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200407852
<br />Deed of Trust, Security Agreement and Fixture Filing
<br />(Nebraska)
<br />This Trust Deed, made this 19th day of July, 2004, between Thomas E. Fagan and Julie A. Fagan, husband and wife,
<br />whose address is 9860 West Abbott Road, Cairo, NE, 68824 -9401 Trustor, and Bruce I. Smith, Attorney at Law,
<br />whose address is P. O. Box 790, Grand Island, NE 68802, Trustee,
<br />Witnesseth: That Whereas, Trustor has executed one certain Deed of Trust Note bearing even date herewith and drawn
<br />to the order of Metropolitan Life Insurance Company, hereinafter called Beneficiary, for the principal sum of -- -THREE
<br />HUNDRED SEVENTY -FIVE THOUSAND - -- Dollars ($375,000.00), payable in lawful money of the United States
<br />which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, payable in
<br />installments, the final installment due April 1, 2024, with interest thereon from the date of disbursement as therein
<br />provided.
<br />And Whereas, Trustor is desirous of securing the prompt payment of said Deed of Trust Note and all interest and charges
<br />thereon, in whose hands soever the same may be.
<br />Now, therefore, Trustor, in consideration of the premises, and for the purpose aforesaid, hath granted, bargained, sold,
<br />and conveyed, and hereby does grant, bargain, sell and convey unto the Trustee, in trust, with power of sale, pursuant to
<br />the Nebraska Trust Deeds Act (Section 76 -1001 et. seq.), all the following described real estate, premises and
<br />property, situate in the County of Hall and State of Nebraska, to wit:
<br />The Southeast Quarter of Section Three, Township Eleven North, Range Eleven West of the Sixth Principal Meridian,
<br />Hall County, Nebraska, EXCEPTING a tract of land more particularly described in Warranty Deed recorded in Book
<br />177, Page 525.
<br />The South Half of the Northwest Quarter in Section Twenty-six, Township Twelve North, Range Eleven West of the
<br />Sixth Principal Meridian, Hall County, Nebraska, EXCEPT tracts of land more particularly described in Deeds recorded
<br />in Book 4, Page 193; in Book 83, Page 636; as Document No. 97- 108872 and as Document No. 83- 005823,
<br />Together with all and singular tenements, hereditaments, privileges and appurtenances, now or hereafter located upon or
<br />belonging to or in anywise appertaining to the above described property, or any part thereof, including any right of
<br />homestead and every contingent right or estate therein.
<br />The Note secured hereby expressly provides that the holder thereof may at its option change or adjust the interest rates
<br />set forth therein.
<br />It is agreed that all irrigation pumps, motors, engines pipes, sprinklers, control panels and accessories, and all other
<br />irrigation equipment together with all water and watering rights of every kind and description, and all improvements,
<br />fixtures and appurtenances connected therewith now or hereafter placed or installed on said premises shall be
<br />construed as affixed to and a part of the real estate hereinabove described and subject to all of the provisions of this
<br />Deed of Trust.
<br />The Note secured by this Deed of Trust is further secured by a Financing Statement and Security Agreement of even
<br />date herewith, covering all equipment, improvements, fixtures and appurtenances as described in said Financing
<br />Statement and Security Agreement.
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