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<br /> <br /> <br />HOMESTEAD DESIGNATION WAIVER . <br />-.... <br /> <br />~. <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stat. Sec- C> <:::' <br />tions 76-1901, et. seq., as a preface to the execution, and as a part of the following Trust Deed, the under- <br />signed Trustor(s) being first duly sworn, elects to Waive the Right to Designate a Homestead. <br /> <br />I understand that I have the right to make a designation of homestead in the following Trust Deed. The <br />execution of this Waiver constitutes a waiver of rights otherwise available to me for the purpose of afford- <br />ing me the opportunity toretain my homestead in the event of a d~faylt upon the Trust Deed. <br /> <br />~4\ia) <br />~) CI. rI <br />~ Jean A. Spiehs <br /> <br />DEED OF TRUST WITH FUTURE ADVANCES <br /> <br />This DEED OF TRUST is made this 4th day of January, 2007, by and among Jean A. Spiehs, in- <br />dividual, hereinafter referred to as "Trustor," whether one or more, whose mailing address is 1260 N NE <br />HWY 11, Wood River, NE, 68883; PATHWAY BANK, a Nebraska Banking Corporation, hereinaf- <br />ter referred to as "Trustee," whose mailing address is Box 428, Cairo, Nebraska 68824; and <br />P A THW A Y BANK, a Nebraska Banking Corporation, hereinafter referred to as "Beneficiary," <br />whose mailing address is Box 428, Cairo, Nebraska 68824. <br />For valuable consideration, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, in <br />trust, with power of sale, for the benefit and security of Beneficiary, under and subject to the terms and <br />conditions of this Deed of Trust, the following described real property located in HALL County, Ne- <br />braska: <br /> <br />The Southeast Quarter (SE1I4) of Section Seven (7), Township Eleven (11) North, Range Eleven (11) West of the 6th <br />P.M., in Hall County, Nebraska excepting a certain tract more particularly described in Survivorship Warranty Deed <br />recorded as Document No. 92-107046 and a certain tract more particularly described Quit Claim Deed recorded as <br />Document No. 92-107382, and <br /> <br />A tract of land in the Northeast corner of the Northeast Quarter (NEl/4) of Section 13, Township 11 North, Range 12, <br />West of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Commencing at a point on the <br />Section line 50.0 feet west of the Northeast corner of said Section, thence west on the Section line at a distance of 409.4 <br />feet; thence Southerly and parallel to the Section line on the East side of said Section a distance of 266.0 feet; thence <br />easterly and parallel to the north Section line of said Section a distance of 409.4 feet; thence northerly parallel to and <br />50.0 feet distant from the East Section line of said Section a distance of 266.0 feet to the point of beginning and contain- <br />ing 2.50 acres, more or less, and <br /> <br />A tract of land 58 rods square in the southeast corner of the Northeast Quarter of Section 13, Township 11 North, <br />Range 12, West of the 6th P.M., Hall County, Nebraska <br /> <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, ptivi- <br />leges and appurtenances located thereon, and all personal property that may be or hereafter become an in- <br />tegral part of such buildings and improvements, all crops raised thereon, and all water rights, all of which, <br />including replacements and additions thereto, are hereby declared to be a part of the real estate conveyed <br />in trust hereby, it being agreed that all of the foregoing shall be hereinafter referred to as the "Property." <br /> <br />FOR THE PURPOSE OF SECURING: <br /> <br />a. Payment of indebtedness evidenced by Trustors' note of even date herewith in the principal sum of <br />$550,000.00, together with interest at the rate or rates provided therein, and any and all renewals, modifi- <br />cations and extensions of such note, both principal and interest on the note being payable in accordance <br />with the terms set forth therein, which by this reference is hereby made a part hereof; and any and all <br />