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<br />.. <br /> <br />200701736 <br /> <br />Beginning at the Southwest corner of said NW1/4; thence Northerly, along and upon the West line of <br />said NW1/4, a distance of 680.0 feet; thence deflecting right 89037'15" and running Easterly, parallel <br />with the South line of said NW1/4, a distance of 1,325.0 feet; thence deflecting right 90022'45" and <br />running Southerly, parallel with the West line of said NW1/4, a distance of 680.0 feet to a point on the <br />South line of said NW1/4; thence deflecting right 89037'15" and running Westerly, along and upon the <br />South line of said NW1/4, a distance of 1,325.0 feet to the point of beginning and containing 20.684 <br />acres,more or less, of which 0.515 acres, more or less, is presently occupied by public road right-of- <br />way, except M.G. Subdivision. <br /> <br />together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: <br />all buildings, fixtures, crops, and improvements now on or hereafter placed upon the property; all <br />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 <br />resources; all personal property that may integrally belong to or hereafter become an integral part of the <br />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 <br />hereafter belonging to or in any way pertaining to the property, whether or not specifically described <br />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, <br />extended or renewed by Trustor(s), any State, the United States, or any department, bureau, <br />instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the <br />"property. " <br /> <br />It is understood and agreed between Trustor(s) and Beneficiary that this Trust Deed is given to secure <br />the repayments in full of the following described obligations, regardless of whether Mortgagor(s) is(are) <br />liable thereon, and all future and additional loans or advances, protective or otherwise, which may be <br />made by Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), the parties <br />liable under the note(s) or credit agreement(s), or any of them, for any purpose, plus interest thereon, <br />all payable according to the terms of the note(s), credit agreement(s), or other instrument(s) modifying <br />the same. <br /> <br />Date of Note <br />03/01/2007 <br /> <br />Principal Amount <br />375,000.00 <br /> <br />Provided, however, that the total principal indebtedness outstanding and secured hereby at anyone <br />time will not exceed the sum of THREE HUNDRED SEVENTY-FIVE THOUSAND, ($375.000.00), <br />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 <br />OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL <br />PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br /> <br />This Trust Deed will be due March 1. 2008. <br /> <br />Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that <br />Trustor(s) has good and lawful authority to deed and encumber the same, that the property is free and <br />clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) will warrant <br />and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also <br />hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and <br />to the above described property. <br /> <br />Trustor(s) and each of them further covenants and agrees with Beneficiary as follows: <br /> <br />1. To pay all liens, judgments, or other assessments against the property, and to pay when due all <br />assessments, taxes, rents, fees, or charges upon the property or under any lease, permit, license, or <br />privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public <br />domain. <br />2. To insure and keep insured buildings and other improvements including fixtures and attachments <br />now on or hereafter placed on the property to the s9tisfaction of Beneficiary. Such insurance will be <br />approved by and deposited with Beneficiary, and endorsed with loss payable clause to Beneficiary. <br />Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed <br />improvements or if not so applied may be applied, at the option of Beneficiary, in payment of any <br />indebtedness matured or unmatured secured by this Trust Deed. Such insurance will be in an amount <br />at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the <br />replacement cost of the property, and will at a minimum, cover losses caused by fire, lightning, <br />explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. Trustor(s) <br />will obtain and keep flood insurance in force to cover losses by flood as required by Beneficiary and by <br />the National Flood Insurance Act of 1968, as amended, and by regulations implementing the same. <br />Trustor(s) further agree that Beneficiary is not and will not be liable for any failure by Trustor(s) or by <br />any insurer, for whatever reason, to obtain and keep this insurance in force. <br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on <br />the property occupied and in good repair, maintenance, and condition and to neither commit nor permit <br />any acts of waste or any impairment of the value of the property. Beneficiary may enter upon the <br />property to inspect the same or to perform any acts authorized herein or in the credit agreement(s). <br /> <br />App #: 108757; elF #: 93750; Note #: 101 <br />FORM 5011, Trust Deed and Assignment of Rents <br /> <br />220LS <br /> <br />Legal Doc. Date: March 1, 2007 <br />Page 2 <br />