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� n � �; , � � n n z � _ ,� � � � � tt9 � � rn � "1 t� (� r-«. c� p �D N --� N � o � � � � Q \` � ° � � tl�i p � � r''i � � r-- �p � c7 r— 3� Q� N � 3 � � � —� 'L� F--+ v�. "C CD CO � �,, � 99 1064 � � a 0 C� o not wnfe/fype a ove this/ine. For iing purposes on y. '_^ FORM 5011 (12-98) V ' f�ETURN TO Farm Credit Services, P.O. Box 5080 Sandi Sweeney d PREPARER: Grand Island, NE 68802-5080 (308►382-9025 Farm Credit Services of America TRUST DEED AND ASSIGNMENT OF RENTS Trustorls): GWYNNE A KUHN, Trustee for GWYNNE A KUHN TRUST Mailing Address: 3450 S STUHR RD GRAND ISLAND NE 68801-9802 This Trust Deed and Assignment of Rents is made June 23 1999,by and among the above named Trustor(s)and AgAmerica,FCB, "Trustee,"whose mailing address is PO Box TAF-05, Spokane,Was mgton 0-4005,and Farm Credit Services of America FLCA, "Beneficiary," whose mailing address is 206 S 19th Street,'Oma}ia NE 6$102-1745 in�Qr�ideration of t e a vance y ene iciary o t e pnncipal sum specified below, the receipt of w ic is ere y ac now,e g n _any,. u�ir�,.,$dl`t��i"hal, or protective advances made at Beneficiary's option, Trustor(s) irrevocably transfers, conveys and aassigns to;Trustee,�N TRUSIi WfT}i P�WE�?OF SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject td th�3et§rns and co'ndilioris of tF�s Trust Deed, the property, located in Hall Countyliesl, State of Nebraska, and described as follows: � Lot 2, Platte View Subdivision together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and improvements now on or hereafter placed upon the property;all appurtenances,water,irrigation,and drainage rights;all rents,issues,uses,income, profits,and rights to possession;all oil,gas,gravel,rock,or other minerals of whatever nature,including geothermal resources;all personal property that may integrally beiong to or hereafter become an integral part of the real estate whether attached or detached,including any appurtenances and accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to or in any way perta�niny to the property, wnetner or not s,�eciricaHy-described herein; aii above and trelow ground irngation equipment and accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or renewed by Trustor�s►, any State,the United States,or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the "property." It is understood and agreed between Trustor(s)and Beneficiary that this Trust Deed is given to secure: (a) Promissory note(s) described as follows: Date of Note Princi al Amount � , , . payable according to the terms of the notelsl, and any addendum to, reamortization or restructuring of the notelsl. (b) The repayment in full by of any and all future and additional loans or advances which may be made by Beneficiary, at its option, at the request of, and to or for the account of Trustorlsl, or any of them, for any purpose, plus interest on all loans or advances, under any notels) or other instrumentls)modifying,refinancing,extending,renewing,reamortizing,or restructuring,new existing,or additional indebtedness or any part thereof, all payable according to the terms of the note(s) or other instrumentls►; provided, however,that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of NINETY-SEVEN THOUSAND EIGHT HUNDRED TWENTY DOLLARS IS 97 820.00►, exclusive of interest and protective advances authorized herein or in t e oan agreementls ; provided further,t at AP L N T CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME,WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. (c) The repayment in full of all amounts advanced by Beneficiary at its option, as protective advances authorized herein, in the loan agreementls►, or in other instrumentls) which evidence such advances, plus interest on all such advances, payable as provided in the notelsl, loan agreement(s), or other instrumentlsl. (d) The payment in full of any and all other past, present, or future, direct or contingent, debts and liabilities of Trustor(s) or other makers to Beneficiary of any nature whatsoever. This Trust Deed will be due Julv 01, 2014, or upon the payment in full of all sums secured hereby. Trus±erlsl her��y rvarranis ifiat i rustorls) hoids tee simple title to the above described property, that Trustor�s) has good and lawful authority to deed and encumber the same,that the property is free and clear of all liens and encumbrances,except encumbrances of record, and that Trustorls) will warrant and defend the property, at Trustorls) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all rights of dower, homestead, distnbutive share, and exemption m and to the above described property. Trustorls)and each of them further covenants and agrees with Beneficiary as follows: 1. To pay all liens,judgments,or other assessments ayainst the property,and to pay when due all assessments,taxes, rents,fees,or charges upon the property or under any lease, permit, license,or pnvilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public domain. 2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied may be applied, at the option of Beneficiary, m payment of any indebtedness matured or unmatured secured by this Trust Deed. 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreementlsl. 4. In the event Trustor(s)fails to pay any liens,judgments, assessments,taxes, rents,fees,or charges or maintain any insurance on the property, buildings,fixtures,attachments,or improvements as provided herein or in the loan agreementlsl,Beneficiary,at its option,may make such payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the note(s) from the date of payment until paid.The advancement by Beneficiary of any such amounts will in no manner limit the right of Beneficiary to declare Trustor(s)in default or exercise any of Beneficiary's other rights and remedies. Ap ti: 00172596; Primary Customer ID #: 00005822; CIF #: 6312 Legal Doc. Date: June 23, 1999 ___" __" � . .. � .� '__._______ _�n__�_ P�nn 1 ..