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200001415 Do not write /type above this /ine. For riling purposes on /y. FORM 501101-99) RETURN TO Farm Credit Services of America, P.O. Box 5080 Karen Nagel PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276 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 praface 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. [/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's sale. Farm Credit Services of America TRUST DEED AND ASSIGNMENT OF RENTS Trustor(s): OHLMAN BROTHERS PARTNERSHIP, a Partnership Mailing Address: Box 216 Shelton NE 68876 -0216 This Trust Deed and Assignment of Rents is made May 2000, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," whose mailing address is PO Box TAF -05, Spokane, Washington on 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 the a vance by Beneficiary of the principal sum specified below, the receipt of w is is ere y ac now edged, 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: The NE 1/4 of Section 19, Township 9 North, Range 12 West of the 6th P.M., Hall County, Nebraska. 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 $ 165 000.00, and all future and additional loans or advances, protective or otherwise, which may be made by Beneficiary, at its option, at the request of, anc�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 ONE HUNDRED SIXTY -FIVE THOUSAND DOLLARS ($ 165 000.001, exclusive of interest and protective advances authorized herein or in the loan agreements ); provided further, that AOT 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 March 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. 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 nay 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. 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, maintenance, and condition-and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreement(s). 4. In the event Trustor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as provided herein or in the loan agreement(s), Beneficiary, at its option, may make such payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the note(s) from the date of payment until paid. The advancement by Ap #: 00189958; Primary Customer ID #: 00054793; CIF #: 57357 Legal Doc. Date: May 26, 2000 :0 n n I .� n n z ^ X 0 0 —+ C_- "' � M CA 0 �� c m C:) m Y rn O ~ 7^C n W O 'T') p Q. � = rrl O N rn rn � r s N o r n c n I—� C/) � o ~ .� CCD Cn c11 U) Z 0 Do not write /type above this /ine. For riling purposes on /y. FORM 501101-99) RETURN TO Farm Credit Services of America, P.O. Box 5080 Karen Nagel PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276 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 praface 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. [/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's sale. Farm Credit Services of America TRUST DEED AND ASSIGNMENT OF RENTS Trustor(s): OHLMAN BROTHERS PARTNERSHIP, a Partnership Mailing Address: Box 216 Shelton NE 68876 -0216 This Trust Deed and Assignment of Rents is made May 2000, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," whose mailing address is PO Box TAF -05, Spokane, Washington on 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 the a vance by Beneficiary of the principal sum specified below, the receipt of w is is ere y ac now edged, 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: The NE 1/4 of Section 19, Township 9 North, Range 12 West of the 6th P.M., Hall County, Nebraska. 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 $ 165 000.00, and all future and additional loans or advances, protective or otherwise, which may be made by Beneficiary, at its option, at the request of, anc�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 ONE HUNDRED SIXTY -FIVE THOUSAND DOLLARS ($ 165 000.001, exclusive of interest and protective advances authorized herein or in the loan agreements ); provided further, that AOT 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 March 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. 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 nay 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. 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, maintenance, and condition-and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreement(s). 4. In the event Trustor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as provided herein or in the loan agreement(s), Beneficiary, at its option, may make such payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the note(s) from the date of payment until paid. The advancement by Ap #: 00189958; Primary Customer ID #: 00054793; CIF #: 57357 Legal Doc. Date: May 26, 2000