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202401460 <br />Omaha, NE 68103-2409 <br />Trustee: <br />AgriBank, FCB <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: Adam J Rathman, Gwen M Rathman together with any other maker or co -maker, signer or co- <br />signer 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 agreements, <br />UCC financing statements, lease agreements, mortgages, deeds of trust, any other document granting a lien <br />to secure the Obligations, and any other document or instrument executed in connection with or evidencing <br />any Obligation (including any amendment, restatement or modification thereto). <br />Obligations: Includes, without limitation, all credit including principal and any advances, interest and other <br />amounts due to Lender under the Loan Documents whether or not this trust deed is specifically referred to in <br />the evidence of debt, including without limitation, fees, costs, and expenses, together with all renewals, <br />extensions, or refinancing of same and any future and additional loans or advances made at Lender's option <br />to or on behalf of Borrower by Lender or under any other Loan Document for any purpose whether related or <br />unrelated to the purpose of the original credit, including advances for the protection of the Property, all <br />attorney fees, costs and expenses incurred by Lender to the extent permitted by law in the collection of any <br />loan or in the enforcement or preservation of the rights of Lender in and to the Property, regardless of whether <br />Trustor is obligated thereon as a maker or co -maker, signer or co-signer, or as a guarantor, endorser, surety <br />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 used <br />or to be used to provide water to the Real Property and/or used or useful to the operation or maintenance of <br />such irrigation system(s), and any other personal property of any kind or nature located in or on the Real <br />Property, regardless of whether now or hereafter attached or affixed to the Real Property; together with all <br />accessions, parts and additions to, all replacements of and all substitutions for any of such equipment or <br />personal property. <br />Real Property: Together with the below legally described real estate, all existing or subsequently erected or <br />affixed buildings, structures, improvements or fixtures; all crops, timber, timber to be cut, trees, plants, vines <br />or other plantings; all water, water rights, including riparian rights and surface water rights, watercourses, <br />irrigation, drainage and ditch rights; all rents, issues, uses, income, profits and royalties; all leases, permits, <br />licenses, privileges, easements, rights of way, rights to possession; all rights in and to the lands lying in <br />streets, alleys and roads adjoining the Real Property and appurtenances; all leases, permits, licenses, or <br />privileges, appurtenant or non -appurtenant to the property, now or hereafter issued, extended, or renewed <br />by Trustor, any State, the United States, or any department, bureau, instrumentality, or agency thereof; all <br />proceeds in eminent domain, insurance payments, proceeds or refunds of premiums or any other payment <br />or settlement relating to the Property; all oil, gas, gravel, rock, geothermal and similar resources or other <br />mineral rights of whatever nature; and any and all other rights related to the real property. <br />Property: Collectively the Real Property and the Personal Property, including without limitation all insurance <br />proceeds and refunds of insurance premiums related to said Property. <br />FORM 5011, Trust Deed and Assignment of Rents 278SK Legal Doc. Date: April 5, 2024 <br />Page 2 of 9 <br />