|
Oa not wrineu se above this fine. For fiear purposes only.
<br />"oh. 1.11 la -xeeq
<br />RETURN TO Farm Credit Services of America, P.O. Be. 5080 Kathy Schulte
<br />PREPARER: Grand Island NE 68802 -5080 (8001503 -32]6
<br />HOMESTEAD DESIGNATION DISCLAIMER
<br />" accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Star. Sections 78 -1901, et, seq., as a preface to the
<br />execution, and as apart of the following Trust Deed, the undersigned Trustorls) being first duly sworn, elects to Disclaim the Right to Designate
<br />a Homestead.
<br />INJe 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 ha, 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 alien 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 />Farm Credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF RENTS
<br />Trustor(s):
<br />THE ROHWER FAMILY LIMITED PARTNERSHIP, a Limited Partnership
<br />Mailing Address:
<br />16404 PASADENA CIRCLE
<br />OMAHA NE 68130 -2122
<br />This Trust Deed and Assignment of Rents is made Au u�st 15 2002 by and among the above named Traslurlsl and AgArmince. FCB. "Trustee,"
<br />whose mailing address is PO Box TAP DR, Spokane, as iW h'ngton 99220 -4005, and Farm Credit Services of America FLCA, "Beneficiary," whose
<br />mailing address is 206 S 19th Street, Omaha NE 68102-1745 in consideration of the advance by onebcmry a the principal sum sVcoined below,
<br />the receipt of which is terT'Tkn a ge roster s arevocably transfers, ronveys antl assigns to Trustee, IN TRUST, WITH POWER OF SALE,
<br />for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms antl conditions of this Trust Deed, the
<br />property, located In Hall C.unlydri State of Nebraska, and desert had as follows:
<br />W 1/2 of Section 26, Township 11 N, Range 11 W 6th P.M.
<br />together with all Trustorls right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and
<br />improvements now on or hereafter rlacod upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, Issues, uses, income,
<br />profits, antl rights to possession; all il, yes, gravel, rock, or other minerals of whatever nature, Including gge thermal resources; all personal property
<br />Nat may integrally belong to or hereafter become an'mtegral part of the real estate whether also had or tle[achod including any appurtenances and
<br />accoutrements of any structure or residence securetl hereby; easements and other rights antl interests now or at any time hereafter be
<br />lung" to
<br />any way pertaining to the property, whether or not specifically described herein; all above and below ground irngation equipment and
<br />accesc.ries; nd all leases, permits, licenses, or privileges, appurtenant or nnnap herein to the property, w or hereafter issued, extended or
<br />renewed by Trus[orlsl, any State, the United States, or any department, bureau, strumentality, or agency thereof. The foregoing is soll act ivia
<br />referred to in this document as the "property."
<br />It Is understood and agreed between Trustorls) and Beneficiary thatthis Trust Deed is given to secure the re ayment in full of the following described
<br />promissory neardid, and all future and additional loans or advances, protective or otherwise, which may �e made by Beneficiary, at its option, at
<br />the request .f, and to .r for the account of Tm storlal, or any of them, for any purpose, plus Interest thereon, all payable according to the terms
<br />of the note(s) or other iustrumem(s) modifying the same.
<br />Date Note Princi a
<br />Provided, however, that the total ppOrinOci al indebtedness outstanding and secured hereby at any one time will not exceed the sum of TWO HUNDRED
<br />FIFTY THOUSAND D01.1 ARS IS 250 000.00) exr.lusive of interest and protective advances authorized herein or in the loan agreements grout e
<br />further, that APH 311 —L O 1 CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT
<br />AI ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Dead yywill be due December 01 2017.
<br />Ton anld h.renher the same at Tr uj corad holds fee simple title to the above described property, that Trustor(s) has good antl lawful authority to
<br />will warrant and or the the t property Is free and clear of all liens and encumbranres, exram encumbrances of record, and that Trustorls)
<br />property. at Trustorls) 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 />Trustodid 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 Benadine y as additional security to this Trust Dead including those in or
<br />on pub m
<br />lic tloain.
<br />2. po insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the properly to
<br />the satisfaction of Beneficiary. Such Insurance will be approved by an deposited with Beneficiary, and endorsed with lass payable clause to
<br />Beneficiary. Any sums so received by Beneficiary may be used to pay for 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 unmalured secured by this Trust Deed. 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 a minimum, sever losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail.
<br />Trustorls) will obtain and keep flood Insurance in force t. cover losses by flood as required by Beneficiary and by the National Flood Insurance Act
<br />of 1968, as amended, and by regulations implementing the same. Trustorls) further agree that Beneficiary is not and will not be liable for any failure
<br />by Trustorls) or by any insurer, for whatever reason, to obtain and keep this insurance in force.
<br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair,
<br />Ad #: 00268498; Primary Customer ID #: 00100962; CIF #: 104225 Legal Doc. Date: August 15, 2002
<br />FORM 5011, Trust Deed and Assigumcnt of Rents Page 1
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<br />Oa not wrineu se above this fine. For fiear purposes only.
