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M C1 n rM <br />ro cc, <br />M c o —{ rn p <br />CD <br />pti r f1 <br />Cil <br />M C012 <br />rn r W C <br />A C) 0I <br />r <br />N <br />' rn Cn COD n <br />2-0021312i <br />Do not write /type above this line. for filing purposes only. L <br />FORM 5011 (6 -2001) <br />RETURN TO Farm Credit Services of America, P.O. Box 5080 Kathy Schulte <br />PREPARER: Grand Island, NE 68802 -5080 (800)503 -3276 <br />HOMESTEAD DESIGNATION WAIVER <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 Waive the Right to Designate a <br />Homestead. <br />I /We understand that I /we have the right to make a designation of homestead in the following Trust Deed. The execution of this Waiver constitutes <br />a waiver of rights otherwise available to me /us for the purpose of affording me /us the opportunity to retain my /our homestead in the event of a <br />default upon the Trust Deed. <br />.1 �f .�t r <br />Jtici <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustor(s): <br />IRVIN D SKRDLANT and MARJORIE G SKRDLANT, husband and wife <br />Mailing Address: <br />PO BOX 383 <br />DONIPHAN NE 68832 -0383 <br />This Trust Deed and Assignment of Rents is made November 25 2002, by and among the above named Trustor(s) and AgAmerica, FCB, "Trustee," <br />whose mailing address is PO Box TAF -05, Spokane, Washington 20 -4005, and Farm Credit Services of America FLCA, "Beneficiary," whose <br />mailing address is 5015 S 1 18th St; PO Box 2409, Omaha, NE 68103 -2409 in consideration o t e a vance y ene iciary of the principal sum <br />specified below, the receipt of which is hereby acknowledged, Trustorls) irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of <br />this Trust Deed, the property, located in Hall County(ies), State of Nebraska, and described as follows: <br />Lot One (1) Losee Subdivision, Hall County, Nebraska <br />NW1 /4 of Section 26, Township 9 North, Range 10 West of the 6th P.M., Hall County, <br />Nebraska excepting therefrom Lot One (1), Losee Subdivision, Hall County, Nebraska. <br />NE1 /4 NW 1 /4 & S1 /2 NW 1 /4 NW 1 /4 of Section 14, Township 9 North, Range 10 West of the <br />6th P.M., Hall County, Nebraska. <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 Prince a14m0 un <br />11/ <br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of TWO HUNDRED <br />SIXTY -SIX THOUSAND DOLLARS ($ 266 000.00), exclusive of interest and protective advances authorized herein or in the loan agreements ; <br />provided further, that RNOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY <br />AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br />This Trust Deed will be due March 01, 2022. <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 />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 />Ap #: 00278703; Primary Customer ID #: 00102421; CIF #: 38388 Legal Doc. Date: November 25, 2002 <br />FORM 5011, Trust Deed and Assignment of Rents Page 1 <br />