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ACKNOWLEDGEMENT OF DEED OF TRUST <br />�DIp10Wpq READ TIRi KFGRE INOIMIa <br />87- -103689 <br />Nrrowen (Trustors) understand tliat the document that the Borrowerssre about to execute is a Doed of Trust and note mortgage and that Ihepowa rots" provided <br />for it the Deed of Trunk provides substantially different rights end Obligations to the Borrowers than a mortgage in the event of a default or breach of obligation under the <br />Deed of Trust, mcktding, but not limited to. the Lender's right to have the heal Property sold by the Tnnte s without any judicial proceeding or foreclosure. Borrowers <br />rgxesent sod warrant that Mb acknowledgement was executed by thorn before the execution Clark e Trust. ` @rte Sani tati Inc. <br />B V\ <br />eorrowm Preaiden <br />Sec.r Trees. <br />PREFACE TO DEED OF TRUST <br />COMPLETE Slks Portlen ONLY R the no propaAy rl/acrIMd condab of INDIVIDUALLY OWNED AGRICULTURAL LAND. <br />R applicable, eompteta ONLY ONE ether A, S, or C: <br />O A. ONCLAWN OF MGM TO OESIGNATE HOMESTEAD: <br />The Borrower(s) acknowledge that they are about to execute the tot I owl ng Deed of Trust upon the real estates flaxen bad theram. The Borrower($), and each of them of <br />more than one. do hereby disclaim their right to designate a homestead pursuant thereto. No part of the homestead of either of the Borrower (a) is presently or will 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 unsshstled 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 trustee's little with respect to <br />said Deed of Trust <br />El B. WAWER 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 Iherem.'rhe Beirrower(s). And each of them d <br />more then one, do hereby waive their right to designate a homestead pursuant thereto The Borrower(sl understand that they have the right to make a designation of <br />homestead and that by executing this waiver. they are waiving rights otherwise available for the purpose of affording them the opportunity to retain their homestead in the <br />event of a default upon the Deed of Trust. <br />O C DeSNMIATilN oF H)MESTEAD: <br />Pursuant to the Farm Homestead Protection Act ISection 76 -1901 of also Revised Statutes or the State of Nebraska). the Borrower(s)• do hereby designate the real <br />property daacribed in the "Designation of Homestead' attached hereto and incorporated herein by this reference <br />Borrower <br />Bonower <br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION <br />THIS DEED OF TRUST s made as of tna15 thlay u! June ... 19 $-7 by ants among the Trustor ._Cla's's Brothera <br />_S Aniltation,__Inc.�__A Nebraska Corp. w „sri „ailingaddr @ss„ P.O. Box 2092, Grand Island, <br />NE 68802 William G. Blackburn, Attorney <br />..._..�_..,��_.__. Infirm. Borrower orroer I the Trustee .. .. <br />whose makng address i6 .P-0---Box -2280, Grand Island,- 111E 688,02 . _.._ _._ -- ___tnarain`Trust” ). <br />amftreBereefieery...F,1Y$. Pointe 8$nk <br />whwsrre =hfg adtlreaa sa ._ -_p•Q• BOX 1507, Grand island, NE 6$$02 (herein "Lander"). <br />FOR VALUABLE CONSIDERATION.:nclud . ng ire indebretlnass idenhhed narem and!rust nerem created . the receipt of which is hereby acknowledged, Borrower <br />ttexebytftevoeably grants transfers conveys and ass,gns to Trustee IN TRUST WITI+ POWER OF SALE for the benefit and security of Lender. under and subject to the <br />Wins and conditions neremaf er set fore n, the real propefy, d"cf,bed as !ofloviis <br />"See Attached Exhibit A” <br />Together with all buildings. improvements, lixtures, streets. alleys, passageways. easements, rights. privileges and appurtenances located thereon or in anywise <br />pertaining thendo, amt the rants, isams antl Profits, reversions and remainders tnereo:. including, but not limited to. heating and cooling equipment and such personal <br />propertytru is attached to tie improvements w as to constitute a fixture. and together with the homestead or marital interests, if any. which Interests are hereby released <br />and waved'. at of which, inetut1mg replacements and additions thereto. 