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A a A <br />d C IO <br />O <br />a <br />M S D} <br />T <br />� n i <br />n v <br />n CA <br />7q Z <br />S3 <br />7 <br />=i <br />m � � <br />0 <br />l� CAD <br />Cb <br />HOMESTEAD DESIGNATION WAIVER <br />f'7 Cf� <br />C D <br />z m <br />--1 <br />� O <br />S rn <br />co <br />r <br />r n <br />Cn <br />D <br />CP <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. <br />Sections 76 -1901, et. seq., as a preface to the execution, and as a part of the following Trust Deed, <br />undersigned Trustor(s) being first duly sworn, elects to Waive the Right to Designate a Homestead. <br />NF-" <br />CDR <br />N <br />cn� <br />s� <br />Cn r-P <br />Z <br />0 <br />Stat. <br />the <br />I/We understand that Uwe have the right to make a designation of homestead in the following Trust <br />Deed. The execution of this Waiver constitutes a waiver of rights otherwise available to me /us for the purpose <br />of affording me /us the opportunity to retai m homestead in the event of a default upon the Trust Deed. <br />�J2 , �. I A - 0 w" `�o I D � 3 & - <br />MITCHE L L. SPIEHS ARILYN SPIEHS <br />DEED OF TRUST WITH FUTURE ADVANCES <br />This DEED OF TRUST is made this 30th day of April, 2004, by and among MITCHELL L. SPIEHS <br />and JARILYN SPIEHS, husband and wife, hereinafter referred to as " Trustors," whether one or more, <br />whose mailing address is 5525 North 90th Road, Cairo, Nebraska 68824; THE STATE BANK OF CAIRO, <br />a Nebraska Banking Corporation, hereinafter referred to as "Trustee," whose mailing address is Box 428, <br />Cairo, Nebraska 68824; and THE STATE BANK OF CAIRO, a Nebraska Banking Corporation, <br />hereinafter referred to as "Beneficiary," whose mailing address is Box 428, Cairo, Nebraska 68824. <br />For valuable consideration, Trustors irrevocably grant, transfer, convey and assign to Trustee, in trust, <br />with pcwer of sale, for the benefit and security of Beneficiary, under and subject to the terms and conditions of <br />this Deed of Trust, the following described real property located in HALL County, Nebraska: <br />A tract of land comprising a part of the Southwest Quarter of the Northwest Quarter (SW 1/4 <br />NW 1/4) of Section Twenty -Four (24), Township Twelve (12) North, Range Eleven (11) West of <br />the 6th P.M., Hall County, Nebraska and more particularly described as follows: <br />Beginning at the southwest corner of said Northwest Quarter (NW 1/4); thence northerly along <br />and upon the west line of said Northwest Quarter (NW 1/4), a distance of Four Hundred <br />Eighty -Seven (487.0) feet; thence deflecting right 89° 28' 14" and running easterly a distance of <br />Nine Hundred Sixty -Six and Five Hundredths (966.05) feet; thence deflecting right 900 31' 46" <br />and; running southerly, parallel with the west line of said Northwest Quarter (NW 1/4), a <br />distance of Five Hundred Thirteen and Eighty -Nine Hundredths (513.89) feet to a point on the <br />south line of said Northwest Quarter (NW 1/4); thence deflecting right 91° 03' 55" and running <br />westerly along and upon the south line of said Northwest Quarter (NW 1/4), a distance of Nine <br />Hundred Sixty -Six and Eighteen Hundredths (966.18) feet to the point of beginning and <br />containing 11.098 acres, of which 0.369 acres is presently occupied by public road right of way., <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges <br />and appurtenances located thereon, and all personal property that may be or hereafter become an integral part of <br />such buildings and improvements, all crops raised thereon, and all water rights, all of which, including <br />replacements and additions thereto, are hereby declared to be a part of the real estate conveyed in trust hereby, it <br />being agreed that all of the foregoing shall be hereinafter referred to as the "Property." <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness evidenced by Trustors' note of even date herewith in the principal sum of <br />513,000.00, together with interest at the rate or rates provided therein, and any and all renewals, modifications <br />and extensions of such note, both principal and interest on the note being payable in accordance with the terms <br />set forth therein, which by this reference is hereby made a part hereof, and any and all future advances and <br />readvances to Trustors hereunder pursuant to one ore more promissory notes or credit agreements (herein called <br />"Note "); <br />b. the payment of other sums advanced by Beneficiary to protect the security of the Note; <br />