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200205096
<br />ACKNOWLEDGEMENT OF DEED OF TRUST
<br />TRUSTOR READ THIS BEFORE SIGNING:
<br />Trustor understands that the document that Trustor is about to execute is a Deed of Trust and not a mortgage and that the power
<br />of sale provided for in the Deed of Trust provides substantially different rights and obligations to Trustor than a mortgage in th ee v e sold
<br />t
<br />of a default or breach of obligation under the Deed of Trust, Including, but not limited lo, the Lender's right to have the Property
<br />by the Trustee without any judicial proceeding. Trustor represents and warrants that this acknowledgement was exec
<br />Trustor before the execution of the Deed of Trust.
<br />uted by
<br />ld
<br />o e Upton
<br />T "tor rcy L. Upton
<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 />ff applicable, complete ONLY ONE either A, S. or C:
<br />FIXA. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD:
<br />Trustor acknowledges that Trustor Is about to execute the following Deed of Trust upon the Property. Trustor, and each of them
<br />If more than one, hereby disclaims Trustor's right to designate a homestead on said real estate. No part of Trustor's homestead is
<br />presently or will in the future be situated upon said real estate. Trustor understands that if Trustor
<br />part of said real estate during the time the Deed of Trust remains unsatisfied establishes a homestead on any
<br />, and a lien upon said real estate, there some be no right to
<br />make a designation of homestead In the event of a foreclosure or trustee's sale with respect to said Deed of Trust_
<br />O S. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD:
<br />Trustor acknowledges that Trustor Is about to execute the following Deed of Trust upon the Property. Trustor, and each of them
<br />If more than one, hereby waives Trustor's right to designate a homestead on said real estate. Trustor understands that Trustor has
<br />right to make a designation of homestead and that by executing this waiver, Trustor is waiving rights otherwise available for the
<br />purpose of affording them the opportunity to retain Trustor's homestead in the event of a default upon the Deed of Trust.
<br />O C. DESIGNATION OF HOMESTEAD:
<br />Pursuant to the Farm Homestead Protection Act (Section 76 -1801 at seq. Revised Statutes of the State of Nebraska), Trustor
<br />hereby designates the real estate described to the "Designation of Homestead" attached hereto and incorporated herein by this
<br />reference.
<br />)t/,43 o
<br />Trustor co le M. Upton
<br />stor Percy L. Upton
<br />AGRICULTURAL DEED OF TRUST WITH FUTURE ADVANCES
<br />THIS DEED OF TRUST, Is made as of the _1Otb day o ._.., 2112002. by and among
<br />the Trustor, Nioclle M. Ll rn Md pe= L. y fe and F115trrt
<br />whose mailing address is 2726 St. Ba=z QQW Island, -M 6$803 (herein 'Trustor ", whether one or more),
<br />the Trustee, Earl D. Attorney at Law
<br />whose mailing address is - NorwaeF Jbi ldina. S sSland, 1 (herein 'Trustee "), and
<br />Me Beneficiary,
<br />whose mailing address is 113 -115 North ILa3stip Grand Island NE -01
<br />(herein "Lender'.
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit Identified herein to Nioolle M. g2Lm and
<br />(herein "Borrower," whether one or more) and the trust herein created,
<br />the receipt of which is hereby acknowledged. Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set
<br />forth, the real property, described as follows: Re Southeast Quarter of the Southeast
<br />I�tY -Eight (28).. Tmr- dp 'Tian (10) North, Nine (9) West of the 6th P.M. �I�1 Carty, br Section
<br />DCM= a Tract of land more Fartimlarly described in TnWrra �Yr ska
<br />�y Deed recorded in Bock 146,
<br />and �filt� a tract of land m es
<br />ire particularly described in Book 75, Pane 469. 643
<br />Together with all buildings, improvements, fixtures. streets, alleys, passageways, easements, rights, privileges and appurte.
<br />nances located thereon or in anywise pertaining thereto, and the rents, Issues and profits, reversions and remainders thereof, and
<br />such personal property that Is attached to the improvements so as to constitute a fixture, Including, but not limited lo, heating and
<br />cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all
<br />of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this
<br />Deed of Trust and all of the foregoing being referred to herein as the "Property ".
<br />This Deed of Trust shall &*cure (a) the payment of the principal sum and interest evidenced by a promissory note or credit
<br />agreement dated _ham . .11) 1P -9171112 having a maturity date of -May 10-F 9nn3
<br />in the original principal amount of $— 96,600.00 , and any and all modifications, extensions and renewals
<br />thereof or thereto and any and ail future advances and r nc to o Borrower (or any of them If more than one) hereunder
<br />pursuant to one or more promissory notes or credit agreements (herein called "Nota "); (b) the payment of other sums advanced by
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