1, herehy declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the <br />fartaticift Defeo referred to herein as the 'propeerly''. <br />.—This Deed Cof�TTrust aieN secure (a) the payment of the principal sum and interest evidenced by 8orrowers note ands of credit agreement dated _. ___._____.___. <br />date of 6�15�$9 _ -_ , in the originet P!mcipa' amou t of $ 501 000 • 00 ... are any and sit <br />` atiOntt. and renewals tMraeN a thafstd and any lino air' future advancos and readvaaces hereunder pursuant to one or more promissory notes or credit <br />(terser GaaW °NOM "'1.10)tne payment of tithe sumpadv�nced by Lendertoprotecl the "scurfy of the NOte:ICl the performance aft covenants and agreement <br />of set f" rerain. and (d) all indebtedne ss and obligations of Borrower to Lender whether direct, indirect. absolute or contingent and whether arising by not.. <br />, overdraft or otherwise. <br />� fildnewer, to p+olect the security of this Deed of Trust. covenants and agrees with Lender as foliows <br />I Fayawo"p 110, aadlnionoL Befrowef shall promptly paywhen due the principal of and interest on. and any lessor charges provided in. the Note orin this <br />Deed of Trust,.. <br />2. TW Savviest istheowf+er of the Property. has tits, right and authority to convey the Property. and warrants that the lion created hereby is A first and prior hen on <br />the as" oviverafted basalt forth hQtern, and the execution and delivery of this Deed of Trust does not violate any contract or other obligation to which <br />flay" Aw is <br />3. Tow, AtleNaMlw.. To pay wren rhea ea lased, special Qsollsoments And alt other charges against the Property and, upon wnttan demand by Lender, to pay to <br />an may be airfivarld W finabdo 01e #.anon to pay such INA40, Qnts of other charges as they become due <br />4. MMfPMp, Ty keep Also Property intend by fire, naiafda Included within the term - 'QrtfQnded Coverage". and such other heralds as Lender may <br />,'m aim w"n c !CC to Lander. and with toss payable to tree Lender. In caste rif loss under such policies, the Lender is authorized to adjust. <br />tin .4acMsaMt anfl aha) the" the ophdrt of applying all of par t of themaurance proceeds o) to anylndebrpdness%@cured heeebi, and in such . <br />so Lander may pro, fire to the fsatruwe+tobe used for the repair of rastoralion at the Property or I'll) for any Whirr pulp—, o1 ,heed sahsfac tolY Ill Lander <br />w tide teen ref mN I?f Tfi,wl.tlrot Eta tV}a asnduirl seCUr�hQfebY /d'e Stith payrrsnl ay4r idixk plaC@ AnY Apt >IICAIi,nnol proconds to ariuent@d iiass shplt <br />t?!13t � few Qua of At!y PayirMitla nrraet ilia aerie. W t,•ere any tfetault Iher @unit @P eN' heri..urutar <br />`I s Melwn ono Aep*wo and WAM Lows, B shw, kep the Piole"ll o 9-l'i . rnpa. Any <br />-tremensinerif raft -ce, f y to or oysaf afro" floe Comm:, lit pe"'lt any wears w deto"ohit1w. lit tit@ P I fly. sr' a y 1 a 'n t la I;s!` s L stanl!a y ar't's`: <br />any der'- fy. i"14" feA!t1.- 'If•.,prin Iany art tour' ate inol yipgn the PCpe,1, i ii rte laG.n oI Ally law.( Pdissahtn, ,leQtaah ai. antl <br />1k It f'ld'Pd�1hA9': B6NV3k a'Qr at'.esl laWde'lgye:lNO aj$ bons av'tfidrntY: #fM•44 end fill g— Levied lmprrCNFt rvi arse.^i'Sa.l fya i•Wr 3hn P,iry»nril i',i Any patitheievhr <br />