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20030832 <br />C m <br />m y v 7 _ <br />5 V' <br />Do not write /tune above t is iris. or ding purposes only. <br />RETURN TO Farri Credit Services of America, P.O. Box 5080 <br />PREPARER: Grand Island, NE 68802 -5080 <br />Kathy Schulte <br />(800)503 -3276 <br />HOMESTEAD DESIGNATION DISCLAIMER <br />FORM 5011 (1 -2003) <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stat. Sections 76 -1901, et. seq., as a preface to the <br />execution, and as a part of the following Trust Deed, the undersigned Trustor(s) being first duly sworn, elects to Disclaim the Right to Designate <br />a Homestead. <br />I /We disclaim the right to designate a homestead on the property described in the following Trust Deed. No part of my /our homestead is presently, <br />or in the future will be, situated upon said real estate. I /We understand that if I /we establish a homestead on any part of the real estate during the <br />time the Trust Deed remains unsatisfied and a lien on the real estate, I /we shall have no right to make a designation of homestead in the event of <br />a Trustee's sale. <br />ejv4zC <br />GLEN D MUHLBACH` I N GALEMUHLBA <br />1C7ffL�HE6E7JfQF{L� .`� /�� . <br />By <br />H, Attorney In Fact for MILDRED E MUHLBACH <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustor(s):� ��• d : �� <br />GLEN D MUHLBACH, A /K /A GLEN DALE MUHLBACH and LINDA GALE MUHLBACH, sib <br />MILDRED E MUHLBACH, single <br />Mailing Address: <br />305 E 5TH STREET <br />GRAND ISLAND NE 68801 -4618 <br />This Trust Deed and Assignment of Rents is made June 30 2003, by and among the above named Trustor(s) and AgriBank, FCB, "Trustee," whose <br />mailing address is PO Box 64949, St. Paul, Minnesota and Farm Credit Services of America FLCA, "Beneficiary," whose mailing <br />address is 5015 S 1 18th St PO Box 2409, Omaha NE 68103 -2409 in consideration of the advance by eneficiary of the principal sum specified <br />below, the receipt o w is is ere y ac now a ge rustor s irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF <br />SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, <br />the property, located in Hall County(ies), State of Nebraska, and described as follows: <br />SW 1/4 of Section 5, Township 11 North, Range 12 West of the 6th P.M., Hall County, <br />Nebraska, EXCEPT W 1/2 SW 1/4 SE 1/4 SW 1/4. <br />together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and <br />improvements 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 possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property <br />that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and <br />accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to <br />or in any way pertaining to the property, whether or not specifically described herein; all above and below ground irrigation equipment and <br />accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or <br />renewed by Trustor(s), any State, the United States, 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 Trustor(s) and Beneficiary that this Trust Deed is given to secure the repayment in full of the following described <br />promissory note(s), and all 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 Trustor(s), or any of them, for any purpose, plus interest thereon, all payable according to the terms <br />of the note(s) or other instrument(s) modifying the same. <br />Date of Note Principal Amount <br />UUT707= <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 50 000.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided furtT <br />that I HIS PAKAGRAPH 5AAff NOT 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 Deed will be due July 01, 2018. <br />Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that Trustor(s) has good and lawful authority to <br />deed and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) <br />will warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all <br />rights of dower, homestead, distributive share, and exemption in and to the above described property. <br />Trustor(s) and each of them further covenants and agrees with Beneficiary as follows: <br />Ap #: 00299042; Primary Customer ID #: 00105122; CIF #: 109611 Legai uoc. uaie: June ov, cvvo <br />FORM 5011, Trust Deed and Assignment of Rents Page 1 <br />N <br />° <br />Cl> (n <br />O <br />• <br />o <br />-� <br />Z <br />M <br />�-i• <br />p <br />M <br />C� <br />O <br />(�p <br />p f1 <br />� <br />W <br />O <br />o <br />L� <br />0 <br />C7 <br />� <br />r <br />y U3 <br />CO <br />M <br />a <br />r D <br />U' <br />U) <br />CJl <br />7C <br />W <br />D <br />N� <br />N <br />CnCD <br />Z. <br />FORM 5011 (1 -2003) <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stat. Sections 76 -1901, et. seq., as a preface to the <br />execution, and as a part of the following Trust Deed, the undersigned Trustor(s) being first duly sworn, elects to Disclaim the Right to Designate <br />a Homestead. <br />I /We disclaim the right to designate a homestead on the property described in the following Trust Deed. No part of my /our homestead is presently, <br />or in the future will be, situated upon said real estate. I /We understand that if I /we establish a homestead on any part of the real estate during the <br />time the Trust Deed remains unsatisfied and a lien on the real estate, I /we shall have no right to make a designation of homestead in the event of <br />a Trustee's sale. <br />ejv4zC <br />GLEN D MUHLBACH` I N GALEMUHLBA <br />1C7ffL�HE6E7JfQF{L� .`� /�� . <br />By <br />H, Attorney In Fact for MILDRED E MUHLBACH <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustor(s):� ��• d : �� <br />GLEN D MUHLBACH, A /K /A GLEN DALE MUHLBACH and LINDA GALE MUHLBACH, sib <br />MILDRED E MUHLBACH, single <br />Mailing Address: <br />305 E 5TH STREET <br />GRAND ISLAND NE 68801 -4618 <br />This Trust Deed and Assignment of Rents is made June 30 2003, by and among the above named Trustor(s) and AgriBank, FCB, "Trustee," whose <br />mailing address is PO Box 64949, St. Paul, Minnesota and Farm Credit Services of America FLCA, "Beneficiary," whose mailing <br />address is 5015 S 1 18th St PO Box 2409, Omaha NE 68103 -2409 in consideration of the advance by eneficiary of the principal sum specified <br />below, the receipt o w is is ere y ac now a ge rustor s irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF <br />SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, <br />the property, located in Hall County(ies), State of Nebraska, and described as follows: <br />SW 1/4 of Section 5, Township 11 North, Range 12 West of the 6th P.M., Hall County, <br />Nebraska, EXCEPT W 1/2 SW 1/4 SE 1/4 SW 1/4. <br />together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and <br />improvements 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 possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property <br />that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and <br />accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to <br />or in any way pertaining to the property, whether or not specifically described herein; all above and below ground irrigation equipment and <br />accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or <br />renewed by Trustor(s), any State, the United States, 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 Trustor(s) and Beneficiary that this Trust Deed is given to secure the repayment in full of the following described <br />promissory note(s), and all 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 Trustor(s), or any of them, for any purpose, plus interest thereon, all payable according to the terms <br />of the note(s) or other instrument(s) modifying the same. <br />Date of Note Principal Amount <br />UUT707= <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 50 000.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided furtT <br />that I HIS PAKAGRAPH 5AAff NOT 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 Deed will be due July 01, 2018. <br />Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that Trustor(s) has good and lawful authority to <br />deed and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) <br />will warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all <br />rights of dower, homestead, distributive share, and exemption in and to the above described property. <br />Trustor(s) and each of them further covenants and agrees with Beneficiary as follows: <br />Ap #: 00299042; Primary Customer ID #: 00105122; CIF #: 109611 Legai uoc. uaie: June ov, cvvo <br />FORM 5011, Trust Deed and Assignment of Rents Page 1 <br />