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rn <br />R9 m p <br />I 2 q '� rn o N <br />pp z <br />n N <br />S Uf <br />It <br />be <br />20030166/ z <br />O <br />rA� - ron.5a,10¢0031 <br />RETURN TO Farm edit Services of America 3800 NW 12th, Suite D Dab Birkel <br />PREPARER: foci HE 685210000 18881396 -3276 —_ <br />HOMESTEAD DESIGNATION WAIVER <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stan. Sections 76 -1901, at, sag a a preiece to the ,S <br />Hanr,felon, and as a part of the following Trust Deed, the undersigned Trustorls) being first duly sworn, elems to Waive the Right to Designate a C <br />ieslcad. <br />/We understand that avu, have the right to make a designation of homestead in the following Trust Deatl- The execution of this Waiver constitutes <br />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 open the Trust Dead. e ) — <br />0 <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustorlsl: <br />JAY D RAINFORTH and KELLY RAINFORTH, husband and wife <br />Mailing Address: <br />2634 RAINDANCF <br />FREMONT NE 68025 -7912 <br />I rust need, the property, located in <br />SEE ATTACHED EXHIBIT "A" <br />together with all Trustor's right, <br />improvements now on or hereafter <br />profits, and rights to possession; al <br />that may Integrally balong to or her <br />accoutrements of any structure or <br />or in any way retention to the 1 <br />and among the above named <br />to st entr sore and aaaigna, under and sumac, <br />of Nebraska, and described as follows <br />- <br />in the orooerty, ouw or <br />d AgriBank, FCB. "I Macau." <br />"Beneficiary," whose mailing <br />rcentury of the principal sum <br />to Trustee, IN TRUST. WITH <br />the terms and conditions of <br />buildings, fixtures, crops, and <br />all rents, issues, uses, income, <br />resources; all personal property <br />and other rigors and neurrts now or at anygme nereatte <br />described herein; all above and below ground irrigation e <br />or napNurtewnl to the properly, now or hereafter Issue <br />bureau, instrumentality, or agency thereof, The foregoing <br />returned to In me, Sentiment as me property. <br />It is understood and agreed between Trustorlsl and Beneficiary that this Trust Deed Is given to senure the repayment In full of the follow l ng,described <br />promissory depend, and all future and additional loans or advances, protective or otherwise, which may he made by Beneficiary, at Its Option, at <br />the request of, and to or for the account of Trustorlsl, or any of them, for any purpose, plus interest thereon, all payable according to the terms <br />Of the panels) or other imetrumentid modifying the same. <br />Dense Princi 25 a <br />12/27/2002 25,000.0000 <br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of FIFTY <br />THOUSAND DOLLARS S 50000,00), exclusive of interest and protective advances authorized herein or in the loan a9 ends); provided furter, <br />that AAAUHAPH SAAL�Fir CONSTITUTE A COMMITMENT TO MAKE FURTHER OR AUDI I IONAL ADVANCES IN ANY AMOUNT AT ANY <br />TIME, WHETHER OR NOT THE TOTAI. PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br />This Trust Dead will be due January 01. 2018. <br />Tru tons) hereby warrants :hat Trustorlsl holds tee simple. title to the above described property, that Trustorlsl has good and lawful authority to <br />deed and encumber the same, that the property Is tree and occur of all Ilan, and uncmmbrances, except encumbrances of renord, and that Trustor(sl <br />will warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustorls) 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 Eeneficiary <br />may exercise the remedies provided herein in satisfaction of all notes. <br />Trustorls) and each of them further covenants and agrees with Beneficiary as follows: <br />a. I pay all liens, judgments, or other assessments against the property, and in 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 public bargain. <br />2. To or nee and keep insured buildings and other improvements - including fixtures and attachments now on or hereafter placed on the proppay to <br />the satafartion 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 Banaflclary may be used to pay for reconstruction of the destroyed Improvements or If nut so applied may <br />be applied, at tire option of Beneficiary, in payment of any indebtedness matured or unmamred secured by this Trust Deed. Such insurance will be <br />in an amount at least equal to the lesser of lbe loan balance, the actual cash value Of the collateral, or the replacement cost of the property, and <br />will at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, III commotion, smoke, windstorm, and hail. <br />Ap #: 00282465; Primary Customer ID #: 00102924; CIF #: 106683 Legal Doc Date: January 28, 2003 <br />FORM 6011, Trust Deed and Assignment of Rents Page 1 <br />