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NUM PAGES <br />DOC TA!�X,, -�-- �— CHG�RET <br />FEES SAY -- --= GHG'X"'RET "_ <br />TOTAL <br />CK NUM <br />BY <br />REC'0 <br />RETURN 806 <br />TR:4CT Iv^rX <br />CG�IP'.;'ri3 <br />200409031 <br />Inst <br />2004 — 7463 <br />RECORnFn <br />BIt��YI. r0I ;N1TY NE <br />2004 AU -5 PM 2: 58 <br />REGISTER OF DEEDS <br />PREFACE TO AGRICULTURAL DEED OF TRUST <br />COMPLETE this portion only if the real property described <br />consists of INDIVIDUALLY OWNED AGRICULTURAL LAND <br />If applicable, complete ONLY ONE either A, B, or C <br />[ ] A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD: <br />Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property. <br />Trustor, and each of them if more than one, hereby disclaims Trustor's right to designate a homestead on said real estate. <br />No part of Trustor's homestead is presently or will in the future be situated upon said real estate. Trustor understands that <br />if Trustor establishes a homestead on any part of said real estate during the time the Deed of Trust remains unsatisfied <br />and lien upon said real estate, there shall be no right to make a designation of homestead in the event of a foreclosure or <br />trustee's sale with respect to said Deed of Trust. <br />[XX] B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD: <br />Trustor ackowledges that Trustor is about to execute the following Deed of Trust upon the Property. <br />Trustor, and each of them if more than one, hereby waives Trustor's right to designate a homestead on said real estate. <br />Trustor understands that Trustor has right to make a designation of homestead and that by executing this waiver, Trustor <br />is waiving rights otherwise available for the purpose of affording them the opportunity to retain Trustor's homestead in the <br />event of a default upon the Deed of Trust. <br />[ ] C. DESIGNATION OF HOMESTEAD: <br />Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq. Revised Statutes of the State <br />of Nebraska), Trustor hereby designates the real estate described in the "Designation of Homestead" attached hereto and <br />incorporated herein. by this reference. <br />C� <br />MYROK MANNING KAT HIRYN M ING <br />TRUSTOR TRUSTOR <br />THIS DEED OF TRUST, is made as of the 28TH day of JULY , 2004, by and among the Trustor, <br />MYRON MANNING AND KATHRYN MANNING, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS <br />TENANTS IN COMMON , whose mailing address is 1023 N WISEMAN ROAD, SHELTON, NE 68876 <br />(herein "Trustor ", whether one or more), the Trustee, FIRST STATE BANK, whose mailing address is 119 C STREET, <br />P O BOX 639, SHELTON, NE 68876 (herein "Trustee "), and the Beneficiary, FIRST STATE BANK, whose mailing <br />address is 119 C STREET, P O BOX 639, SHELTON, NE 68876 (herein "Lender"). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />MYRON MANNING AND KATHRYN MANNING, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS <br />TENANTS IN COMMON (herein "Borrower," whether one or more) and the trust herein created, the receipt of <br />which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter <br />set forth, the real property described as follows: <br />THE SOUTHWEST QUARTER (SW/,) OF SECTION 2, TOWNSHIP 11 NORTH, RANGE 13 WEST OF THE 6TH <br />P.M., BUFFALO COUNTY, NEBRASKA. <br />THE NORTHWEST QUARTER (NW'/.) OF SECTION EIGHTEEN (18), TOWNSHIP ELEVEN (11) NORTH, <br />RANGE TWELVE (12) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA. <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, <br />and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and <br />cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of <br />which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed <br />of Trust and all of the foregoing being referred to herein as the "Property ". <br />