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<br />200801965
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<br />& I CATTLE COMPANY, Richard l Hartman and Kenneth A Kohlhof (Borrower) to lender, with a loan
<br />amount of $210,000.00 and maturing on March 5,2023.
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<br />B. All Debts. All present and future debts from C & I CATTLE COMPANY, Richard l Hartman and Kenneth A
<br />Kohlhof to lender, even if this Security Instrument is not specifically referenced, or if the future debt is
<br />unrelated to or of a different type than this debt. If more than one person signs this Security Instrument,
<br />each agrees that it will secure debts incurred either individually or with others who may not sign this
<br />Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or
<br />future loans or advances. Any such commitment must be in writing. In the event that lender fails to
<br />provide any required notice of the right of rescission, lender waives any subsequent security interest in the
<br />Grantor's principal dwelling that is created by this Security Instrument. This Security Instrument will not
<br />secure any debt for which a non-possessory, non-purchase money security interest is created in "household
<br />goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and
<br />deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is
<br />created in "margin stock" and lender does not obtain a "statement of purpose," as defined and required by
<br />federal law governing securities.
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<br />C. Sums Advanced. All sums advanced and expenses incurred by lender under the terms of this Security
<br />Instrument.
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<br />4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in
<br />accordance with the terms of the Secured Debts and this Security Instrument.
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<br />5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by
<br />this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust,
<br />with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of
<br />record.
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<br />6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or
<br />other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees:
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<br />A. To make all payments when due and to perform or comply with all covenants.
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<br />B. To promptly deliver to lender any notices that Grantor receives from the holder.
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<br />C. Not to allow any modification or extension of, nor to request any future advances under any note or
<br />agreement secured by the lien document without lender's prior written consent.
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<br />7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments,
<br />ground rents, utilities, and other charges relating to the Property when due. lender may require Grantor to
<br />provide to lender copies of all notices that such amounts are due and the receipts evidencing Grantor's
<br />payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security
<br />Instrument. Grantor agrees to assign to lender, as requested by lender, any rights, claims or defenses Grantor
<br />may have against parties who supply labor or materials to maintain or improve the Property.
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<br />8. DUE ON SALE OR ENCUMBRANCE. lender may, at its option, declare the entire balance of the Secured
<br />Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien,
<br />encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed
<br />by federal law (12 C.F.R. 591), as applicable.
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<br />9. TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person (such as
<br />a corporation or other organization), lender may demand immediate payment if:
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<br />A. A beneficial interest in Grantor is sold or transferred.
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<br />B. There is a change in either the identity or number of members of a partnership or similar entity.
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<br />C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar
<br />entity.
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<br />However, lender may not demand payment in the above situations if it is prohibited by law as of the date of
<br />this Security Instrument.
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<br />10. WARRANTIES AND REPRESENTATIONS. Grantor makes to lender the following warranties and
<br />representations which will continue as long as this Security Instrument is in effect:
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<br />A. Power. Grantor is duly organized, and validly existing and in good standing in all jurisdictions in which
<br />Grantor operates. Grantor has the power and authority to enter into this transaction and to carryon
<br />Grantor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each
<br />jurisdiction in which Grantor operates.
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<br />B. Authority. The execution, delivery and performance of this Security Instrument and the obligation
<br />evidenced by this Security Instrument are within Grantor's powers, have been duly authorized, have received
<br />all necessary governmental approval, will not violate any provision of law, or order of court or governmental
<br />agency, and will not violate any agreement to which Grantor is a party or to which Grantor is or any of
<br />Grantor's property is subject.
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<br />C. Name and Place of Business. Other than previously disclosed in writing to lender, Grantor has not
<br />changed Grantor's name or principal place of business within the last 10 years and has not used any other
<br />trade or fictitious name. Without lender's prior written consent, Grantor does not and will not use any other
<br />name and will preserve Grantor's existing name, trade names and franchises.
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<br />11. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good
<br />condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste,
<br />impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses.
<br />Grantor agrees that the nature of the occupancy and use will not substantially change without lender's prior
<br />written consent. Grantor will not permit any change in any license, restrictive covenan~ or,e.alielT)~Qt without
<br />lender's prior written consent. Grantor will notify lender of all demands, proceedings,claims;' and actions
<br />against Grantor, and of any loss or damage to the Property.
<br />c & I CATTLE COMPANY
<br />Nebraska Deed Of Trllst
<br />NE/4XXXXXARM70195.00005993012030508Y "'1996 Bankers Systems, Inc., St. Cloud, MN ~ Page 2
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