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<br />Ret. Div. Do not write /type above this line. For riling purposes only.
<br />FORM 5011 (3 -2004)
<br />RETURN TO Farm Credit Services of America, P.O. Box 5080 Echo Alcorn
<br />PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276
<br />HOMESTEAD DESIGNATION DISCLAIMER
<br />In accordance with the provisions of 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 Disclaim the Right to Designate
<br />a Homestead.
<br />I /We disclaim the right to designate a homestead on the property described in the following Trust Deed. No part of my /our homestead is presently,
<br />or in the future will be, situated upon said real estate. I /We understand that if I /we establish a homestead on any part of the real estate during the
<br />time the Trust Deed remains unsatisfied and a lien on the real estate, I /we shall have no right to make a designation of homestead in the event of
<br />a Trustee's sale.
<br />Farm Credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF RENTS
<br />Date: July 20, 2004
<br />Trustor(s):
<br />The Rohwer Family Limited Partnership, a Limited Partnership
<br />Mailing Address:
<br />16404 Pasadena Circle
<br />Omaha NE 68130 -2122
<br />This Trust Deed and Assignment of Rents is made by and among the above named Trustor(s) and AgriBank, FCB, "Trustee," whose mailing address
<br />is PO Box 64949, St. Paul, Minnesota 55164 -0949, and Farm Credit Services of America, FLCA, "Beneficiary," whose mailing address is PO Box
<br />2409, Omaha, NE 68137, in consideration of the advance by Beneficiary of the principal sum specified below, the receipt of which is hereby
<br />acknowledged, Trustor(s) irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security
<br />of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the following described real estate,
<br />located in Hall County(ies), State of Nebraska, and described as follows:
<br />W 1/2 of Section 26, Township 11 North, Range 11 West of the 6th P.M., Hall County,
<br />Nebraska.
<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 property, whether or not specifically described herein; all above and below ground irrigation equipment and
<br />accessories; 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 the repayment in full of the following described
<br />obligations, regardless of whether Mortgagor(s) is(are) liable thereon, and all future and additional loans or advances, protective or otherwise, which
<br />may be made by Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), the parties liable under the note(s) or credit
<br />agreement(s), or any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s), credit agreement(s) or other
<br />instrument(s) modifying the same.
<br />Date of Note(s) or Credit A reementlsl Prince al Amounts)
<br />07/20/2004 17
<br />08/15/2002 250,000.00
<br />02/21/2003 235,000.00
<br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of SIX HUNDRED
<br />FIFTY-FIVE THOUSAND DOLLARS ($ 655 000.00), exclusive of interest and protective advances authorized herein or in the loan agreements ;
<br />provided further-, tat R OT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY
<br />AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Deed will be due August 01, 2024.
<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. Trustor(s) also hereby waives and relinquishes all
<br />rights of dower, homestead, distributive share, and exemption in and to the above described property.
<br />This trust deed secures more than one note. In the event of default under any note, all notes will be considered to be in default and the Beneficiary
<br />may exercise the remedies provided herein in satisfaction of all notes.
<br />Trustor(s) and each of them further covenants and agrees with Beneficiary as follows:
<br />1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon
<br />the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or
<br />on ppublic domain.
<br />2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to
<br />the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to
<br />Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed Improvements or if not so applied may
<br />Ap #: 00347180; Primary Customer ID #: 00100961; CIF #: 104226 Legal Doc. Date: July 20, 2004
<br />FORM 5011, Trust Deed and Assignment of Rents Page 1
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<br />Ret. Div. Do not write /type above this line. For riling purposes only.
<br />FORM 5011 (3 -2004)
<br />RETURN TO Farm Credit Services of America, P.O. Box 5080 Echo Alcorn
<br />PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276
<br />HOMESTEAD DESIGNATION DISCLAIMER
<br />In accordance with the provisions of 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 Disclaim the Right to Designate
<br />a Homestead.
<br />I /We disclaim the right to designate a homestead on the property described in the following Trust Deed. No part of my /our homestead is presently,
<br />or in the future will be, situated upon said real estate. I /We understand that if I /we establish a homestead on any part of the real estate during the
<br />time the Trust Deed remains unsatisfied and a lien on the real estate, I /we shall have no right to make a designation of homestead in the event of
<br />a Trustee's sale.
<br />Farm Credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF RENTS
<br />Date: July 20, 2004
<br />Trustor(s):
<br />The Rohwer Family Limited Partnership, a Limited Partnership
<br />Mailing Address:
<br />16404 Pasadena Circle
<br />Omaha NE 68130 -2122
<br />This Trust Deed and Assignment of Rents is made by and among the above named Trustor(s) and AgriBank, FCB, "Trustee," whose mailing address
<br />is PO Box 64949, St. Paul, Minnesota 55164 -0949, and Farm Credit Services of America, FLCA, "Beneficiary," whose mailing address is PO Box
<br />2409, Omaha, NE 68137, in consideration of the advance by Beneficiary of the principal sum specified below, the receipt of which is hereby
<br />acknowledged, Trustor(s) irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security
<br />of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the following described real estate,
<br />located in Hall County(ies), State of Nebraska, and described as follows:
<br />W 1/2 of Section 26, Township 11 North, Range 11 West of the 6th P.M., Hall County,
<br />Nebraska.
<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 property, whether or not specifically described herein; all above and below ground irrigation equipment and
<br />accessories; 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 the repayment in full of the following described
<br />obligations, regardless of whether Mortgagor(s) is(are) liable thereon, and all future and additional loans or advances, protective or otherwise, which
<br />may be made by Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), the parties liable under the note(s) or credit
<br />agreement(s), or any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s), credit agreement(s) or other
<br />instrument(s) modifying the same.
<br />Date of Note(s) or Credit A reementlsl Prince al Amounts)
<br />07/20/2004 17
<br />08/15/2002 250,000.00
<br />02/21/2003 235,000.00
<br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of SIX HUNDRED
<br />FIFTY-FIVE THOUSAND DOLLARS ($ 655 000.00), exclusive of interest and protective advances authorized herein or in the loan agreements ;
<br />provided further-, tat R OT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY
<br />AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Deed will be due August 01, 2024.
<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. Trustor(s) also hereby waives and relinquishes all
<br />rights of dower, homestead, distributive share, and exemption in and to the above described property.
<br />This trust deed secures more than one note. In the event of default under any note, all notes will be considered to be in default and the Beneficiary
<br />may exercise the remedies provided herein in satisfaction of all notes.
<br />Trustor(s) and each of them further covenants and agrees with Beneficiary as follows:
<br />1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon
<br />the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or
<br />on ppublic domain.
<br />2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to
<br />the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to
<br />Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed Improvements or if not so applied may
<br />Ap #: 00347180; Primary Customer ID #: 00100961; CIF #: 104226 Legal Doc. Date: July 20, 2004
<br />FORM 5011, Trust Deed and Assignment of Rents Page 1
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