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D 2 87- 106696 ACKNOWLEDGEMENT OF DEED OF TRUST BORROWERS READ THIS BEFORE SIGNING Borrowsrs (Trusto m s) understand that the docuent that the Borrowers are about loexecute is is Dead of Trust and not a mortgage and that the power of sale provided for in the Deed of Trust provides substantially different rights and obligations to the Borrowers than a mortgage in the event of a data uIt or breach of ob!igation under the Deed of Trust, including, but not limited to, the Lenders right to have the Real Property sold by the Trustee without any judicial proceeding or foreclosure. Borrowers reprint and warrant that this acknowledgement was executed by them before the execution of the Deey,of Trust. I � 3 Marlin D. Hartig ry A. PREFACE TO DEED OF COMPLETE the portion ONLY it the reel property described consists of INDIVIDUALLY OWNED AGRICULTURAL LAND. It applicable. complete ONLY ONE !titer A. B, or C: ❑ A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD: The Borrowers) acknowledge that they are about to execute the following Deed of Trust upon the real estate described therein. The Borrower(s). and each of them if more than one. do hereby disclaim their right to designate a homestead pursuant thereto No part of the homestead of either of the Borrower(s) is presently or will in the future be situated upon said real estate. The Borrowers) understand that it either establishes a homestead on any part of said real estate during the time the Deed of Trust 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 trustee's sale with respect to said Deed of Trust ❑ B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD: The Borroweris) acknowledge that they are about to execute the following Deed of Trust upon the real estate described therein. The Borrower(s). and each of them if more than one, do hereby waive their right to designate a homestead pursuant thereto The Borrower(s; understand that they have the right to make a designation of 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 m the event of a default upon the Deed of Trust. _ ❑ C DESIGNATION OF HOMESTEAD: Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq Revised Statutes of the State of Nebraska). the Borrower(s). do hereby designate the real Property described in the "Designation Of Homestead attached hereto and incorporated herein by this reference NOT APPLICABLE Borrower Borrower DEED OF TRUST WITH FUTURE ADVANCES PROVISION THIS DEED OF TRUST is made as I the 16 aav of November 19 8 .. by ana amon g me Trust., Marl in-D_------- --- Hart.ig -. and . Mary__A._ Hartig whose ma:linq address,s Bison Meadows i...Doniphan,_ .NE - --- ___ --_ (herein Borrower) theTrus!ee Michael J., Murphy -,_. Attorney .-- -at __LaSY-------- _-- - - - - -- whose mailing addressrs Suite_ 200, York State, Bank Bldg, ._,___Yorkr._NE 684-6-7_.._.___ __.therein °Trustee"). andthe Beneliciary. Otis A. Gartner and Janet L.. Gartner whose mailing address is _- _4- 0 -Edison - Avenue, York., -. NE- _68467.. _.._....._ ._ - -_.. therein -Lender) FOR VALUABLE CONSIDERATION. includmq Ine :ndebtedness :denbfied herein ana trust herein created me receipt of whirr, is hereby acknowledged. Borrower hereby irrevocably grants. transfers. conveys and assigns to Trustee INTRUST WITH POWER OF SALE for rnr! benefit and Security of Lender, under and subject to the terms and co.d.tions hereinafter set forth. the real properly des—bed as follows Lot Thirty -one, Bison Meadows Subdivision one, of Lots 14 thru 21 inclusive and the South One Half of Walt Avenue adjacent to Lot 14, Village of Doniphan, Hall County, Nebraska Together with all buildings. improvements fixtures, streets. alleys. passageways easements rights privileges and appurtenances located thereon or in anywise pertaining thereto, and the rents. issues and profits. reversions and remainders thereof . including . but not !smiled to heating and cooling equipment and such personal property that is attached to the improvements so as to constitute a bxtut e. and together with the homestead or marilal interests. of any which interests are hereby released and waived. all of which. Including replacements and additions thereto. is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being referred to herein as the "property' This Deed of Trust shall secure (al the payment of the principal sum and interest ewdenced by Borrower s note and or credit agreement dated NoveMb -9 r 36 r 19 84ving a maturity date of . Demand Note _ in the original principal amount of s 2D1000-100 --- and any and all modifications. extensions and renewals thereof or thereto and any and at future advances and readvances hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note ) (b) the payment of other sums advanced by Lender to protect the security of the Note (C) the performance all covenants and agreement of Borrower set forth herein. and tell all indebtedness and obligations of Borrower to Lender whether direct indnect absolute or Contingent ana whether arising by note, guaranty, overdraft or otherwise Borrower. to protect the security of this Deed of Trust. covenants and agrees with Lentler as follows 7. Payment of PrMetpaland Interest. Borrower shah promptly pay when due the principal of and, hierest on and any fees or Charges provided in the NOteorinthrs Deed of Trust. 2. Tice. Borrower is the ownerafthe Property. has the right and authority to convey the Property and warrants that the lien created hereby is a last and prior lien on L the properly. except as may otherwise beset forth herein. and the execuboh and delivery of this Deed of Trust does not violate any contract or other obligation to which Borrower M subject 3 Teaes, Assarressaines. To pay when due ail taxes. special assessments and a:i other Charges against the Properly and upon written demand by Lender to pay to Lender such amourii a\ may be 8uftitr @n! to enable the Lentler to pay such taxes. assessments or other charges as they become due 4. htaa cress. To keep the Property insured against damage by tire, hazards incivaPd within the term extended Coverage . and such other hazards as Lender may ragY+ + @, :n \mOUnPS \rid widi LOmpanrea lLt: @ptabte to Lender. and —m iaSs payable to the Lerder "w Case o! !oiS under Such Policies. the Lender s ai.ihoeiled to ail;,,,! Cra1RC1 dnd Lgmproms3., ]34 Lidema tn.reYndel \rid Shalt hA'.e tit@ aQtign Cll.Cpiyi ^.g ].� e: part 01 tfiP •n SUrant P prJC»Pd S ( i h] a n y mdehrPdness Sec vied hereby and'n Si,C h order m te wrtTrout a .,!ong In. Inn ;>1 f s D-4 elf T51,., the!ull amount secured hereby b.fnra Such paym _-I eve, roo4 r An• : : :..f ! .r,. nix or p '..v its 1:: bled :'esS Shwa nor extend of postpone fwn it—dale or any cs.v hf, under the Not. or Cure anv del. it tner.under :>, nr•re:;nder 5 **so" and Comphonc. with Laws. Borrower 'h.n hasp !ha Pwperiv a ) -r,7 .i :. <r l .. .. , r i comet v "'ra +piu_r• any ,- Its",.nxpttf which may rte damaged o,, dea!roy @d. Ana' or 'd Jr per's"" any wa9!P (lr de'P.rit'a <t{ifr c - anY41 !n ,, 1"uponty8 ? \ii:'tC. -Ist. xulcer p @rmlShyai :!tot?- d,rrei ^.:r .� r -.r rr,ili r ri.,x• _ it . -e ..rise <nl •:•r .r 4ha+l pay sired n°:pk ?b 1�9.r!i$rr�Ys. del Bri..,we v. i5'is r, +.p S'd.ii..!l4 r3-,r..elsi rCifs ii;d ._ h;r,q,e.:eveI