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202103852 <br />PO Box 64949 <br />St. Paul, Minnesota 55164-0940 <br />THIS TRUST DEED SECURES ALL OBLIGATIONS OF BORROWER <br />Defined Terms: <br />Beneficiary: As set forth above and used interchangeably with the term Lender. <br />Borrower: William G Luft, Nancy M Luft together with any other maker or co -maker, signer or co-signer <br />of any Loan Document representing any Obligations secured by this trust deed. <br />Lender: As set forth above and used interchangeably with the term Beneficiary. <br />Loan Documents: The described notes and any and all other notes, credit agreements, security <br />agreements, UCC financing statements, lease agreements, mortgages, deeds of trust, any other <br />document granting a lien to secure the Obligations, and any other document or instrument executed in <br />connection with or evidencing any Obligation (including any amendment, restatement or modification <br />thereto). <br />Obligations: Includes, without limitation, all credit including principal and any advances, interest and <br />other amounts due to Lender under the Loan Documents whether or not this trust deed is specifically <br />referred to in the evidence of debt, including without limitation, fees, costs, and expenses, together with <br />all renewals, extensions, or refinancing of same and any future and additional loans or advances made <br />at Lender's option to or on behalf of Borrower by Lender or under any other Loan Document for any <br />purpose whether related or unrelated to the purpose of the original credit, including advances for the <br />protection of the Property, all attorney fees, costs and expenses incurred by Lender to the extent <br />permitted by law in the collection of any loan or in the enforcement or preservation of the rights of Lender <br />in and to the Property, regardless of whether Trustor is obligated thereon as a maker or co -maker, signer <br />or co-signer, or as a guarantor, endorser, surety or other accommodation party. <br />Personal Property: All machinery and equipment, including but not limited to, irrigation equipment and <br />machinery with all parts, replacement parts and accessories, and other personal property designed or <br />used or to be used to provide water to the Real Property and/or used or useful to the operation or <br />maintenance of such irrigation system(s), and any other personal property of any kind or nature located <br />in or on the Real Property, regardless of whether now or hereafter attached or affixed to the Real Property; <br />together with all accessions, parts and additions to, all replacements of and all substitutions for any of <br />such equipment or personal property. <br />Real Property: Together with the below legally described real estate, all existing or subsequently erected <br />or affixed buildings, structures, improvements or fixtures; all crops, timber, timber to be cut, trees, plants, <br />vines or other plantings; all water, water rights, including riparian rights and surface water rights, <br />watercourses, irrigation, drainage and ditch rights; all rents, issues, uses, income, profits and royalties; <br />all leases, permits, licenses, privileges, easements, rights of way, rights to possession; all rights in and <br />to the lands lying in streets, alleys and roads adjoining the Real Property and appurtenances; all leases, <br />permits, licenses, or privileges, appurtenant or non -appurtenant to the property, now or hereafter issued, <br />extended, or renewed by Trustor, any State, the United States, or any department, bureau, <br />instrumentality, or agency thereof; all proceeds in eminent domain, insurance payments, proceeds or <br />refunds of premiums or any other payment or settlement relating to the Property; all oil, gas, gravel, rock, <br />geothermal and similar resources or other mineral rights of whatever nature; and any and all other rights <br />related to the real property. <br />Property: Collectively the Real Property and the Personal Property, including without limitation all <br />insurance proceeds and refunds of insurance premiums related to said Property. <br />Uniform Commercial Code: Laws regulating financial contracts in any jurisdiction which may affect the <br />rights of the Mortgagor, Lender or any other party with respect to the Property described herein. <br />Trustee: As set forth above. <br />App #: 5777267; CIF #: 854111; Acct #: 3306587 276RS Legal Doc. Date: May 7, 2021 <br />FORM 5011, Trust Deed, Security Agreement and Assignment of Rents Page 2 of 9 <br />