<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 />
|