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<br />
<br />
<br />COMPLETE this portion only if the real property described
<br />consists of INDIVIDUALLY OWNED AGRICULTURAL LAND
<br />
<br />
<br />If applicable, complete ONLY ONE either A, B, or C
<br />
<br />[ ] A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD:
<br />Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property.
<br />Trustor, and each of them if more than one, hereby disclaims Trustor's right to designate a homestead on said real estate.
<br />No part of Trustor's homestead is presently or will in the future be situated upon said real estate. Trustor understands that
<br />if Trustor establishes a homestead on any part of said real estate during the time the Deed of Trust remains unsatisfied
<br />and lien upon said real estate, there shall be no right to make a designation of homestead in the event of a foreclosure or
<br />trustee's sale with respect to said Deed of Trust.
<br />
<br />[XX] B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD:
<br />Trustor ackowledges that Trustor is about to execute the following Deed of Trust upon the Property.
<br />Trustor, and each of them if more than one, hereby waives Trustor's right to designate a homestead on said real estate.
<br />Trustor understands that Trustor has right to make a designation of homestead and that by executing this waiver, Trustor
<br />is waiving rights otherwise available for the purpose of affording them the opportunity to retain Trustor's homestead in the
<br />event of a default upon the Deed of Trust.
<br />
<br />[ ] C. DESIGNATION OF HOMESTEAD:
<br />Pursuant to the Farm Homestead Protection Act (Section 76-1901 et seq. Revised Statutes of the State
<br />of Nebraska), Trustor hereby designates the real estate described in the "Designation of Homestead" attached hereto and
<br />
<br />
<br />1i4JZ:;eference
<br />
<br />RICK SCHULTZ -p-- TRUSTOR
<br />
<br />
<br />.jtA~.
<br />I SCHULTZ
<br />
<br />
<br />TRUSTOR
<br />
<br />THIS DEED OF TRUST, is made as of the 15TH day of DECEMBER ,2005, by and among the Trustor,
<br />
<br />RICK SCHULTZ AND JODI SCHULTZ. HUSBAND AND WIFE
<br />
<br />, whose mailing address is
<br />
<br />POBOX 336. CAIRO. NE 68824 (herein "Trustor", whether one or more), the Trustee, FIRST STATE BANK,
<br />whosemailingaddressis119CSTREET.POBOX639.SHELTON.NE 68876 (herein "Trustee"), and the Beneficiary,
<br />
<br />FIRST STATE BANK, whosemailingaddressis119CSTREET.POBOX639.SHELTON.NE 68876 (herein "Lender").
<br />
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br />RICK SCHULTZ AND JODI SCHULTZ. HUSBAND AND WIFE (herein "Borrower," whether one or more) and the
<br />trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys
<br />and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to
<br />the terms and conditions hereinafter set forth, the real property described as follows:
<br />
<br />SEE EXHIBIT "A"
<br />
<br />"DEFAULT SHALL ALSO EXIST IF ANY LOAN PROCEEDS ARE USED FOR A PURPOSE THAT WILL CONTRIBUTE TO EXCESSIVE EROSION OF
<br />HIGHLY ERODIBLE LAND OR TO THE CONVERSION OF WETLAND TO PRODUCE OR TO MAK E POSSIBLE THE PRODUCTION OF AN
<br />AGRICULTURAL COMMODITY, FURTHER EXPLAINED IN 7 CFR PART 1940, SUBPART G, EXHIBIT M."
<br />
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof,
<br />and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and
<br />cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of
<br />which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed
<br />of Trust and all of the foregoing being referred to herein as the "Property".
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