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<br /> FORM 5011 (12-98)
<br /> RETURN TO ;: Farm Credit Services, P.O. Box 889 APRIL TUREK —"'^�
<br /> PREPARER: Hastings, NE 68902-0889 (8001398-3276 C`i
<br /> HOMESTEAD DESIGNATION WAIVER �
<br /> In accordance with the provisions'd�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 Waive the Right to Designate a
<br /> Homestead. . .
<br /> , - ��.«, Y�.��...��� . .,.
<br /> I/We understand that I/we have the right to make a designation of homestead in the following Trust Deed. The execution of this Waiver constitutes
<br /> a waiver of rights otherwise available to me/us for the purpose of affording me/us the opportunity to retain my/our homestead in the event of a
<br /> def t upon the Trust Dee
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<br /> Farm Credit Services of America
<br /> TRUST DEED AND ASSIGNMENT OF RENTS
<br /> Trustor(s):
<br /> JOAN K SWIGLE and WILLIAM F SWIGLE, wife and husband
<br /> Mailing Address:
<br /> 905 N WILLIAMS
<br /> HASTINGS NE 68901-3817
<br /> This Trust Deed and Assignment of Rents is made Au ust 02 1999, by and among the above named Trustor�s) and AgAmerica, FCB, "Trustee,"
<br /> whose mailing address is PO Box TAF-05, Spokane, ashington 220-4005,and Farm Credit Services of America FLCA, "Beneficiary," whose
<br /> mailing address is 206 S 19th Street,Omaha NE 68102-1745 in consideration of the a vance y ene iciary o t e pnncipal sum specified below,
<br /> the receipt of whic is ereby acknow e ge ,and any uture,additional,or protective advances made at Beneficiary's option,Trustor(s)irrevocably
<br /> transfers, conveys and aassigns to Trustee, IN TRUST,WITH POWER OF SALE,for the benefit and security of Beneficiary, its successors and
<br /> assigns, under and subject to the terms and conditions of this Trust Deed, the property, located in Hall County(ies1, State of Nebraska, and
<br /> described as follows:
<br /> NE1/4 S-28, T-9N, R-9W OF THE 6TH P.M.
<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 pro�erty, whether or not specifically described herein; all above and below ground irrigation equipment and
<br /> accessones; 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:
<br /> (a) Promissory note(s) described as follows:
<br /> Date of Note Princi ai Amount
<br /> �$76�T�f��3 , .
<br /> payable according to the terms of the notels), and any addendum to, reamortization or restructuring of the notels►.
<br /> (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
<br /> of, and to or for the account of Trustor(s1, or any of them, for any purpose, plus interest on all loans or advances, under any note(s) or other
<br /> instrumentls)modifying,refinancing,extending,renewing,reamortizing,or restructuring,new existing,or additional indebtedness or any part thereof,
<br /> all payable according to the terms of the note(s)or other instrument(s1; provided, however,that the total principal indebtedness outstanding
<br /> and secured hereby at any one time will not exceed the sum of ONE HUNDRED THIRTY-ONE THOUSAND DOLLARS(S 131 000.00►, exclusive
<br /> of interest and protective advances authorized herein or in t e oan agreement s ; provi e urt er, t at P�SHALL NOT
<br /> CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME,WHETHER OR NOT THE TOTAL
<br /> PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br /> (c) The repayment in full of all amounts advanced by Beneficiary at its option, as protective advances authorized herein, in the loan agreementls),
<br /> or in other instrumentls) which evidence such advances, plus interest on all such advances, payable as provided in the notelsl, loan agreement(sl,
<br /> or other instrumentls►.
<br /> (d) The payment in ful! of any and all other past, present, or future, direct or contingent, debts and liabilities of Trustorls) or other makers to
<br /> Beneficiary of any nature whatsoever.
<br /> This Trust Deed will be due Januarv 01, 2019,or upon the payment in full of all sums secured hereby.
<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. Trustorls) also hereby waives and relinquishes all
<br /> rights of dower, homestead, distnbutive share, and exemption m and to the above described property.
<br /> Ap i1:00172400; Primary Customer ID #:00079576; CIF #: 84686 Legal Doc. Date:August 02, 1999
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