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PREFACE TO AGRICULTURAL DEED OF TRUST
<br />COMPLETE this portion only if the real property described ---
<br />consists of INDIVIDUALLY OWNED AGRICULTURAL LAND
<br /><7
<br />If applicable, complete ONLY ONE either A, B, or C
<br />[ ] A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD:
<br />Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property.
<br />Trustor, and each of them if more than one, hereby disclaims Trustor's right to designate a homestead on said real estate.
<br />No part of Trustor's homestead is presently or will in the future be situated upon said real estate. Trustor understands that
<br />if Trustor establishes a homestead on any part of said real estate during the time the Deed of Trust remains unsatisfied
<br />and lien upon said real estate, there shall be no right to make a designation of homestead in the event of a foreclosure or
<br />trustee's sale with respect to said Deed of Trust.
<br />[XX] B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD:
<br />Trustor ackowledges that Trustor is about to execute the following Deed of Trust upon the Property.
<br />Trustor, and each of them if more than one, hereby waives Trustor's right to designate a homestead on said real estate.
<br />Trustor understands that Trustor has right to make a designation of homestead and that by executing this waiver, Trustor
<br />is waiving rights otherwise available for the purpose of affording them the opportunity to retain Trustor's homestead in the
<br />event of a default upon the Deed of Trust.
<br />[ ] C. DESIGNATION OF HOMESTEAD:
<br />Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq. Revised Statutes of the State
<br />of Nebraska), Trustor hereby designates the real estate described in the "Designation of Homestead" attached hereto and
<br />incorporated herein by this reference.
<br />E.
<br />TRUSTOR
<br />CONNIE G. O'BRIEN
<br />TRUSTOR
<br />THIS DEED OF TRUST, is made as of the 25TH day of FEBRUARY , 2004, by and among the Trustor,
<br />LEVERN E. O'BRIEN AND CONNIE G. O'BRIEN, HUSBAND AND WIFE , whose mailing address is
<br />8781 S BLUFF CENTER ROAD, SHELTON, NE 68876 (herein " Trustor", whether one or more), the Trustee,
<br />FIRST STATE BANK, whose mailing address is 119 C STREET, P O BOX 639, SHELTON, NE 68876 (herein
<br />"Trustee "), and the Beneficiary, FIRST STATE BANK, whose mailing address is 119 C STREET, P O BOX 639,
<br />SHELTON, NE 68876 (herein "Lender").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br />LEVERN E. O'BRIEN AND CONNIE G. O'BRIEN, HUSBAND AND WIFE (herein "Borrower," whether one or
<br />more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants,
<br />transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender,
<br />under and subject to the terms and conditions hereinafter set forth, the real property described as follows:
<br />PARCEL 1: THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE 1/4 SW 1/4), SECTION TWENTY -EIGHT (28), AND ALL OF THE
<br />SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW/. SW IA), SECTION TWENTY -EIGHT (28), TOWNSHIP TEN (10) NORTH, RANGE
<br />TWELVE (12) WEST OF THE 6TH P.M., HALL COUNTY NEBRASKA, EXCEPTING A CERTAIN TRACT CONVEYED TO LEVERN E. O'BRIEN AND
<br />CONNIE G. O'BRIEN BY WARRANTY DEED RECORDED AS DOCUMENT NO. 77 -003078 AND EXCEPTING A CERTAIN TRACT CONVEYED TO
<br />THE COUNTY OF HALL BY DEED RECORDED IN BOOK 37, PAGE 631.
<br />PARCEL 2: ALL OF THE NORTHWEST QUARTER (NW 1/4) LYING SOUTH OF THE RAILROAD RIGHT OF WAY IN SECTION THIRTY -THREE
<br />(33), TOWNSHIP TEN (10) NORTH, RANGE TWELVE (12) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA.
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof,
<br />and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and
<br />cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of
<br />which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed
<br />of Trust and all of the foregoing being referred to herein as the "Property".
