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r <br />8i- 101093 <br />ACKNOWLEDGEMENT OF DEED OF TRUST <br />BORROWERS READ THIS BEFORE SIGNING: <br />Borrowers (Treaters) understand that the documentthat the Borrowers are about to exaoute is a Dead of Treat and not a mortgage and thatthe Pow erof sale providod <br />for in the Deed of Trust provides substantially different rights and obligations to the Borrowers than a mortgage in the event of a default or breach of obligation under the <br />Deed of Trust, including, but not limited to. the Lender's right to have the Real Property sold by the Trustee without any judicial proceeding or foreclosure. Borrowers <br />rapr00ent <br />and warrant that this acknowledgement was executed by them before the execution of the Deed of Trust. <br />Mary Jea t pff Borrower <br />Borrower <br />teven 0. Stumpff <br />PREFACE TO DEED OF TRUST <br />COMPLETE th4 portion ONLY H Ma real property desedbad consbb of INDIVIDUALLY OWNED AGRICULTURAL LAND. <br />It appbpbls, compMM ONLY ONE slow A, S. or C: <br />(il A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD: - <br />The Borrowers) acknowledge that they are about to execute the following Deed of Trust upon the real estate described therein. The Borrower(s), andeach of them it <br />more than one. do hereby disclaim their right to designate a homestead pursuant thereto No part of the homestead of either of the Borrowers) is presently orw9R in the <br />future be situated upon said real estate. The Borrower(s) understand that if either establishes a homestead on any part of said real estate during the time the Deed of Trust <br />remains unsatisfied and a lien upon said real estate, there shall be no right to make a designation of homestead in the event of a foreclosure or trustees sets with respect to <br />a" Deed of Trust <br />❑ 8 WAIVER OF RIGHT TO DESIGNATE HOMESTEAD: <br />The Borrower(s) acknowledge that they are about to execute the following Deed of T rust +:Pon the real estate described therein. The Borrower[s), and each of them 11 <br />more then one. do hereby wane their right to designate a homestead pursuant thereto The Borroweris) understand that they have the right to make a designation of <br />hdmtsieatl and that by executing this waiver. they are waning rights otherwise oval: able for the purpose of affording [hem the Opportunity to retain (heir homestead in the <br />event of a default upon the Deed of Trust. <br />❑ C. DESIGNATION OF HOMESTEAD: <br />Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq. Revised Statutes of file State of Nebraska), the Borrowers), do hereby designate the rent <br />property described in the "Designation of Homestead- attached hereto and ,oeorporated hare+,• by this reference <br />t <br />Mary �,,4pff Borrower <br />[even 0. St. eprmwer <br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION <br />THIS DEED OF TRUST. Is made as of the 24thdaY or februarjir mg B7 by and among the Trushn, Mary JeaU _ <br />Stuff and - SteKen_0. Stumpff_ _ w,oseman;,,yadd,esss _54G_South..10th_Str., Broken <br />B.—we, the T,Ow- Broken Bow S —bate_ BAnk <br />whosemarhngaddress+s - ._901..South.. D. Box 726.._Broken -Bowl NE_ _ 68822 -... _ Therein- Trustee I. <br />and the serf -firy - _ __Broken Boo State Bank _ <br />whose mading aomessrs _901_ South D, Box 726, Broken Bow. NE ,68822 Iherein"Lender - i <br />FOR VALUABLE CONSIDERATION ,nrlud:ng inei-debtedness, yen =,f,e7^e•s,nara!r,.s± ne—nI feared. the receipt of which is hereby acknowledged. Borrower <br />hereby,frev icably grants transfe,s conveys and assigns to T-slee INTRUST W +'�.tLPOW R OF 5 E t the t anVectlr'y of LendsS. under and se <br />terms end cOnQ,hona heremAtter Sal forth tree real LropertY desc' -,:bed as !Mrowi rye ast Sall Ol Bile Jou tileast ljuarter C'C`��°C =j <br />and the Southeast Quarter of the Northeast Quarter (SE }NE}), Section One (1), Township Nine (9), <br />North, Range Ten (10), West of the 6th P.M., Hall County, Nebraska, excepting therefrom a <br />certain tract of land more particularly described in Warranty Deed Book 135 Page 233 as re- <br />eroded in the office of the Register of Deeds of Hall County, Nebraska, and also excepting <br />a certain tract of land more particularly described in Warranty Deed Book 156, Page 580, as <br />recorded in the office of