201804441
<br />THIS REAL ESTATE DEED OF TRUST (this "Deed "), dated as of June 18, 2018 is made by MARK L.
<br />WOOLDRIK AND MICHELLE M. WOOLDRIK, husband and wife, as grantor and trustor (if more than one,
<br />collectively, called the "Grantor "), to MICHAEL F. KIVETT, as trustee ( "Trustee "), whose office is located at 11240
<br />Davenport Street, PO Box 540125, Omaha, NE 68154 -0125, in favor of FARM CREDIT LEASING SERVICES
<br />CORPORATION ( "Beneficiary"), a federally chartered instrumentality of the United States.
<br />SECTION I. DEFINITIONS. The following capitalized terms shall have the following meanings: "Environmental
<br />Law" means any federal, state or local law, statute, ordinance, rule, regulation, order or permit now or hereafter
<br />enacted, pertaining to health, safety, hygiene, or environmental conditions on, under or about the Trust Estate;
<br />"Hazardous Materials" means dangerous, toxic or hazardous pollutants, contaminants, chemicals, wastes, materials
<br />or substances, as defined in or governed by any Environmental Law; "Lease Documents" means the documents
<br />described in Exhibit `B ", as the same may be amended, restated or supplemented; "Lien" means any conveyance,
<br />pledge, grant, security title or interest, lien, encumbrance or charge; "Obligations" means all present and future
<br />indebtedness and other obligations of Grantor and any other lessee or obligor under the Lease Documents and this
<br />Deed; "Permitted Encumbrances" means: (i) as to the property specifically described in Exhibit "A ", the matters
<br />referred to in such Exhibit; and (ii) as to the Trust Estate, any Lien permitted under the Lease Documents.
<br />SECTION II. GRANTING CLAUSES. To secure the repayment of the Obligations, up to $1,500,000.00 at any
<br />time outstanding, Grantor does hereby grant, bargain, sell, alienate, convey, assign, transfer, mortgage, hypothecate,
<br />pledge, set over and confirm unto Trustee, in trust, with power of sale, for the use and benefit of Beneficiary the
<br />following, in each case whether now or hereafter acquired, attached or existing (the "Trust Estate "): (a) those fee
<br />and leasehold estates in real property described in Exhibit "A" (the "Land "), together with all buildings,
<br />improvements, personalty and fixtures attached thereto; (b) all equipment, tools, goods, general intangibles and other
<br />personal property owned by Grantor and at any time located at or otherwise related to the Land or the buildings,
<br />improvements and fixtures located thereon; (c) any and all grants, privileges, rights of way, easements and other
<br />similar interests owned, held, leased, enjoyed or exercised by Grantor in connection with the Land or the buildings,
<br />improvements and fixtures located thereon; (d) all rights, whether owned legally, of record, equitably or beneficially,
<br />to the diversion, storage, distribution and use of water, whether surface, subterranean or groundwater, including all
<br />riparian, appropriative, overlying, prescriptive rights, or otherwise, appurtenant, relating or available to the Land or
<br />used in connection therewith, including all licenses, permits, decreed rights and any other water right of every kind or
<br />nature, and all contractual entitlements or otherwise to the diversion, storage, distribution and use of water, whether
<br />surface, subterranean or groundwater, including but not limited to all contractual entitlements arising under or derived
<br />from any contract with the United States of America, the State of Nebraska, any political subdivision thereof or other
<br />state or local public entity or private entity or otherwise applicable to the Land by virtue of being within the boundaries
<br />of any of the foregoing, or allocations for water not yet delivered; and all shares, credits, interests or other rights in
<br />any water bank or other water storage facility or project, whether surface, subterranean or groundwater; and all shares,
<br />and rights under such shares, of any private water company, mutual water company, ditch company or other non-
<br />governmental entity pursuant to which the Grantor or the Land may receive water, and any other securities, securities
<br />entitlements, securities accounts and commodities accounts; together with all voting rights and other rights and
<br />privileges that now or hereafter may exist with respect to such stock or with respect to participation, membership, or
<br />other involvement therein; and all easements, permits, licenses, leases, contracts, grants, reservations and any other
<br />rights and entitlements, however created, to drill, install and maintain wells, pumps and pipeline systems, or to use,
<br />appropriate, pump, extract, receive, transport, store or transfer water for use on or the benefit of the Land and (e)
<br />ditches and ditch rights, pipelines, reservoirs and storage rights, springs and spring rights, water contracts, water
<br />allotments, water taps, and all other rights of any kind or nature in or to the use of water, which are appurtenant to,
<br />historically used on or in connection with, or located on or under the Land, together with any and all easements, rights
<br />of way, fixtures, personal property, contract rights, permits or decrees associated with or used in connection with any
<br />such rights, and (1) all tenements, hereditaments and appurtenances relating to the aforesaid property or any part
<br />thereof, with all reversions, remainders, leases, rents, income, revenues, profits, cash, proceeds, replacements, claims,
<br />causes of action, products and benefits at any time derived, received or had from any or all of the above - described
<br />property and all deposits or other accounts into which the same may be deposited; TO HAVE AND TO HOLD the
<br />Trust Estate unto Trustee and Beneficiary, and their respective assigns forever, to secure the payment and performance
<br />of the Obligations, upon the terms hereof.
<br />SECTION III. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and
<br />covenants with Beneficiary as follows: (i) Grantor is authorized to execute and deliver this Deed, (ii) this Deed is the
<br />legal, valid and binding obligation of Grantor and is enforceable, (iii) Grantor has good and marketable title to the
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