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<br />200805760 <br /> <br />Loan No. 106751 - jm <br /> <br />NEBRASKA DEED OF TRUST, SECURITY AGREEMENT AND FINANCING STATEMENT <br /> <br />THIS DEED OF TRUST, SECURITY AGREEMENT AND FINANCING STATEMENT <br />("Deed of Trust") is made the 1ST day of JULY, 2008, between D & L RILEY FARMS, L TO; <br />JAMES D. RILEY and SHARON J. RILEY, husband and wife, whose chief executive office or <br />principal residence is 818 S. LINCOLN, SHELTON, NE 68876, hereinafter called "Trustor," and <br />JAMES I. SCHAMBERG of HALL County, Nebraska, a member of the Nebraska State Bar <br />Association, hereinafter called "Trustee," and AXA EQUITABLE LIFE INSURANCE COMPANY, <br />a NEW YORK Corporation, having its principal office and post office address at TWELFTH <br />FLOOR, 1290 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK 10104, hereinafter <br />called "Beneficiary." <br /> <br />WITNESSETH, that the Trustor, for good and valuable consideration, including the debt <br />and trust hereinafter mentioned and created, and the sum of one dollar to him paid by the said <br />Trustee, the receipt and sufficiency of which is hereby acknowledged, does by these presents, <br />irrevocably grant, bargain and sell, convey, assign and confirm unto the said Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject <br />to the terms and condition of the Deed of Trust, the following described real property ("Real <br />Estate") situated in HALL AND BUFFALO COUNTIES, NEBRASKA, to wit: <br /> <br />See attached Exhibit "A", which is incorporated herein by reference. <br /> <br />containing 320 acres, m ore or less. <br /> <br />This DEED OF TRUST is being executed in duplicate to allow for the simultaneous recording in <br />HALL and BUFFALO Counties, NEBRASKA. <br /> <br />TOGETHER WITH (1) all easements, rights-of-way and rights appurtenant to said Real <br />Estate or used in connection therewith or as a means of access thereto; (2) all tenements, <br />hereditaments and appurtenances thereto, including all water, water rights, and drainage rights <br />appertaining thereto; (3) Trustor's interest as lessor in all leases affecting said Real Estate; (4) <br />all buildings, structures, improvements, fixtures, attachments, appliances, equipm ent, machinery <br />and other articles now or hereafter erected on, affixed or attached to, or located in or on said <br />Real Estate which are real property, and all substitutions, replacements, additions and <br />accessions thereof or thereto; (5) all rents, issues, profits, royalties, bonuses, income and other <br />benefits derived from or produced by l\laid Real Estate (subject, however, to the assignment of <br />rents and profits to Beneficiary herein); (6) all right, title, estate, interest, and other claim or <br />demand, including, without limitation, all claims or demands to the proceeds of all insurance <br />now or hereafter in effect with respect to said Real Estate, which Trustor now has or may <br />hereafter acquire in said Real Estate, and all awards made for the taking by condemnation or <br />the power of eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or <br /> <br />5 <br /> <br />InitialV:~ Sf!.- LIC. DI< <br />