<br />"oh. 1.11 la -xeeq
<br />RETURN TO Farm Credit Services of America, P.O. Be. 5080 Kathy Schulte
<br />PREPARER: Grand Island NE 68802 -5080 (8001503 -32]6
<br />HOMESTEAD DESIGNATION DISCLAIMER
<br />" accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Star. Sections 78 -1901, et, seq., as a preface to the
<br />execution, and as apart of the following Trust Deed, the undersigned Trustorls) being first duly sworn, elects to Disclaim the Right to Designate
<br />a Homestead.
<br />INJe 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 ha, 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 alien 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 />Farm Credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF RENTS
<br />Trustor(s):
<br />THE ROHWER FAMILY LIMITED PARTNERSHIP, a Limited Partnership
<br />Mailing Address:
<br />16404 PASADENA CIRCLE
<br />OMAHA NE 68130 -2122
<br />This Trust Deed and Assignment of Rents is made Au u�st 15 2002 by and among the above named Traslurlsl and AgArmince. FCB. "Trustee,"
<br />whose mailing address is PO Box TAP DR, Spokane, as iW h'ngton 99220 -4005, and Farm Credit Services of America FLCA, "Beneficiary," whose
<br />mailing address is 206 S 19th Street, Omaha NE 68102-1745 in consideration of the advance by onebcmry a the principal sum sVcoined below,
<br />the receipt of which is terT'Tkn a ge roster s arevocably transfers, ronveys antl assigns to Trustee, IN TRUST, WITH POWER OF SALE,
<br />for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms antl conditions of this Trust Deed, the
<br />property, located In Hall C.unlydri State of Nebraska, and desert had as follows:
<br />W 1/2 of Section 26, Township 11 N, Range 11 W 6th P.M.
<br />together with all Trustorls right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and
<br />improvements now on or hereafter rlacod upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, Issues, uses, income,
<br />profits, antl rights to possession; all il, yes, gravel, rock, or other minerals of whatever nature, Including gge thermal resources; all personal property
<br />Nat may integrally belong to or hereafter become an'mtegral part of the real estate whether also had or tle[achod including any appurtenances and
<br />accoutrements of any structure or residence securetl hereby; easements and other rights antl interests now or at any time hereafter be
<br />lung" to
<br />any way pertaining to the property, whether or not specifically described herein; all above and below ground irngation equipment and
<br />accesc.ries; nd all leases, permits, licenses, or privileges, appurtenant or nnnap herein to the property, w or hereafter issued, extended or
<br />renewed by Trus[orlsl, any State, the United States, or any department, bureau, strumentality, or agency thereof. The foregoing is soll act ivia
<br />referred to in this document as the "property."
<br />It Is understood and agreed between Trustorls) and Beneficiary thatthis Trust Deed is given to secure the re ayment in full of the following described
<br />promissory neardid, and all future and additional loans or advances, protective or otherwise, which may �e made by Beneficiary, at its option, at
<br />the request .f, and to .r for the account of Tm storlal, or any of them, for any purpose, plus Interest thereon, all payable according to the terms
<br />of the note(s) or other iustrumem(s) modifying the same.
<br />Date Note Princi a
<br />Provided, however, that the total ppOrinOci al indebtedness outstanding and secured hereby at any one time will not exceed the sum of TWO HUNDRED
<br />FIFTY THOUSAND D01.1 ARS IS 250 000.00) exr.lusive of interest and protective advances authorized herein or in the loan agreements grout e
<br />further, that APH 311 —L O 1 CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT
<br />AI ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Dead yywill be due December 01 2017.
<br />Ton anld h.renher the same at Tr uj corad holds fee simple title to the above described property, that Trustor(s) has good antl lawful authority to
<br />will warrant and or the the t property Is free and clear of all liens and encumbranres, exram encumbrances of record, and that Trustorls)
<br />property. at Trustorls) 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 />Trustodid 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 Benadine y as additional security to this Trust Dead including those in or
<br />on pub m
<br />lic tloain.
<br />2. po insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the properly to
<br />the satisfaction of Beneficiary. Such Insurance will be approved by an deposited with Beneficiary, and endorsed with lass payable clause to
<br />Beneficiary. Any sums so received by Beneficiary may be used to pay for 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 unmalured secured by this Trust Deed. 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 a minimum, sever losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail.
<br />Trustorls) will obtain and keep flood Insurance in force t. cover losses by flood as required by Beneficiary and by the National Flood Insurance Act
<br />of 1968, as amended, and by regulations implementing the same. Trustorls) further agree that Beneficiary is not and will not be liable for any failure
<br />by Trustorls) or by any insurer, for whatever reason, to obtain and keep this insurance in force.
<br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair,
<br />Ad #: 00268498; Primary Customer ID #: 00100962; CIF #: 104225 Legal Doc. Date: August 15, 2002
<br />FORM 5011, Trust Deed and Assigumcnt of Rents Page 1
<br />
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