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202507285
<br />This instrument is executed and delivered as of the above date by Douglas C. Jones and Michelle L. Jones
<br />("Grantor") to Mac America Ag Finance, Inc. ("Trustee"), in trust, for the benefit of Mac America Ag Finance, Inc.
<br />("Lender").
<br />Lender has made a loan in the original principal amount of $680,000.00 (the "Loan") to Douglas C. Jones
<br />and Michelle L. Jones (individually and, if more than one, collectively, "Borrower") under the terms and conditions
<br />of the Promissory Note from Borrower to Lender dated as of the date of this instrument in the original principal amount
<br />of $680,000.00 (the "Note").
<br />In consideration of the foregoing, and to induce Lender to make the Loan, Grantor hereby agrees:
<br />1. Definitions and Rules of Construction.
<br />(a) Defined Terms. Each capitalized term used in this instrument that is defined in the Note and not
<br />defined in this instrument will have the meaning specified in the Note.
<br />(b) UCC Definitions. Each term that is used in this agreement which is defined in Article 9 of the UCC
<br />is used as defined in Article 9 of the UCC;
<br />(c) Rules of Construction. This instrument will be construed in accordance with the Rules of
<br />Construction specified in the Note.
<br />(a) Grant. To secure repayment of all Secured Obligations (defined herein), Grantor irrevocably and
<br />unconditionally mortgages, warrants, grants, bargains, sells, and conveys to Trustee, for the benefit of Lender and
<br />Lender's successors and assigns, WITH POWER OF SALE, all of Grantor's estate, right, title and interest which
<br />Grantor now has or may later acquire in the following, wherever located, and whether constituting real estate or
<br />personal property, replacements and additions thereof (individually and collectively, the "Property");
<br />(b) the real estate described on Exhibit A, attached (the "Land");
<br />(c) buildings, structures, improvements, and fixtures now or hereafter erected on, affixed or attached to
<br />the Land, including all trellises, farm products storage and handling units and equipment, and fences, gates and loading
<br />chutes (the "Improvements");
<br />(d) (A) wells, irrigation and drainage pumps, motors, pipes, windmills, frost protection equipment,
<br />center pivot irrigators, sprinklers, drip line and emitters, filters, water measurement meters and control structures and
<br />other watering and irrigation equipment; and (B) all other equipment now or hereafter affixed or installed in any
<br />manner on the Land or the Improvements or used in connection with the operation of the Property (other than rolling
<br />stock and implements customarily towed) (the "Equipment");
<br />(e) easements, rights -of -way and other rights and entitlements appurtenant to the Land or used in
<br />connection with the Land or as a means of access thereto;
<br />(f) other tenements, hereditaments and appurtenances to the Land;
<br />(g) rights to the use and enjoyment of water, whether surface or subsurface, whether riparian,
<br />appropriative, prescriptive or otherwise, and whether or not appurtenant, now or hereafter relating or available to the
<br />Land or used in connection therewith: (i) water allocations, water banking rights or interests, carryover rights,
<br />supplemental water, storage and exchange rights drainage rights, distribution rights, storage rights, delivery rights,
<br />and other water -related rights or entitlements, whether available through any public or private irrigation projects,
<br />companies, districts, agencies or otherwise, together with all shares of stock evidencing any such rights or entitlements,
<br />and all voting rights and other rights and privileges that now or hereafter may exist with respect to such stock or with
<br />respect to participation, membership, or other involvement in any such projects, companies, districts, or agencies; (ii)
<br />water and water inventory in storage; (iii) rights under well, pump and filter sharing agreements; and (iv) all easements,
<br />permits, licenses, leases, contracts, grants, reservations and any other rights and entitlements, however created, to drill,
<br />install and maintain wells, pumps and pipeline systems, or to use, appropriate, pump, extract, receive, transport, store
<br />Nebraska - Deed of Trust
<br />FAMC Loan No. 40011191
<br />Originator Loan No. 40011191
<br />3 ©Federal Agricultural Mortgage Corporation
<br />251518151204 [Doc Id 2101 MI20920251
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