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<br /> Do not write/type above this line. For filing purposes only. -
<br /> FORM 5011 <10-2008) ~\J"-.
<br /> RETURN TO Farm Credit Services of America, PO Box 5080 Schulte, Katherine S
<br /> PREPARER: Grand Island, NE 68802 (308) 384w0557 <::>
<br /> HOMESTEAD DESIGNATION WAIVER
<br />
<br />
<br />
<br />
<br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stat.
<br />Sections 76-1901, et. seq., as a preface to the execution, and as a part of the following Trust Deed, the
<br />undersigned Trustor(s) being first duly sworn, elects to Waive the Right to Designate a Homestead.
<br />
<br />l!We understand that I/we have the right to make a designation of homestead in the following Trust
<br />Deed. The execution of this Waiver constitutes a waiver of rights otherwise available to me/us for the
<br />purpose of affording me/us the opportunity to retain my/our homestead in the event of a default upon
<br />the Trust Deed.
<br />
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<br />
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<br />
<br />Farm Credit Services of America
<br />
<br />TRUST DEED AND ASSIGNMENT OF RENTS
<br />
<br />Trustor(s):
<br />Charles E O'Donnell and Patricia W O'Donnell, husband and wife
<br />
<br />Mailing Address:
<br />2902 E Rainforth Rd
<br />Doniphan, NE 68832-9666
<br />
<br />This Trust Deed and Assignment of Rents is made March 17. 2009, by and among the above named
<br />Trustor(s) and AgriBank, FCB, "Trustee," whose mailing address is PO Box64949,St. Paul, Minnesota
<br />55164-0940, and Farm Credit Services of America. FLCA, "Beneficiary," whose mailing address is PO
<br />Box 2409, Omaha, NE 68103, in consideration of the advance by Beneficiary of the principal sum
<br />specified below, the receipt of which is hereby acknowledged, Trustor(s) irrevocably transfers, conveys
<br />and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of
<br />Beneficiary, its successors and assigns, under and subject to the terms and conditions of this
<br />Trust Deed, the property, located in Hall County(ies), State of Nebraska, and described as follows:
<br />
<br />The S1/2 SE1/4 of Section 24, Township 9 North, Range 9 West of the 6th P.M., Hall County, Nebraska
<br />
<br />together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including:
<br />all buildings, fixtures, timber, timber to be cut, crops, and improvements now on or hereafter placed
<br />upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses,
<br />income, profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature,
<br />including geothermal resources; all personal property that may integrally belong to or hereafter become
<br />an integral part of the real estate whether attached or detached, including any appurtenances and
<br />accoutrements of any structure or residence secured hereby; easements and other rights and interests
<br />now or at any time hereafter belonging to or in any way pertaining to the property, whether or not
<br />specifically described herein; all above and below ground irrigation equipment and accessories; and all
<br />leases, permits, licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter
<br />issued, extended or renewed by Trustor(s), any State, the United States, or any department, bureau,
<br />instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the
<br />"property."
<br />
<br />It is understood and agreed between Trustor(s) and Beneficiary that this Trust Deed is given to secure
<br />the repayments in full of the following described obligations, regardless of whether Mortgagor(s) is(are)
<br />liable thereon, and all future and additional loans or advances, protective or otherwise, which may be
<br />made by Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), the parties
<br />liable under the note(s) or credit agreement(s), or any of them, for any purpose, plus interest thereon,
<br />all payable according to the terms of the note(s), credit agreement(s), or other instrument(s) modifying
<br />the same.
<br />
<br />App #: 384040; CIF #: 181857; Note #: 201
<br />FORM 5011, Trust Deed and Assignment of Rents
<br />
<br />220KS
<br />
<br />Legal Doc. Date: March 17,2009
<br />Page 1
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