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COMPLETE this portion ONLY if the real property described consists of INDIVIDUALLY OWNED AGRICULTURAL LAND If applicable, complete ONLY ONE either A, B, or C: FX A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD: Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property. Trustor, and each them if more than one, hereby disclaims Trustor's right to designate a homestead on said real estate. No part of Trustor's homeste is presently or will in the future be situated upon said real estate. Trustor understands that if Trustor establishes a homestead on a part of said real estate during the time the Deed of Trust remains unsatisfied and a lien upon said real estate, there shall be no right make a designation of homestead in the event of a foreclosure or trustee's sale with respect to said Deed of Trust. B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD: Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property. Trustor, and each of them if more than one, hereby waives Trustor's right to designate a homestead on said real estate. Trustor understands that Trustor has right to make a designation of homestead and that by executing this waiver, Trustor is waiving rights otherwise available for the purpose of affording them the opportunity to retain Trustor's homestead in the event of a default upon the Deed of Trust. ❑ C. DESIGNATION OF HOMESTEAD: Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq. Revised Statutes of the State of Nebraska), Trustor hereby designates the real estate described in the "Designation of Homestead" attached hereto and incorporated herein by this refer- ence. _ n Trustor Trustor Trustor AGRICULTURAL DEED OF TRUST WITH FUTURE ADVANCES THIS DEED OF TRUST, is made as of the 11th day of April xpg 2003 by and among the Trustor, Peters Brothers, Inc. whose mailing address is 109 East I@kb Street, Wood River, NE 68883 (herein " Trustor", whether one or more), the Trustee Fi rGt a Bank whose mailing address is 119 C Street, P.O. Box 639 Shelton, NE 68876 (herein "Trustee "), and the Beneficiary, First State Bank whose mailing address is 119 C Street, P.O. Box 639, Shelton, NE 68876 (herein "Lender"). FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Peters Brothers, Inc. (herein "Borrower," whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property described as follows: The West Half of the Northwest Quarter (Wl /2NW1 /4) of Section Thirty Four(34), Township Eleven (11) North, Range Twelve (12) West of the 6th P.M., Hall County, Nebraska excepting therefrom tracts of land more particularly described in Quitclaim Deed recorded in Book 150, Page 394 and Lot 1 R &R Peters Subdivision. Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per- sonal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equip- ment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, includ- ing replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being referred to herein as the "Property ". NBC 3457F (Agricultural Deed) Rev. 5196 01988 National Bank of Commerce Trust and Savings Association, Lincoln, Nebraska M rri -n = n cn rV M Cn Cn m l t _—D __4 rn CL O p -1 O U) *� N -in L W Q3 W 200306383 CD Ln -v �. CIO o COMPLETE this portion ONLY if the real property described consists of INDIVIDUALLY OWNED AGRICULTURAL LAND If applicable, complete ONLY ONE either A, B, or C: FX A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD: Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property. Trustor, and each them if more than one, hereby disclaims Trustor's right to designate a homestead on said real estate. No part of Trustor's homeste is presently or will in the future be situated upon said real estate. Trustor understands that if Trustor establishes a homestead on a part of said real estate during the time the Deed of Trust remains unsatisfied and a lien upon said real estate, there shall be no right make a designation of homestead in the event of a foreclosure or trustee's sale with respect to said Deed of Trust. B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD: Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property. Trustor, and each of them if more than one, hereby waives Trustor's right to designate a homestead on said real estate. Trustor understands that Trustor has right to make a designation of homestead and that by executing this waiver, Trustor is waiving rights otherwise available for the purpose of affording them the opportunity to retain Trustor's homestead in the event of a default upon the Deed of Trust. ❑ C. DESIGNATION OF HOMESTEAD: Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq. Revised Statutes of the State of Nebraska), Trustor hereby designates the real estate described in the "Designation of Homestead" attached hereto and incorporated herein by this refer- ence. _ n Trustor Trustor Trustor AGRICULTURAL DEED OF TRUST WITH FUTURE ADVANCES THIS DEED OF TRUST, is made as of the 11th day of April xpg 2003 by and among the Trustor, Peters Brothers, Inc. whose mailing address is 109 East I@kb Street, Wood River, NE 68883 (herein " Trustor", whether one or more), the Trustee Fi rGt a Bank whose mailing address is 119 C Street, P.O. Box 639 Shelton, NE 68876 (herein "Trustee "), and the Beneficiary, First State Bank whose mailing address is 119 C Street, P.O. Box 639, Shelton, NE 68876 (herein "Lender"). FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Peters Brothers, Inc. (herein "Borrower," whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property described as follows: The West Half of the Northwest Quarter (Wl /2NW1 /4) of Section Thirty Four(34), Township Eleven (11) North, Range Twelve (12) West of the 6th P.M., Hall County, Nebraska excepting therefrom tracts of land more particularly described in Quitclaim Deed recorded in Book 150, Page 394 and Lot 1 R &R Peters Subdivision. Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per- sonal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equip- ment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, includ- ing replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being referred to herein as the "Property ". NBC 3457F (Agricultural Deed) Rev. 5196 01988 National Bank of Commerce Trust and Savings Association, Lincoln, Nebraska