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<br />PREFACE TO AGRICULTURAL DEED OF TRUST
<br />COMPLETE this portion only if the real property described ---
<br />consists of INDIVIDUALLY OWNED AGRICULTURAL LAND
<br /><7
<br />If applicable, complete ONLY ONE either A, B, or C
<br />[ ] A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD:
<br />Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property.
<br />Trustor, and each of them if more than one, hereby disclaims Trustor's right to designate a homestead on said real estate.
<br />No part of Trustor's homestead is presently or will in the future be situated upon said real estate. Trustor understands that
<br />if Trustor establishes a homestead on any part of said real estate during the time the Deed of Trust remains unsatisfied
<br />and lien upon said real estate, there shall be no right to make a designation of homestead in the event of a foreclosure or
<br />trustee's sale with respect to said Deed of Trust.
<br />[XX] B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD:
<br />Trustor ackowledges that Trustor is about to execute the following Deed of Trust upon the Property.
<br />Trustor, and each of them if more than one, hereby waives Trustor's right to designate a homestead on said real estate.
<br />Trustor understands that Trustor has right to make a designation of homestead and that by executing this waiver, Trustor
<br />is waiving rights otherwise available for the purpose of affording them the opportunity to retain Trustor's homestead in the
<br />event of a default upon the Deed of Trust.
<br />[ ] C. DESIGNATION OF HOMESTEAD:
<br />Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq. Revised Statutes of the State
<br />of Nebraska), Trustor hereby designates the real estate described in the "Designation of Homestead" attached hereto and
<br />incorporated herein by this reference.
<br />E.
<br />TRUSTOR
<br />CONNIE G. O'BRIEN
<br />TRUSTOR
<br />THIS DEED OF TRUST, is made as of the 25TH day of FEBRUARY , 2004, by and among the Trustor,
<br />LEVERN E. O'BRIEN AND CONNIE G. O'BRIEN, HUSBAND AND WIFE , whose mailing address is
<br />8781 S BLUFF CENTER ROAD, SHELTON, NE 68876 (herein " Trustor", whether one or more), the Trustee,
<br />FIRST STATE BANK, whose mailing address is 119 C STREET, P O BOX 639, SHELTON, NE 68876 (herein
<br />"Trustee "), and the Beneficiary, FIRST STATE BANK, whose mailing address is 119 C STREET, P O BOX 639,
<br />SHELTON, NE 68876 (herein "Lender").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br />LEVERN E. O'BRIEN AND CONNIE G. O'BRIEN, HUSBAND AND WIFE (herein "Borrower," whether one or
<br />more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants,
<br />transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender,
<br />under and subject to the terms and conditions hereinafter set forth, the real property described as follows:
<br />PARCEL 1: THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE 1/4 SW 1/4), SECTION TWENTY -EIGHT (28), AND ALL OF THE
<br />SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW/. SW IA), SECTION TWENTY -EIGHT (28), TOWNSHIP TEN (10) NORTH, RANGE
<br />TWELVE (12) WEST OF THE 6TH P.M., HALL COUNTY NEBRASKA, EXCEPTING A CERTAIN TRACT CONVEYED TO LEVERN E. O'BRIEN AND
<br />CONNIE G. O'BRIEN BY WARRANTY DEED RECORDED AS DOCUMENT NO. 77 -003078 AND EXCEPTING A CERTAIN TRACT CONVEYED TO
<br />THE COUNTY OF HALL BY DEED RECORDED IN BOOK 37, PAGE 631.
<br />PARCEL 2: ALL OF THE NORTHWEST QUARTER (NW 1/4) LYING SOUTH OF THE RAILROAD RIGHT OF WAY IN SECTION THIRTY -THREE
<br />(33), TOWNSHIP TEN (10) NORTH, RANGE TWELVE (12) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA.
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof,
<br />and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and
<br />cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of
<br />which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed
<br />of Trust and all of the foregoing being referred to herein as the "Property".
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