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1 <br />M n n <br />M oz= D <br />n n z <br />200400419 <br />Do not write /type above this line. for riling purposes only. <br />FORM 5011 (1 -2003) <br />RETURN TO Farm Credit Services of America, P.O. Box 5080 Echo Alcorn <br />PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276 <br />HOMESTEAD DESIGNATION DISCLAIMER \ <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stat. Sections 76 -1901, et. seq., as a preface to the <br />execution, and as a part of the following Trust Deed, the undersigned Trustor(s) being first duly sworn, elects to Disclaim the Right to Designate <br />a Homestead. <br />[/We disclaim the right to designate a homestead on the property described in the following Trust Deed. No part of my /our homestead is presently, <br />or in the future will be, situated upon said real estate. I /We understand that if I /we establish a homestead on any part of the real estate during the <br />time the Trust Deed remains unsatisfied and a lien on the real estate, I /we shall have no right to make a designation of homestead in the event of <br />a Trustee's sale. <br />a kcQ,"o <br />Bruce A Mc owell <br />a_ , iE E 11/ 1. 01A �, <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustor(s): <br />Bruce A McDowell and Sharyl L McDowell, husband and wife <br />Mailing Address: <br />303 W 1 Rd <br />Trumbull NE 68980 -1705 <br />This Trust Deed and Assignment of Rents is made January 12 2004, by and among the above named Trustor(s) and AgriBank, FCB, "Trustee," <br />whose mailing address is PO Box 64949, St. Paul, Minnesota 57164-0949 and Farm Credit Services of America FLCA, "Beneficiary," whose <br />mailing address is 5015 S 118th St; PO Box 2409, Omaha, NE 68103 -2409 in consideration o t e a vance y ene iciary of the principal sum <br />specified below, the receipt of which is hereby acknowledged, Trustor(s) irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of <br />this Trust Deed, the property, located in Hall County(ies), State of Nebraska, and described as follows: <br />The East Half of the Northwest Quarter (E 1/2 NW 1/4) of Section Twenty -Five (25), <br />Township Nine (9) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska. <br />together with all TrUStor'S right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and <br />improvements now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, <br />profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property <br />that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and <br />accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to <br />or in any way pertaining to the property, whether or not specifically described herein; all above and below ground irrigation equipment and <br />accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or <br />renewed by Trustor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively <br />referred to in this document as the "property." <br />It is understood and agreed between Trustor(s) and Beneficiary that this Trust Deed is given to secure the repayment in full of the following described <br />promissory note(s), and all future and additional loans or advances, protective or otherwise, which may be made by Beneficiary, at its option, at <br />the request of, and to or for the account of Trustor(s), or any of them, for any purpose, plus interest thereon, all payable according to the terms <br />of the note(s) or other instrument(s) modifying the same. <br />Date of Note Princi al Amount <br />1/b4 1 <br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of ONE HUNDRED <br />FIFTY THOUSAND DOLLARS ($ 150 000.00), exclusive of interest and protective advances authorized herein or in the loan agreements ; prove e <br />further, that I HI5 PARAUKAPH SHAT No I ONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT <br />AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br />This Trust Deed will be due Jgrawy -01, 2019. F-e-OY kCX,-- J a6 )9 <br />Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that Trustor(s) has good and lawful authority to <br />deed and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) <br />will warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all <br />rights of dower, homestead, distributive share, and exemption in and to the above described property. <br />This trust deed secures more than one note. In the event of default under any note, all notes will be considered to be in default and the Beneficiary <br />may exercise the remedies provided herein in satisfaction of all notes. <br />Trustor(s) and each of them further covenants and agrees with Beneficiary as follows: <br />1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon <br />the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or <br />on public domain. <br />2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to <br />the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to <br />Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied may <br />Ap #: 00323953; Primary Customer ID #: 00002986; CIF #: 56024 Legal Doc. Date: January 12, 2004 <br />FORM 5011, Trust Deed and Assignment of Rents Page 1 <br />O <br />C D <br />M, <br />CZ) 