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This Trust Deed and Assignment of Rents is made April 28, 2005, by and among the above named Trustor(s) and <br />AgriBank, FCB, "Trustee," whose mailing address is PO Box 64949, St. Paul, Minnesota 55164 -0940, and Farm Credit <br />Services of America, FLCA, "Beneficiary," whose mailing address is PO Box 2409, Omaha, NE 68137, in consideration of <br />the advance by Beneficiary of the principal sum specified below, the receipt of which is hereby acknowledged, Trustor(s) <br />irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security <br />of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the <br />property, located in Hall County(ies), State of Nebraska, and described as follows: <br />The West Half (W 1/2) of the Southeast Quarter (SE 1/4) of Section Fourteen (14), Township Twelve (12) North, <br />Range Ten (10) West of the 6th P.M., Hall County, Nebraska, excepting a tract more particularly described in <br />Warranty Deed recorded as Document No. 95- 102055 and excepting a tract more particularly described in Warranty <br />Deed recorded as Document No. 95- 102071, <br />together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and improvements <br />now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, profits, and rights <br />to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may integrally <br />belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and accoutrements of any <br />structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to or in any way pertaining to <br />the property, whether or not specifically described herein; all above and below ground irrigation equipment and accessories; and all leases, permits, <br />licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or renewed by Trustor(s), any State, the United <br />States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively 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 repayments in full of the following described <br />obligations, regardless of whether Mortgagor(s) is(are) liable thereon, and all future and additional loans or advances, protective or otherwise, which may <br />be made by Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), the parties liable under the note(s) or credit agreement(s), <br />or any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s), credit agreement(s), or other instrument(s) <br />modifying the same. <br />Date of Note Principal Amount <br />U4779707- 74,1 uu.uu <br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of SEVENTY -FOUR <br />THOUSAND ONE HUNDRED, ($74.100.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided <br />further, that THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT <br />AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br />This Trust Deed will be due May 1, 2020. <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 deed <br />and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) will <br />warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all rights of <br />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 />App #: 23580; CIF #: 70392; Note #: 203 220TB Legal Doc. Date: April 28, 2005 <br />FORM 5011, Trust Deed and Assignment of Rents Page 1 <br />n <br />rrr tr>t <br />n = ... <br />c> v. <br />o --4 c� <br />n d 9C :'� <br />i% <br />� ry <br />--'1 <br />rn n •, <br />,� •1_ <br />Ul <br />-r rT.1 <br />W <br />� � Fri <br />e <br />r+'r <br />r <br />� <br />co <br />CZD <br />Z <br />U) Crl <br />O <br />CIO <br />- <br />Do not writeltype above this line. For filing purposes only. <br />f1 <br />FORM 5011 (8 -2004) <br />RETURN TO Farm Credit Services of America, PO Box 5080 Alcorn Echo A <br />PREPARER: Grand Island, NE 68802 (308) X84 -0557 <br />/a•s v <br />HOMESTEAD DESIGNATION DISCLAIMER <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stat. Sections 76 -1901 <br />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 <br />Disclaim the %ight to Designate a <br />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, or in <br />the future will be, s�uated upon said real estate. INWe understand that if I /we establish a homestead on any part of the real estate during the time the <br />Trust Deed remains un fied and a lien on t real state, I/we shall have no right to ke a designation of homeste in the vent of a Trustee's <br />sale._.— ,. <br />C-� <br />Thomas M Atki Lind J Atkins <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustor(s): <br />Thomas M Atkins Sr, A/K/A Thomas Atkins and Linda J Atkins, husband and wife <br />Mailing Address: <br />4323 S North Rd <br />Grand Island NE 68803 -9655 <br />This Trust Deed and Assignment of Rents is made April 28, 2005, by and among the above named Trustor(s) and <br />AgriBank, FCB, "Trustee," whose mailing address is PO Box 64949, St. Paul, Minnesota 55164 -0940, and Farm Credit <br />Services of America, FLCA, "Beneficiary," whose mailing address is PO Box 2409, Omaha, NE 68137, in consideration of <br />the advance by Beneficiary of the principal sum specified below, the receipt of which is hereby acknowledged, Trustor(s) <br />irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security <br />of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the <br />property, located in Hall County(ies), State of Nebraska, and described as follows: <br />The West Half (W 1/2) of the Southeast Quarter (SE 1/4) of Section Fourteen (14), Township Twelve (12) North, <br />Range Ten (10) West of the 6th P.M., Hall County, Nebraska, excepting a tract more particularly described in <br />Warranty Deed recorded as Document No. 95- 102055 and excepting a tract more particularly described in Warranty <br />Deed recorded as Document No. 95- 102071, <br />together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and improvements <br />now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, profits, and rights <br />to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may integrally <br />belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and accoutrements of any <br />structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to or in any way pertaining to <br />the property, whether or not specifically described herein; all above and below ground irrigation equipment and accessories; and all leases, permits, <br />licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or renewed by Trustor(s), any State, the United <br />States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively 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 repayments in full of the following described <br />obligations, regardless of whether Mortgagor(s) is(are) liable thereon, and all future and additional loans or advances, protective or otherwise, which may <br />be made by Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), the parties liable under the note(s) or credit agreement(s), <br />or any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s), credit agreement(s), or other instrument(s) <br />modifying the same. <br />Date of Note Principal Amount <br />U4779707- 74,1 uu.uu <br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of SEVENTY -FOUR <br />THOUSAND ONE HUNDRED, ($74.100.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided <br />further, that THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT <br />AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br />This Trust Deed will be due May 1, 2020. <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 deed <br />and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) will <br />warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all rights of <br />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 />App #: 23580; CIF #: 70392; Note #: 203 220TB Legal Doc. Date: April 28, 2005 <br />FORM 5011, Trust Deed and Assignment of Rents Page 1 <br />