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Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustorlsl: <br />GLEASON FARMS INC, a Corporation <br />Mailing Address: <br />724 S CAMERON RD <br />WOOD RIVER NE 68883 -9645 <br />This Trust Deed and Assignment of Rents is made September OS 2002, by and armngthe <br />the receipt of whicw elstor(s) irrevocably transfers, conveys and assigns to Trusts <br />for the benefit and security of Beneficiary, its successors and 'assigns, under and subject to the terms a <br />property, located In Hall Countylles), State of Nebraska, and described as follows: <br />NE 1/4 of Section 3, Township 11 N, Range 11 W 6th P.M., Hall County, Nebraska <br />all Trusts <br />now on or <br />and <br />profits, antl rights to possesYmn: all oil, gas, gravel, rock, or other minerals of whatever nature, inclutl1 2 geothermal resources: an personal property <br />that may integrally belong to or hereafter become on Integral part of tM1a real estate whether attached or stashed, inclutling any appurtenances and <br />accoutrements ll any structure or residence secured he ruby. easements and other rigMS and imerests now or at any time hereafter belonging to <br />or In any waY Pertaining to the proper^y, whether or not sped"ally describetl herein; all above antl below ground irngand" equipment and <br />cessdnes; antl all leases, perm tic es, or privileges, appurtenant or nonappurlenant to the property, now or hereafter issued, eMendetl or <br />renewed by Trus to, of any State, the United States, or any department bureau, instrumentality, or agency Nercof. The foregoing is collectively <br />referretl to in this appea nt as the "property ." <br />his understood and agreed between Trustorlsl and Beneficiary that this Trust Deed is given to secure the repayment in full of the following described <br />promissory noldlsl, 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 Trustorlsl, or any of them, for any purpose, plus Interest thereun, all payable according to the terms <br />of the notelsl or other instrumentla) modifying the same. <br />Date Princi a. <br />will not exceed the sum <br />advances authorized be <br />A VANCES IN ANV AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED <br />This Trust Deed will be due February 01, 2007. <br />Trustorls) hereby warrants that Trustorlsl holds fee simple title to the above described property, that Trustorls) has good and lawful authority to <br />dead and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustorls) <br />will warrant and defend the property, at Trustorlsl expense, against all claimants whomsoever. Trustacho also hereby waives and relinquishes all <br />rights of dower, homestead, distributive share, and exemption in and to the above described property. <br />Treaters) and each of them further covenants and agrees with Beneficlary as follows: <br />1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, tees, 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 />n public domain. <br />2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to <br />the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to <br />Beneficary. 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 m unmatured secured by this Trust Deed. Such insurance will be <br />in an amount at least Paul td the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and <br />Trustor(s) will obtain and keep flood insurance in force to cover losses by flood as required by Benenmary and by the national flood insurance net <br />of 1968, as amended, and by regulations implementing the same. Trustorlsl 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 />maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may <br />enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreementls6 <br />4. In the event Trustorlsl fags to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any Insurance on the property, <br />buildings, fixtures, attachments, or Improvements as provided herein or inme, loan agreements), Beneficiary, at its option, may make such payments <br />or provide Insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be <br />inediately due and payable and bear interest at the default rate provided in the totals) from the date of payment until paid. The advancement by <br />Beneficiary of any such amounts will in no manner limit the right of Beneficiary to declare Trustorlsl in default or exercise any of Beneficiary's other <br />rights and remedies. <br />5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust Deed, including any action by Beneficiary to <br />enforce this Trust Deed or any suit In which Beneficiary is named a defendant including condemnation and bankruptcy proceedings) Beneficiary <br />may incur expenses and advance payments for abstract fees, attorneys fees ltd the extent allowed by law), costs, expenses, appraisal fees, and <br />[her charges and any amounts so advanced will become part of the principal Indebtedness secured hereby, he immediately due and payable and <br />bear interest at the default rate provided in the notes) from the date of advance until paid. <br />6. Any awards made to Trustorls) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is <br />hereby authorized to collect and apply the same in payment of any indebtedness, mature or unmatured, secured by this Trust Deed. <br />7. In the event of default in the payment when due of any sums secured hereby (principal, Interest, advancements, or protective advanced. or failure <br />to perform or observe any covenants and conditions contained herein, In the hated), loan agreementlel, or ady other Instruments, or any proceedings <br />Ap N: 00271005; Primary Customer ID B: 00018606: CIF #: 83831 Legal Doc. Date: September 05, 2002 <br />FORM 5011, Trust Deed and Assignment of Hunts Page 1 <br />n <br />n <br />m <br />on <br />On <br />n <br />n z <br />N <br />n <br />x <br />m <br />lm <br />➢ tJ <br />4 <br />Pic <br />c, <br />m <br />ca of <br />N <br />o <br />n <br />. <br />,� <br />px <br />r� <br />n <br />N <br />� <br />m <br />c <br />�o <br />p <br />G <br />o <br />p <br />C17 <br />� <br />Nei <br />3 <br />200209358 <br />�v <br />..L <br />vv <br />r_fl <br />p <br />Q) <br />y <br />N <br />, <br />h <br />Do not <br />wme/type above this line. <br />Sri filing Purposes only, <br />Q-Be"r/ <br />FOFM 5011 is -3pmI <br />Farm Credit Services of America, P.O. <br />Box 5080 <br />Kathy Schulte <br />Grand Island, NE 68802 -5080 <br />18001503 -3276 <br />C <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustorlsl: <br />GLEASON FARMS INC, a Corporation <br />Mailing Address: <br />724 S CAMERON RD <br />WOOD RIVER NE 68883 -9645 <br />This Trust Deed and Assignment of Rents is made September OS 2002, by and armngthe <br />the receipt of whicw elstor(s) irrevocably transfers, conveys and assigns to Trusts <br />for the benefit and security of Beneficiary, its successors and 'assigns, under and subject to the terms a <br />property, located In Hall Countylles), State of Nebraska, and described as follows: <br />NE 1/4 of Section 3, Township 11 N, Range 11 W 6th P.M., Hall County, Nebraska <br />all Trusts <br />now on or <br />and <br />profits, antl rights to possesYmn: all oil, gas, gravel, rock, or other minerals of whatever nature, inclutl1 2 geothermal resources: an personal property <br />that may integrally belong to or hereafter become on Integral part of tM1a real estate whether attached or stashed, inclutling any appurtenances and <br />accoutrements ll any structure or residence secured he ruby. easements and other rigMS and imerests now or at any time hereafter belonging to <br />or In any waY Pertaining to the proper^y, whether or not sped"ally describetl herein; all above antl below ground irngand" equipment and <br />cessdnes; antl all leases, perm tic es, or privileges, appurtenant or nonappurlenant to the property, now or hereafter issued, eMendetl or <br />renewed by Trus to, of any State, the United States, or any department bureau, instrumentality, or agency Nercof. The foregoing is collectively <br />referretl to in this appea nt as the "property ." <br />his understood and agreed between Trustorlsl and Beneficiary that this Trust Deed is given to secure the repayment in full of the following described <br />promissory noldlsl, 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 Trustorlsl, or any of them, for any purpose, plus Interest thereun, all payable according to the terms <br />of the notelsl or other instrumentla) modifying the same. <br />Date Princi a. <br />will not exceed the sum <br />advances authorized be <br />A VANCES IN ANV AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED <br />This Trust Deed will be due February 01, 2007. <br />Trustorls) hereby warrants that Trustorlsl holds fee simple title to the above described property, that Trustorls) has good and lawful authority to <br />dead and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustorls) <br />will warrant and defend the property, at Trustorlsl expense, against all claimants whomsoever. Trustacho also hereby waives and relinquishes all <br />rights of dower, homestead, distributive share, and exemption in and to the above described property. <br />Treaters) and each of them further covenants and agrees with Beneficlary as follows: <br />1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, tees, 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 />n public domain. <br />2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to <br />the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to <br />Beneficary. 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 m unmatured secured by this Trust Deed. Such insurance will be <br />in an amount at least Paul td the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and <br />Trustor(s) will obtain and keep flood insurance in force to cover losses by flood as required by Benenmary and by the national flood insurance net <br />of 1968, as amended, and by regulations implementing the same. Trustorlsl 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 />maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may <br />enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreementls6 <br />4. In the event Trustorlsl fags to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any Insurance on the property, <br />buildings, fixtures, attachments, or Improvements as provided herein or inme, loan agreements), Beneficiary, at its option, may make such payments <br />or provide Insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be <br />inediately due and payable and bear interest at the default rate provided in the totals) from the date of payment until paid. The advancement by <br />Beneficiary of any such amounts will in no manner limit the right of Beneficiary to declare Trustorlsl in default or exercise any of Beneficiary's other <br />rights and remedies. <br />5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust Deed, including any action by Beneficiary to <br />enforce this Trust Deed or any suit In which Beneficiary is named a defendant including condemnation and bankruptcy proceedings) Beneficiary <br />may incur expenses and advance payments for abstract fees, attorneys fees ltd the extent allowed by law), costs, expenses, appraisal fees, and <br />[her charges and any amounts so advanced will become part of the principal Indebtedness secured hereby, he immediately due and payable and <br />bear interest at the default rate provided in the notes) from the date of advance until paid. <br />6. Any awards made to Trustorls) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is <br />hereby authorized to collect and apply the same in payment of any indebtedness, mature or unmatured, secured by this Trust Deed. <br />7. In the event of default in the payment when due of any sums secured hereby (principal, Interest, advancements, or protective advanced. or failure <br />to perform or observe any covenants and conditions contained herein, In the hated), loan agreementlel, or ady other Instruments, or any proceedings <br />Ap N: 00271005; Primary Customer ID B: 00018606: CIF #: 83831 Legal Doc. Date: September 05, 2002 <br />FORM 5011, Trust Deed and Assignment of Hunts Page 1 <br />