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fi': F �`5 F \ �Y� .tom. E s., �ti,3� '/ �.:.��.'�'Yxk•' <br />ACKNOWLEDGEMENT OF DEED OF TRUST <br />TRUSTOR READ THIS BEFORE SIGNING: gg. 102101 <br />Trustor understands that the document that Trustor is about to execute is a Deed of Trust and nol avmortgage and that the power <br />of sale provided for in the Deed of Trust provides substantially different rights and obligations to Trustor than a mortgage in the event <br />of a default or breach of obligation under the Deed of Trust, including, but not limited to, the Lenders right to have the Property sold <br />by the Trustee without any judicial proceeding. Trustor represents and warrants that this acknowledgement was executed by <br />Trustor before the execution of the Coed of Trust <br />,Te y A. Hostler y+uat^_; Husband) <br />n J <br />C �_ r.A, <br />(Marla S. p6stlee. Trustor Wi e <br />PREFACE TG AGRICULTURAL DEED OF TRUST <br />COMPLETE this portion ONLY if the real property described <br />consists of INDIVIDUALLY OWNED AGRICULTURAL LAND. <br />If applicable, complete ONLY ONE either A, B, or C: <br />❑ A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD: <br />Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property. Trustor, and each of them <br />if more than one, hereby disclaims Trustor's right to designate a homestead on said real estate. No part of Trustor's homestead is <br />presently or will in the future be situated upon said real estate. Trustor understands that it Trustor establishes a homestead on any <br />part of said real estate during the time the Deed of Trust remains unsatisfied and a lien upon said real estate, there shall be no right to <br />make a designation of homestead in the event of a foreclosure or trustee's sale with respect to said Deed of Trust <br />B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD: <br />Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property. Trustor, and each of them <br />if more than one, hereby waives Trustor's right to designate a homestead on said real estate. Trustor understands that Trustor has <br />right to make a designation of homestead and that by executing this waiver. Trustor is waiving rights otherwise available for the <br />purpose of affording them the opportunity to retain Trustor's homestead in the event of a default upon the Deed of Trust <br />❑ C DESIGNATION OF HOMESTEAD: <br />Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq. Revised Statutes of the State of Nebraska). Trustor <br />hereby designates the real estate described in the "Designation of Homestead" attached hereto and incorporated herein by this <br />reference. <br />Trustor <br />Trustur <br />AGRICULTURAL DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, is made as of the 4th day of April 19-T91— by and among <br />the Trustor, Terry A Ho5,t1er and Maria S Hostler Husband & Wife <br />whose mailing address is _Rnnte 2, Box 114 Grand Tgl ands NF GRAM (herein "Trustor••, whether one or more), <br />the Trustee, William G. Blackburn a member of the NE State Bar Assn . <br />whose mailing address is P-0- Box 2280. Grand Tgl nd, NE 68802 (herein "Trustee••), and <br />the Beneficiary, Five Points Bank <br />whose mailing address is - p-0, Box 1507 Grand Island, NE 68892 (herein "Lender'). <br />i <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Terry A- Hostler_ <br />and Marla S, Hq,L1 ler (herein "Borrower," whether one or more) and the trust herein created, <br />the receipt of which is hereby acknowledged. Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set <br />forth, the real property, described as follows: A tract of land commencing at the Northeast corner of said <br />West Half of said Southwest Quarter and <br />running thence north along the east line of the West Half <br />} of the Northwest quarter to the north line of Section 36, thence east 25 rods, thence south <br />160 rods, and thence west 25 rods to the place of beginning, all in Section Thirty Six (36), in <br />T041ship L,1evm (11) North, in range Tel (10), West of the 6th P.M., Hall C=ty, NehraskL <br />Together with all buildings, improvornents, fixtures, streets, alleys, passageways, easements, rights, privileges and appurte- <br />nances located thereon or in anywise pertaining thereto, and the rents, issues and profi:a, reversions and remainders thereof, and <br />such personal property that is attached to the improvements so as to constitute a fixture. ! ncluding, but not limited to, heating and <br />cooling equipment: and together with the homestead or marital interests, if any, which interests are hereby releaseo and waived: all <br />c! w. hich, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this <br />Deed of Trust and all of the foregoing being referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit <br />agreement dated April 4. 1989 having a maturity date of 5/1/1999 <br />in the original principal amount of S 42, 400.00 , and any and all modifications, extensions and renewals <br />thereof or thereto and any -and all futL•re advances and readvances to Borrower (or any of them if more than one) hereunder <br />pursuant to one or more promissory notes or credit agreements (herein called "Note"); (b) the payment of other sums advanced by <br />NBC U671Aq, iculturH Dw4 R- 10 /BB ', t <br />e 1BN Ntt , B" of C�c* T,u l and BMnpm At Iata . 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