0. <br />C> <br />m <br />--a <br />is r;' <br />O C/) <br />r— D <br />O L <br />N <br />s <br />QD <br />C.n <br />co Z <br />Cr> <br />O <br />Do not write /type above this line. for riling purposes only. <br />FORM 5011 (1 -2003) <br />RETURN TO Farm Credit Services of America, P.O. Box 5080 Echo Alcorn <br />PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276 <br />HOMESTEAD DESIGNATION DISCLAIMER \ <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stat. Sections 76 -1901, et. seq., as a preface to the <br />execution, and as a part of the following Trust Deed, the undersigned Trustor(s) being first duly sworn, elects to Disclaim the Right to Designate <br />a Homestead. <br />[/We disclaim the right to designate a homestead on the property described in the following Trust Deed. No part of my /our homestead is presently, <br />or in the future will be, situated upon said real estate. I /We understand that if I /we establish a homestead on any part of the real estate during the <br />time the Trust Deed remains unsatisfied and a lien on the real estate, I /we shall have no right to make a designation of homestead in the event of <br />a Trustee's sale. <br />a kcQ,"o <br />Bruce A Mc owell <br />a_ , iE E 11/ 1. 01A �, <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustor(s): <br />Bruce A McDowell and Sharyl L McDowell, husband and wife <br />Mailing Address: <br />303 W 1 Rd <br />Trumbull NE 68980 -1705 <br />This Trust Deed and Assignment of Rents is made January 12 2004, by and among the above named Trustor(s) and AgriBank, FCB, "Trustee," <br />whose mailing address is PO Box 64949, St. Paul, Minnesota 57164-0949 and Farm Credit Services of America FLCA, "Beneficiary," whose <br />mailing address is 5015 S 118th St; PO Box 2409, Omaha, NE 68103 -2409 in consideration o t e a vance y ene iciary of the principal sum <br />specified below, the receipt of which is hereby acknowledged, Trustor(s) irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of <br />this Trust Deed, the property, located in Hall County(ies), State of Nebraska, and described as follows: <br />The East Half of the Northwest Quarter (E 1/2 NW 1/4) of Section Twenty -Five (25), <br />Township Nine (9) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska. <br />together with all TrUStor'S right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and <br />improvements now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, <br />profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property <br />that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and <br />accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to <br />or in any way pertaining to the property, whether or not specifically described herein; all above and below ground irrigation equipment and <br />accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or <br />renewed by Trustor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively <br />referred to in this document as the "property." <br />It is understood and agreed between Trustor(s) and Beneficiary that this Trust Deed is given to secure the repayment in full of the following described <br />promissory note(s), and all future and additional loans or advances, protective or otherwise, which may be made by Beneficiary, at its option, at <br />the request of, and to or for the account of Trustor(s), or any of them, for any purpose, plus interest thereon, all payable according to the terms <br />of the note(s) or other instrument(s) modifying the same. <br />Date of Note Princi al Amount <br />1/b4 1 <br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of ONE HUNDRED <br />FIFTY THOUSAND DOLLARS ($ 150 000.00), exclusive of interest and protective advances authorized herein or in the loan agreements ; prove e <br />further, that I HI5 PARAUKAPH SHAT No I ONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT <br />AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br />This Trust Deed will be due Jgrawy -01, 2019. F-e-OY kCX,-- J a6 )9 <br />Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that Trustor(s) has good and lawful authority to <br />deed and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) <br />will warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all <br />rights of dower, homestead, distributive share, and exemption in and to the above described property. <br />This trust deed secures more than one note. In the event of default under any note, all notes will be considered to be in default and the Beneficiary <br />may exercise the remedies provided herein in satisfaction of all notes. <br />Trustor(s) and each of them further covenants and agrees with Beneficiary as follows: <br />1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon <br />the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or <br />on public domain. <br />2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to <br />the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to <br />Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied may <br />Ap #: 00323953; Primary Customer ID #: 00002986; CIF #: 56024 Legal Doc. Date: January 12, 2004 <br />FORM 5011, Trust Deed and Assignment of Rents Page 1 <br />