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cut now or at any time in the future, all diversion payments or third party payments made to
<br />crop producers and all existing and future improvements, structures, fixtures, and replacements
<br />that may now, or at any time in the future, be part of the real estate described (all referred to
<br />as Property). This Security Instrument will remain in effect until the Secured Debts and all
<br />underlying agreements have been terminated in writing by Lender.
<br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security
<br />Instrument at any one time and from time to time will not exceed $2,000,000.00. Any
<br />limitation of amount does not include interest and other fees and charges validly made pursuant
<br />to this Security Instrument. Also, this limitation does not apply to advances made under the
<br />terms of this Security Instrument to protect Lender's security and to perform any of the
<br />covenants contained in this Security Instrument.
<br />4. SECURED DEBTS AND FUTURE ADVANCES. The term "Secured Debts" includes and this
<br />Security Instrument will secure each of the following:
<br />A. Specific Debts. The following debts and all extensions, renewals, refinancings,
<br />modifications and replacements. A promissory note or other agreement, dated March 23,
<br />2017, from DIAMOND -J FARMS, INC (Borrower) to Lender, with a maximum credit limit of
<br />$550,000.00 and maturing on October 23, 2017.
<br />B. Future Advances. All future advances from Lender to DIAMOND -J FARMS, INC under the
<br />Specific Debts executed by DIAMOND -J FARMS, INC in favor of Lender after this Security
<br />Instrument. If more than one person signs this Security Instrument, each agrees that this
<br />Security Instrument will secure all future advances that are given to DIAMOND -J FARMS,
<br />INC either individually or with others who may not sign this Security Instrument. All future
<br />advances are secured by this Security Instrument even though all or part may not yet be
<br />advanced. All future advances are secured as if made on the date of this Security
<br />Instrument. Nothing in this Security Instrument shall constitute a commitment to make
<br />additional or future advances in any amount. Any such commitment must be agreed to in a
<br />separate writing.
<br />C. All Debts. All present and future debts from DIAMOND -J FARMS, INC to Lender, even if
<br />this Security Instrument is not specifically referenced, or if the future debt is unrelated to or
<br />of a different type than this debt. If more than one person signs this Security Instrument,
<br />each agrees that it will secure debts incurred either individually or with others who may not
<br />sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment
<br />to make additional or future loans or advances. Any such commitment must be in writing.
<br />This Security Instrument will not secure any debt for which a non - possessory, non - purchase
<br />money security interest is created in "household goods" in connection with a "consumer
<br />loan," as those terms are defined by federal law governing unfair and deceptive credit
<br />practices. This Security Instrument will not secure any debt for which a security interest is
<br />created in "margin stock" and Lender does not obtain a "statement of purpose," as defined
<br />and required by federal law governing securities. This Security Instrument will not secure
<br />any other debt if Lender, with respect to that other debt, fails to fulfill any necessary
<br />requirements or fails to conform to any limitations of the Truth in Lending Act (Regulation Z)
<br />or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans
<br />secured by the Property.
<br />D. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of
<br />this Security Instrument.
<br />5. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when
<br />due and in accordance with the terms of the Secured Debts and this Security Instrument.
<br />6. NON - OBLIGATED GRANTOR. Any Grantor, who is not also identified as a Borrower in the
<br />Secured Debts section of this Security Instrument and who signs this Security Instrument, is
<br />referred to herein as a Non - Obligated Grantor for purposes of subsection 7(d)(4) of 12 C.F.R.
<br />1002 (Regulation B) which implements the Equal Credit Opportunity Act (ECOA). By signing
<br />this Security Instrument, the Non - Obligated Grantor does convey and assign their rights and
<br />interests in the Property to secure payment of the Secured Debts, to create a valid lien, to pass
<br />clear title, to waive inchoate rights and to assign earnings or rights to payment under any lease
<br />or rent of the Property. However, the Non - Obligated Grantor is not personally liable for the
<br />Secured Debts by virtue of signing this Security Instrument. Nothing in this section shall be
<br />construed to modify or otherwise affect the Non - Obligated Grantor's obligations, if any, that
<br />were separately made with Lender in a separate agreement and duly signed by the
<br />Non - Obligated Grantor in the context of that separate agreement.
<br />7. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the
<br />estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and
<br />sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the
<br />Property is unencumbered, except for encumbrances of record.
<br />DIAMOND -J FARMS, INC
<br />Nebraska Deed Of Trust
<br />NE /4XHERMANN00000000001544022N Wolters Kluwer Financial Services ©1996, 2018 Bankers Page 2
<br />SystemsTM
<br />201802064
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