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L TRUSTOR'S WRITTEN ACKNOWLEDGMENT 85-- 004963 The undersigned,gp�l Ranch & FArms. i�geeby certify and acknowledge that, before signing and executing the below Deee OTrUS , y ree and sign this Written Acknowledgment and, by virtue hereof, the undersigned understand, and understood before signing said Deed of Trust, that said Deed of Trust Is a Trust Deed and not a mortgage and that the power of sale provided In said Deed of Trust provides substantially different rights and obligations to the undersigned than a mortgage In the event of a default or breach of obligation under the said Trust Deed, including, but not limited to, the Beneficiary's right to have the Real Property sold by the Trustee without any judicial proceeding or foreclosure. The undersigned represent and warrant that this Written Acknowledgment was executed by them before the execution of the Trust Deed. This Written Acknowledgment Is appended as a preface to and made a ptrt of the below Deed of t. D IS RA & FARM NC., TRUSTOR U Fi, TRUSTOR President xilon w TRUSTOR , TRUSTOR NEBRASKA DEED OF TRUST THIS DEED OF TRUST, made this 27th day of August A.D. 1985 by and between Davis Ranch & Farms, Inc. of oun y of a and State of a ras a hereinafter called rus or , and James I.S am eria of Ha County, Nebraska, hereinafter called "Trustee ", and ME EQ ITABLE LIFE ASS URANCE SOCIETY OF THE MUTED STATES a Corporation, having Its principal office and post office address at 1285 Avenue of Americas, New York, New York 10019 hereinafter called "Beneficiary "; WITNESSETH, That the Trustor, for good and valuable consideration, including the debt and trust hereinafter mentioned and created, and the sum of one dollar to him paid by the said Trustee, the receipt and sufficiency of which is hereby acknowledged, does by these presents, irrevocably grant, bargain and sell, convey, assign and confirm unto the said Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and condition of this Deed of Trust, the following described real property situated In Hall County, Nebraska, to -wit: The East Half of the Northwest Quarter (E2NW'4) and the Northeast Quarter (NE's) of Section Twenty -nine (29), Township Ten (10) North, Range Twelve (12) West of the 6th P.M. in Hall County, Nebraska, excepting therefrom a certain tract of land more particularly described on Exhibit A attached hereto. containing 218.76 acres, more o, less. TOGETHER with and including all and signular the tenements, hereditaments, appurtenances and privi;eoes thereunto belonging or In anywise appertaining, whether now or hereafter acquired, which shall Include, without limiting the generality of the foregoing, the following: All of the rents, Issues and profits, Including all rents, royalties, bonuses and benefits under any existing or future oil, gas or mineral or other leases; all easements and rights of way; all rights of homestead and homestead exemption and any surviving spouse's marital or distributive share, and all other contingent rights in and to said premises; all water, water rights, whether ricarlan, appropriative or otherwise and whether or not appurtenant, all ditch rights, and any shares of stock evidencing any such water or ditch right; and All fixtures, improvements, buildings, and the plumbing, heating, ventilating and lighting systems and equipment therein; all barn equipment, and all pumps, pumping stations, motors, engines, machinery, reservoirs, pipes, flumes, fences, and other machinery or equipment, except tractors, used for the production of water on said premises or for the irrigation or drainage thereof, all of which shalt be construed and considered as affixed to and pert of the real estate. All of the foregoing estate, property and interest hereby conveyed lo the said Trustee is hereinafter collectively referred to as the "Property ". TO HAVE AND TO HOLD the same unto the said Trustee, his successors and assigns, forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly granted unto the said Trustee, his successors, and assigns for the purpose of securing: (a) The payment of Trustor's just indebtedness to Beneficiary In the principal sum of Two Hundred FMl: Thousand Dollars (1 240 000.00 l for money borrowed, with interest thereon, a as ev nce y an n strict accordance w arms of at certain promissory note, hereinafter called the "Note ", bearing even date herewith made payable to the order of Beneficiary, executed by Davis Ranch & Farms. Inc and providing for the paymen n sa 1lwebreaftess n ns elTn�si Tes"f` w c s ue ana pays a anuary 1 1989 , subject to acceleration of maturity on default in the payment of any ins a men o pr nc pe or T"e esf or In the performance of any covenant, agreement or warranty contained In this Deed of Trust; (b) The performance of each agreement, covenant and warranty of Trustor herein contained nr set forth In that Note or any agreement or Instrument executed by Trustor in connection with the Indebtedness hereby secured; and (c) The payment of any sum or sums of money with Interest thereon which may be hereafter paid or advanced under the terms of this Deed of Trust. WA, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor does for himself and for Trustor's Heirs, representatives, vendees, successors and assigns, the Owners of said Property, herebv expressly ':^venanf, &7 *0 and warrant to and with the Trustee and Beneficiary, and their successors, vendans and assic"s: FIRST: !hat the Trustur Nwoby covenants and agrees, to the extent permlt•erf ;,v 'aw, ns folio "5: la7 +n paYpr by when due the principal and Interest and r,ther sums ,,fnnr.!ty pr,:v!.. +ni •n in 'iota e •his 1.1aed of Trust; 'bi to prpnptBy pay before delinquency all taxes, Issnssw�nte ^v law upon I" Pr- ve,ty, the 'rust or's In YetreS} thnrHl n, or wbG •hi,: rl.eo, of r45• ,, „ ;.re, that ,r. fha event ,.:f any r.hengry of th® law provldin for the fa..nr �� , .,, �.i • * avar, 7 n{ till ,1