200504318 - Laserfiche WebLink

Browse

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 a waiver of rights otherwise available to me /us for the purpose of ff rdi me /us the opportunity to retain my /our homestead in the event of a default upon the Trust Deed. amie �AHadenfe dt Heather D Hadenfeldt Farm Credit Services of America TRUST DEED AND ASSIGNMENT OF RENTS Trustor(s): Jamie A Hadenfeldt and Heather D Hadenfeldt, husband and wife Mailing Address: PO Box 486 Cairo NE 68824 -0486 This Trust Deed and Assignment of Rents is made May- 9, 2005, by and among the above named Trustor(s) and AgriBank, FCB, "Trustee," whose mailing address is PO Box 64949, St. Paul, Minnesota 55164 -0940, and Farm Credit Services of America, PC A, "Beneficiary," whose mailing address is PO Box 2409, Omaha, NE 68137, in consideration of the advance by Beneficiary of the principal sum specified below, the receipt of which is hereby acknowledged, Trustor(s) irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the property, located in Hall County(ies), State of Nebraska, and described as follows: The South Half of the Northwest Quarter (S 1/2 NW 1/4) of Section Thirty -Two (32), Township Twelve (12) North, Range Twelve (12) West of the 6th P.M., Hall County, Nebraska. together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and improvements now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and accoutrements of any 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 the property, whether or not specifically described herein; all above and below ground irrigation equipment and accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or renewed by Trustor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the "property." 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 obligations, regardless of whether Mortgagor(s) is(are) liable thereon, and all future and additional loans or advances, protective or otherwise, which may 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), 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) modifying the same. Date of Note Principal Amount U5ro9/ZUU5— Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of SEVENTY -NINE THOUSAND, ($79,000.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided further, that THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. This Trust Deed will be due . 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 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 warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and to the above described property. Trustor(s) and each of them further covenants and agrees with Beneficiary as follows: 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 the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public domain. 2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to Beneficiary. App #: 27090; CIF #: 116938; Note #: 102 220TB Legal Doc. Date: May 9, 2005 FORM 5011, Trust Deed and Assignment of Rents Page 1 w' �.. rn = m a N .�.■ r» n � _A r1 C7 .... rV ,.4 CT1 . C:7 I� _ m tL 60 C) cn CIO f 1� c� F� C_n .} W Cn co Z Cn p -- Do not write/type above this line. For filing purposes only. FORM 5011 (8 -2004) RETURN TO Farm Credit Services of America, PO Box 5080 Bolander Teresa L PREPARER: Grand Island, NE 68802 (308) 384 -0557 c-= HOMESTEAD DESIGNATION WAIVER 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 �J execution, and as a part of the following Trust Deed, the undersigned Trustor(s) being first duly sworn, elects to Waive the Might to Designate a Homestead. 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 a waiver of rights otherwise available to me /us for the purpose of ff rdi me /us the opportunity to retain my /our homestead in the event of a default upon the Trust Deed. amie �AHadenfe dt Heather D Hadenfeldt Farm Credit Services of America TRUST DEED AND ASSIGNMENT OF RENTS Trustor(s): Jamie A Hadenfeldt and Heather D Hadenfeldt, husband and wife Mailing Address: PO Box 486 Cairo NE 68824 -0486 This Trust Deed and Assignment of Rents is made May- 9, 2005, by and among the above named Trustor(s) and AgriBank, FCB, "Trustee," whose mailing address is PO Box 64949, St. Paul, Minnesota 55164 -0940, and Farm Credit Services of America, PC A, "Beneficiary," whose mailing address is PO Box 2409, Omaha, NE 68137, in consideration of the advance by Beneficiary of the principal sum specified below, the receipt of which is hereby acknowledged, Trustor(s) irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the property, located in Hall County(ies), State of Nebraska, and described as follows: The South Half of the Northwest Quarter (S 1/2 NW 1/4) of Section Thirty -Two (32), Township Twelve (12) North, Range Twelve (12) West of the 6th P.M., Hall County, Nebraska. together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and improvements now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and accoutrements of any 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 the property, whether or not specifically described herein; all above and below ground irrigation equipment and accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or renewed by Trustor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the "property." 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 obligations, regardless of whether Mortgagor(s) is(are) liable thereon, and all future and additional loans or advances, protective or otherwise, which may 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), 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) modifying the same. Date of Note Principal Amount U5ro9/ZUU5— Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of SEVENTY -NINE THOUSAND, ($79,000.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided further, that THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. This Trust Deed will be due . 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 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 warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and to the above described property. Trustor(s) and each of them further covenants and agrees with Beneficiary as follows: 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 the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public domain. 2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to Beneficiary. App #: 27090; CIF #: 116938; Note #: 102 220TB Legal Doc. Date: May 9, 2005 FORM 5011, Trust Deed and Assignment of Rents Page 1