the Register of Deeds of Hall County, Nebraska, and also excepting, <br />a certain tract of land more particularly described in Warranty Deed Book 177 Page 653 as <br />recorded in the office of the Register of Deeds of Hall County, Nebraska. <br />Together with all buildings, improvements, fixtures streets alleys, passageways easements rights pin - lieges and appurtenances located thereon or-in anywise <br />pertaining thereto and the rents. Issues and profits. reversions and remainders thereof ,nclud•ng but not bm+teo to hea!Ing and coobnq oq..pmem and such personal <br />property that's attached to the Improvements so as to consf It ute a fixture and together wdh Ine nomestead o, marital ,n lerests. I any, which interests are hereby released <br />and, yawed. an of which Including replacements and additions thereto, Is hereby declared to be apart W the real estate secured by the l len Of this Deed of Trust and aft of the <br />foregoing being referred lu ",em as the 'property'- <br />This Deed of Trust shall secure (a) the payment of the principal csum and interest evidenced by Bor,ower s note and or credit agreement dated —9-711--86 <br />__— having a maturity date of __ =..4= tom+. -$L _._ in the prra:, -ai r+:nerpal amount of S _�•S2 �is_(QQQe�Q and any and all f..�. -,.r _..... <br />modification- eftsrvaions and rene'walx lnerenl or thetni_n and any and all fut,.rw advaiva,ae.n.u.d­..-. _ _ _m;I __ __ _ _ <br />agrssmsnls inefsm caned "Note - Ito) the payment of other sums advanced by Lender to protect the secur:Iy et the Note (Li l he performance all covenants and agreement <br />of S."Infre, set thrill harem. And (d) all indebtedness and obligations of Borrower to Lender ffhetne, d -rest indirect, absowle or contingent and whether arising by note, <br />geniality. overoreh or otherwise <br />Borrower to protect the security of this Deed of Trust, covenants and agrees with Lender as tollowrt <br />I el Pay~$of larkno and Interest. Borrower shall promptly pay when due the principal of andinieres ton and an v fees of charges provided in the Notaormlhls <br />ed <br />De of Trust - <br />2 !rift. Sorrower Mine Owns(of ills Property, has the right and authority to ronvey the Probe fly and warrants that the lien cr eated hereby isa first and prior lion on _ <br />the P(oparty, axeapt as may otherwise be list lorth harem, and the execution and debvery of this Dared Of T,usl does flOt violate any conrrnc t or other obligation to which <br />Brlrtolist Is subfec! <br />a Tasee, Aes000msnN. To Pay when due all taxes . special asaessmenb and All Of"' ctiargas against the P,oPerty arid. upon written demand by Lender to pay to <br />Lender such afholrnt U may bar stfhirreof to enable the Lender Io pay Such texas, easesamenl- or Pint' chAlgair as they become due <br />a 'am-/aaaa, In keep the Properly "filed aga,nal damage by fire, hatalds included with- Ina Ism attended coverage And Such other hitards As Lender may <br />repulre M kre+bunit Ae1d wrlh pompanwa ALGA {liable io LelldNl. and Witi� Igaa payahik to 4hn lentltr In rasa of Bus= u•vtar ,y {h pglir tai Itte Lender Is aulhurited to Atl1uS1 <br />coatci Nn4 r -ramp, r.m•tt all cfa, mil tfwreurldar and shall have the opts on Of appiylna at,,,, part of for rnxurinC rI Pr rsc ta+1- f: i In Any iodebtad•ie -s sec 11 halahy and in SUCn Cy <br />mde/ AA ;ender mAy darer mina ::) td Ina Bgr(rlwer to nil uatd 1qf the v1Pei! g, INIM thnn • +! free Po""", " any Ahe, p••'Pnse 0, nbir,' i soh- facl!II i 11, Lender <br />WnntMai Ana(h1}rj dy litre of PIH Deni'rf 1 rust inn thtl li,Il amdunl AeC'urnd herany het „rn auY.h Peymant 9rer ix>a place Any xl.t +l« al,+rr. i,:r llr ol.'aa,f- Iii vidnhlw tree -- snail <br />hot #-at” Vr {xnf{n,na the due date of Any (MymehIA +inner Ina Ntlih nr Cure any,tsifault Ih+rreundar .ie N «rn +rndn+ <br />5 sehob -a H ftpoN area Cw.pbawcs wf h Lars- 9innuwel ,halt k e/r ins P"i —f v , x] -1 a r:gl. <br />- b, +, <br />•'rlp,gya!r >ar.4wt>,:•l: may lva dimar,sMt in dexlr =.lad xnati n «i iUnirnd fir peimH any -v. AxlN i.i.r "i..iy -i ,"<I•I.•nuh- !a•111ally alh,i <br />♦ray r'V kha I'. YY m•nlx !' % r '>Party -i,Ali nn4l bmfRUt sulfNf n. [!: I Any a• r tr nil d, t 1 1 y, f, 1 if <br />3 „y +Seer axis ..'lyrl,d.ar tx,,rna.)t+», +aar,I;;,i an.l arPe,•aaA l,rAn -r. +,i ,n,i••.,iexx ,t .,. t -.a i i n s , r „ «tile <br />