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200004796
<br />Do not write /type above this line. For riling purposes only.
<br />�'�,rT 11 " FORM 5011 (11 -99)
<br />(80T70"")�)5�03N327, N 6 Z
<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 />Farm Credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF RENTS
<br />Trustor(s):
<br />GARTNER FARMS INC, a Corporation
<br />Mailing Address:
<br />8225 N BALTIMORE AVE
<br />HASTINGS NE 68901 -9105
<br />This Trust Deed and Assignment of Rents is made June 12 ', 2000, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," whose
<br />mailing address is PO Box TAF -05, Spokane, Washington 99220 -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 eneficiary o t e principal sum specified below, the
<br />receipt of w is is ere y ac now eaged, I 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 />The Northeast Quarter (NE 1/4) of Section Twenty -three (23), Township Nine (9)
<br />North, Range Nine (9), West of the 6th P.M., Hall County, Nebraska, EXCEPT a tract
<br />more particularly described as follows:
<br />Beginning at the East Quarter Corner of said Section 23; thence westerly along the
<br />South line of the said Northeast Quarter a distance of 475.0 feet; thence Northerly,
<br />parallel with the East line of said Northeast Quarter a distance of 425.0 feet;
<br />thence easterly, parallel with the said South line a distance of 475.0 feet, more or
<br />less to a point on the said East line of said Northeast Quarter, thence southerly
<br />along the said East line a distance of 425.0 feet, more or less, to the point of
<br />beginning.
<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 $ 525 000.00, and all future and additional loans or advances, protective or otherwise, which may be made by
<br />Beneficiary, at its option, at the request�c t6or 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 anyone time will not exceed the sum of FIVE HUNDRED TWENTY -FIVE THOUSAND DOLLARS ($ 525 000.00),
<br />exclusive of interest and protective advances authorized herein or in the loan agreement ; provided further, that A EP NOT
<br />CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN AN s Y AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL
<br />PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Deed will be due March 01, 2015.
<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 />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
<br />may exercise the remedies provided herein in satisfaction of all notes.
<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 />Ap #: 00191159; Primary Customer ID #: 00083094; CIF #: 87294 Legal Doc. Date: June 12, 2000
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<br />Do not write /type above this line. For riling purposes only.
<br />�'�,rT 11 " FORM 5011 (11 -99)
<br />(80T70"")�)5�03N327, N 6 Z
<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 />Farm Credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF RENTS
<br />Trustor(s):
<br />GARTNER FARMS INC, a Corporation
<br />Mailing Address:
<br />8225 N BALTIMORE AVE
<br />HASTINGS NE 68901 -9105
<br />This Trust Deed and Assignment of Rents is made June 12 ', 2000, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," whose
<br />mailing address is PO Box TAF -05, Spokane, Washington 99220 -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 eneficiary o t e principal sum specified below, the
<br />receipt of w is is ere y ac now eaged, I 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 />The Northeast Quarter (NE 1/4) of Section Twenty -three (23), Township Nine (9)
<br />North, Range Nine (9), West of the 6th P.M., Hall County, Nebraska, EXCEPT a tract
<br />more particularly described as follows:
<br />Beginning at the East Quarter Corner of said Section 23; thence westerly along the
<br />South line of the said Northeast Quarter a distance of 475.0 feet; thence Northerly,
<br />parallel with the East line of said Northeast Quarter a distance of 425.0 feet;
<br />thence easterly, parallel with the said South line a distance of 475.0 feet, more or
<br />less to a point on the said East line of said Northeast Quarter, thence southerly
<br />along the said East line a distance of 425.0 feet, more or less, to the point of
<br />beginning.
<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 $ 525 000.00, and all future and additional loans or advances, protective or otherwise, which may be made by
<br />Beneficiary, at its option, at the request�c t6or 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 anyone time will not exceed the sum of FIVE HUNDRED TWENTY -FIVE THOUSAND DOLLARS ($ 525 000.00),
<br />exclusive of interest and protective advances authorized herein or in the loan agreement ; provided further, that A EP NOT
<br />CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN AN s Y AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL
<br />PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Deed will be due March 01, 2015.
<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 />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
<br />may exercise the remedies provided herein in satisfaction of all notes.
<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 />Ap #: 00191159; Primary Customer ID #: 00083094; CIF #: 87294 Legal Doc. Date: June 12, 2000
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<br />Do not write /type above this line. For riling purposes only.
<br />�'�,rT 11 " FORM 5011 (11 -99)
<br />(80T70"")�)5�03N327, N 6 Z
<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 />Farm Credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF RENTS
<br />Trustor(s):
<br />GARTNER FARMS INC, a Corporation
<br />Mailing Address:
<br />8225 N BALTIMORE AVE
<br />HASTINGS NE 68901 -9105
<br />This Trust Deed and Assignment of Rents is made June 12 ', 2000, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," whose
<br />mailing address is PO Box TAF -05, Spokane, Washington 99220 -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 eneficiary o t e principal sum specified below, the
<br />receipt of w is is ere y ac now eaged, I 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 />The Northeast Quarter (NE 1/4) of Section Twenty -three (23), Township Nine (9)
<br />North, Range Nine (9), West of the 6th P.M., Hall County, Nebraska, EXCEPT a tract
<br />more particularly described as follows:
<br />Beginning at the East Quarter Corner of said Section 23; thence westerly along the
<br />South line of the said Northeast Quarter a distance of 475.0 feet; thence Northerly,
<br />parallel with the East line of said Northeast Quarter a distance of 425.0 feet;
<br />thence easterly, parallel with the said South line a distance of 475.0 feet, more or
<br />less to a point on the said East line of said Northeast Quarter, thence southerly
<br />along the said East line a distance of 425.0 feet, more or less, to the point of
<br />beginning.
<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 $ 525 000.00, and all future and additional loans or advances, protective or otherwise, which may be made by
<br />Beneficiary, at its option, at the request�c t6or 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 anyone time will not exceed the sum of FIVE HUNDRED TWENTY -FIVE THOUSAND DOLLARS ($ 525 000.00),
<br />exclusive of interest and protective advances authorized herein or in the loan agreement ; provided further, that A EP NOT
<br />CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN AN s Y AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL
<br />PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Deed will be due March 01, 2015.
<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 />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
<br />may exercise the remedies provided herein in satisfaction of all notes.
<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 />Ap #: 00191159; Primary Customer ID #: 00083094; CIF #: 87294 Legal Doc. Date: June 12, 2000
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