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<br />TRUSTOR'S WRITTEN ACKNOWLEDGMENT 85-- 004 MJ 53
<br />Delbert G. Stueven and Julie A. Stueven, husband and wife,
<br />The undersigned, hereby certify and acknowledge that, before signing and
<br />executing the below o us , y e and sign this Written Acknowledgment and, by virtue hereof, the
<br />undersigned understand, and understood before signing said Deed of Trust, that said Dead of Trust is a Trust Deed
<br />and not a mortgage and that the power of sale provided in said Deed of Trust provides substantially different
<br />rights and obiigations to the undersigned than a mortgage in the event of a default or breach of obligation under
<br />the sold Trust Deed, including, but not limited to, the Beneficiary's right to have the Real Property sold by the
<br />Trustee without any judicial proceeding or foreclosure. The undersigned represent and warrant that this Written
<br />Acknowledgment was executed by them before the execution of the Trust Deed. This Written Acknowledgment is
<br />as a preface to sn ade a part of the below Deed of Trust.
<br />'77 ^ n
<br />Dplhprt G_ S *erpven_ TRUSTOR 'Julie A. Stueven TRUSTOR
<br />TRUSTOR
<br />NEBRASKA DEED OF TRUST
<br />TRUSTOR
<br />THIS DEED OF TRUST, made this 1st day of Au U I A.D. 1985 by and
<br />between Delbert G - - � an an wife
<br />,F
<br />and Tamps T_ Shamher¢
<br />hereinafter called "Trustee ",
<br />County, Nebraska,
<br />6 STATES
<br />a
<br />Corporation, having its principal office and post office address at 1285 Avenue of Americas,
<br />New York, New York, 10019 , hereinafter called "Beneficiary ";
<br />WITNESSETH, That the Trustor, for good and valuable consideration, including the debt and trust hereinafter
<br />mentioned and created, and the sum of one dollar to film paid by the said Trustee, the receipt and sufficiency of
<br />which is hereby acknowledged, does by these presents, irrevocably grant, bargain and sell, convey, assign and
<br />confirm unto the said Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under
<br />and subject to the terms and condition ofat isw�d of Trust, the following described real property situated
<br />County, In Hal l y.
<br />The Southwest Quarter (SW4) of Section Six (6), Township Twelve (12) North, Rama Eleven
<br />(11) west of the 6th P.M., Hall Country, Nebraska, and the .Northwest Quarter (NW,,) of
<br />Section Eighteen (18) in Township "Twelve (12) North, Range Eleven (11) West of the 6th
<br />P.M, in Hall. County, Nebraska, more fully described on Exhibit A attached hereto and made
<br />a part hereof,
<br />containing 285.79 acres, more or less.
<br />TOGETHER with and including all and signular the tenements, hereditaments, appurtenances and privileges
<br />thereunto belonging or in anywise appertaining, whether now or hereafter acquired, which shall include, wl +hout
<br />limiting the generality of the foregoing, the following:
<br />A11 of the rents, Issues and profits, Including all rents, royalties, bonuses and benefits under any
<br />existing or future oil, gas or mineral or other leases; all easements and rights of way; ail rights of
<br />homestead and homestead exemption and any surviving spouse's marital or distributive share, and all
<br />other contingent rights in and to said premises; all water, rater rights, whether riparian,
<br />appropriative or otherwise and whether or not appurtenant, all ditch rights, and any shares of stock
<br />evidencing any such rater or ditch right; and
<br />All fixtures, Improvements, buildings, and the plumbing, heating, ventilating and fighting systems and
<br />equipment therein; all barn equipment; and all pumps, pumping stations, motors, engines, machinery,
<br />reservoirs, pipes, flumes, fences, and other machinery or equipment, except tractors, used for the
<br />production of water on said premises or for the irrigation or drainage thereof, all of which shell be
<br />construed and considered as affixed to and part of the real estate.
<br />All of tiro foregoing estate, property and interest hereby conveyed to the said Trustee is hereinafter
<br />collectively referred to as the "Property ".
<br />TO HAVE AND TO HOLD the same unto the said Trustee, his successors and assigns, forever, IN TRUST HOWFVFR and
<br />WITH POWER OF SALE hereby expressly granted unto the said Trustee, his successors, and assigns for the purpose of
<br />securing;
<br />(a) T a�Ywent f Tru tow's just indebtedness to Beneficiary In the principal sum
<br />of One Hunarred IVlnet}t T%Ousan� Dollars (S 190 2 000.00 > for money borrowed, with Interest
<br />t eon, • as ev y en n s r ct accordance with erms 07 that certain promissory note, hereinafter
<br />called the "Note ", bearing even date herewith made payable to the order of Beneficiary, executed by
<br />e G Stu van 6 Tulle A. Stueven,husband and wife, and providing for the peyinenToT_Wd
<br />s s s, s or r c due an pays —7'uZy 1, 7.995 subject to
<br />acceleration of maturity on default In the paYment of any ins a men o pr nc paT or T ei rnsf or In the
<br />performance of any covenant, agreement or warranty contained In this Deed of Trust;
<br />(b) The performance of each agreement, covenant and warranty of Trustor herein contained or set forth In +he
<br />Note or any agreement or instrument executed by Trustor In connection with the Indeb +edness hereby secured; and
<br />(e) the payment of any sum or suns of money with Interest thereon which may be hereafter paid or advance-d
<br />under the terms of this I),ed of Trust.
<br />NOW, THEREFORE, TO RROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor does for himself and for Trustor'%
<br />heirs, rpresentatl ws, vendees, successors and assigns, the owners of said Property, hereby expressly ro vnnnnt.
<br />agree and warrant to and with the Trustee and Beneficiary, and their successors, vendee% and asslnns:
<br />pay FIsIsy. Tnot the Trustor heraDy covenants and agrees, to the extent permitted by l.w, ns follows: (n) t"
<br />t}esdp.+r Trustwt«enb'luetfi +he pr
<br />protpifiy(pa(y before other "axes, ep ��sment% to, lint ,tt t .er1.+rsr Imp"'ar hyfhaw
<br />upc^ th® pro"ity, the trustor's interest therein, or upun this ? '! ,e rr„s. •!•r• f ems. r, ♦ f ef, however,
<br />es,aT In the ave,nt .,f mny ,. hange of the f;tw pw,wldinq for the ta+nf., - 4 1e 1.. ,r .. .en t +e •: fhr' ^!•v ce ur v,,
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