address:
<br />12275 S BUFFALO RD
<br />DONIPHAN NE 68832 -9769
<br />This Trust Deed and Assignment of Rents is made May 12 2000, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," whose
<br />mailing address is PO Box TAF -05, Spokane, Was mgton 0 -4005, and Farm Credit Services of America FLCA, "Beneficiary," whose mailing
<br />address is 206 S 19th Street, Omaha NE 68102 -1745 in consideration of the advance by Beneficiary o the principal sum specified below, the
<br />receipt of which is hereby ac now a ge rustor s irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for
<br />the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the
<br />property, located in Hall County(ies), State of Nebraska, and described as follows:
<br />NE 1/4 in Section 15, Township 9N, Range 10W 6th P.M.
<br />together with all Trustor'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 $ 60 000.00, and all future and additional loans or advances, protective or otherwise, which may be made by
<br />Beneficiary, at its option, at the request o , an to 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 SIXTY THOUSAND DOLLARS ($ 60 000.00), exclusive of interest
<br />and protective advances authorized herein or in the loan agreement(s); provided urt er, t at AGRAP� SHALL NOT CONSTITUTE A
<br />COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL
<br />INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Deed will be due May 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 />Trustor(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 />Ap #: 00193295; Primary Customer ID #: 00055684; CIF #: 38238 Legal Doc. Date: May 12, 2000
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