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<br />RETURN TO Farm Credit Services of America, P.O. Box 5080 Echo Alcorn
<br />PREPARER: Grand Island, HE 68802 -5080 (800) 503 -3276
<br />HOMESTEAD DESIGNATION WAIVER 7;
<br />In accordenco with the provisions of the Nebraska Farm Homestead Protection Act. Neb. Rev Stat Sections 76 -1901, at. seq., as a preforp to the
<br />wliun, and as a part of the following Trust Deed, the undersigned Tmsteds) being first duly sworn, elects to Waive the Right to Designate a
<br />Homestead.
<br />I /We understand that I /we have the right to make o deslgnol3on of homestead in the following Trust Deed. The execatimn of this Waiver constitutes
<br />I 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 />default upon the Trust Dead
<br />PATFR,TiSTi iiiv'g
<br />Farm credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF RENTS
<br />Trustorlsl:
<br />DONALD L IRVINE and PATRICIA A IRVINE, husband and wife
<br />Mailing Address:
<br />3780 N BLUFF CENTER ROAD
<br />CAIRO NE 68824 9547
<br />This Trust Deed and Assignment of Rents is made Febraao 07, 2003, by and among the above named Trustor(s) and AgriBank, FCB, 'Trustee,"
<br />whose mailing address is PO Be. 6494$ St. Paul, esM 'ota 55164 0949, and Farm Credit Services of Amerira FLOA, "ReneflnlarY." whose
<br />railing address is 5015 6 118th St PO Rnx 2409, Omaha, NE 68103 -2409 In co�deration of the ativance by BeneficierY of tM1e principal sum
<br />specified below, the reoemto w iu r _Fa, e y acknowTedgei TrustorTsT Irrevocablv transfers, convoys and assigns to Trustee, IN TRUST, WITH
<br />POWER OF SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to file tonne and conditions of
<br />this Trust Deed, the property, located in Hall Countypes), State of Nebraska, and described as follows:
<br />S 1/2 NE 1/4, Sec. 32, Twfe. 12N, Rge. 12W 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 />lnprovdmente 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 pussessiun: all oil, gas, gravel, rock, or other minerals of whatever nature, including ge thermal resources; all personal property
<br />that may Integrally belong to or hereafter become an Integral part of (he real estate whether attached or detached, including any appurtenances and
<br />arrn morments of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging m
<br />any way pertaining to the property, whether or not specifically described herein; all above and below ground irrigation equipment and
<br />o rr
<br />renewed by and all al, an , State, t United r privileges, appurtenant or reaappstrumen to the property, now or hereafter Issued, extended or
<br />renewetl by Trus[orlsL any State, the Unite) Bwfee, 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 Tur mate) and Beneficiary that this Trust Deed is given to secure the repayment in full of the following described
<br />promlasury acidic), and Il future and additional loans or advances, protective or otherwise, which may be made by Beneficiary, at its option, at
<br />the request of and to or for the account of Trustorls), or any of them, for any purpose, plus Interest Thereon, all payable according to the terms
<br />of the hotels) or other fnstrumentlsl modifying the scale.
<br />Date Princi a
<br />Provided, however, that the total principal Indebtedness outstanding and secured hereby at any one time will not exceed the sum of SIXTY -SEVEN
<br />TIi OUSAND DOLLARS(6 67 000.00), exclusive of interest and protecbve advances authorized herein or in the loan a0 mentl.$); prow
<br />t atTi — ERMd"ARAMIAPH SHALL NU I CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY
<br />TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Decd will be due Me, 01, 2023.
<br />Trustor(s) hereby warrants that Trustorlsl holds tee s and title to the above dosd,,bcd property, that Trustorls) has good and lawful authority to
<br />dead and encumber the same, that the property is free and clear of all hens and encunbrances, except encumbrances of record, and that Trustorlsl
<br />will warrant and defend the property, at Trustorls) expense, against all claimants whomsoever. Trustorls) also hereby waives and relinquishes all
<br />rights of dower, homestead, distributive there, and exemption in and to the above described property.
<br />Trustorlsl 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 second, to this Trust Deed, including (hose in or
<br />up public domein.
<br />2. To insure and keep Insured buildings antl 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 fur reconstruction of the destroyed improvements or if not so applied may
<br />be applied, at the option of Beneficiary, In payment of any indebtedness matured or unm at0red secured by Bas Trust Decd. Such insurance will be
<br />in an amount at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and
<br />will at minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hall.
<br />Trustorlsl will obtain and keep flood insurance in force to cover losses by flood as required by Bennfir,iary and by the National Flood Insurance Act
<br />F 1968, as amended, and by regulations implementing the same. Trustorlsl further agree that Beneficiary is not and will not be Iiahle. for any failure
<br />by Trustorlsl or by any insurer, for whatever reason, to obtain and keep this Insurance in force.
<br />Ap p: 00290994; Primary Customer ID A: 00055901; CIE V: 107964 Legal Doc. Date: February 07, 2003
<br />FORM 5011, 1 rust Deed and Asaignmant of Rents Page 1
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