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RETURN TO Farm Credit Services of America, PO Box 5080 Alcorn Echo A
<br />PREPARER: Grand Island, NE 68802 (308) X84 -0557
<br />HOMESTEAD DESIGNATION WAIVER
<br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stat. Sections 76 -1901, et. seq. as a preface to the
<br />execution, and as a part of the following Trust Deed, the undersigned Trustor(s) being first duly sworn, elects to Waive the Might to Designate a
<br />Homestead.
<br />I/We understa hat I /we have the right to make a designation of homestead in the following Trust Deed. The execution of this Waiver constitutes a
<br />waiver of rig sot rwise available to me /us for the purpose of affording me /us the opportunity to retain my /our homestead in the event of a default upon
<br />the Trust De d.
<br />t
<br />Jo n K Swigle William F Swigle
<br />Farm Credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF RENTS
<br />Trustor(s):
<br />Joan K Swigle and William F Swigle, wife and husband
<br />Mailing Address:
<br />187 W Rainforth Rd
<br />Doniphan NE 68832
<br />This Trust Deed and Assignment of Rents is made December 31, 2004, by and among the above named Trustor(s) and
<br />AgriBank, FCB, "Trustee," whose mailing address is PO Box 64949, St. Paul, Minnesota 55164 -0940, and Farm Credit
<br />Services of America, FLCA, "Beneficiary," whose mailing address is PO Box 2409, Omaha, NE 68137, in consideration of
<br />the advance by Beneficiary of the principal sum specified below, the receipt of which is hereby acknowledged, Trustor(s)
<br />irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security
<br />of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the
<br />property, located in Hall County(ies), State of Nebraska, and described as follows:
<br />NE1 /4 of Section 28, Township 9 North, Range 9 West of the 6th P.M., Hall County, Nebraska
<br />together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and improvements
<br />now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, profits, and rights
<br />to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may integrally
<br />belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and accoutrements of any
<br />structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to or in any way pertaining to
<br />the property, whether or not specifically described herein; all above and below ground irrigation equipment and accessories; and all leases, permits,
<br />licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or renewed by Trustor(s), any State, the United
<br />States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the "property."
<br />It is understood and agreed between Trustor(s) and Beneficiary that this Trust Deed is given to secure the repayments in full of the following described
<br />obligations, regardless of whether Mortgagor(s) is(are) liable thereon, and all future and additional loans or advances, protective or otherwise, which may
<br />be made by Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), the parties liable under the note(s) or credit agreement(s),
<br />or any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s), credit agreement(s), or other instrument(s)
<br />modifying the same.
<br />Date of Note Principal Amount
<br />T2777202117- 65
<br />08/06/2003 162,000.00
<br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of TWO HUNDRED
<br />TWENTY -SEVEN THOUSAND, ($227,000.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided
<br />further, that THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT
<br />AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Deed will be due January 1. 2035
<br />Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that Trustor(s) has good and lawful authority to deed
<br />and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) will
<br />warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all rights of
<br />dower, homestead, distributive share, and exemption in and to the above described property.
<br />This trust deed secures more than one note. In the event of default under any note, all notes will be considered to be in default and the Beneficiary may
<br />exercise the remedies provided herein in satisfaction of all notes.
<br />Trustor(s) and each of them further covenants and agrees with Beneficiary as follows:
<br />App #: 10278; CIF #: 84686; Note #: 204 220KS Legal Doc. Date: December 31, 2004
<br />FORM 5011, Trust Deed and Assignment of Rents Page 1
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<br />FORM 5011 (8 -2004) 7
<br />RETURN TO Farm Credit Services of America, PO Box 5080 Alcorn Echo A
<br />PREPARER: Grand Island, NE 68802 (308) X84 -0557
<br />HOMESTEAD DESIGNATION WAIVER
<br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, Neb. Rev. Stat. Sections 76 -1901, et. seq. as a preface to the
<br />execution, and as a part of the following Trust Deed, the undersigned Trustor(s) being first duly sworn, elects to Waive the Might to Designate a
<br />Homestead.
<br />I/We understa hat I /we have the right to make a designation of homestead in the following Trust Deed. The execution of this Waiver constitutes a
<br />waiver of rig sot rwise available to me /us for the purpose of affording me /us the opportunity to retain my /our homestead in the event of a default upon
<br />the Trust De d.
<br />t
<br />Jo n K Swigle William F Swigle
<br />Farm Credit Services of America
<br />TRUST DEED AND ASSIGNMENT OF RENTS
<br />Trustor(s):
<br />Joan K Swigle and William F Swigle, wife and husband
<br />Mailing Address:
<br />187 W Rainforth Rd
<br />Doniphan NE 68832
<br />This Trust Deed and Assignment of Rents is made December 31, 2004, by and among the above named Trustor(s) and
<br />AgriBank, FCB, "Trustee," whose mailing address is PO Box 64949, St. Paul, Minnesota 55164 -0940, and Farm Credit
<br />Services of America, FLCA, "Beneficiary," whose mailing address is PO Box 2409, Omaha, NE 68137, in consideration of
<br />the advance by Beneficiary of the principal sum specified below, the receipt of which is hereby acknowledged, Trustor(s)
<br />irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security
<br />of Beneficiary, its successors and assigns, under and subject to the terms and conditions of this Trust Deed, the
<br />property, located in Hall County(ies), State of Nebraska, and described as follows:
<br />NE1 /4 of Section 28, Township 9 North, Range 9 West of the 6th P.M., Hall County, Nebraska
<br />together with all Trustor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, crops, and improvements
<br />now on or hereafter placed upon the property; all appurtenances, water, irrigation, and drainage rights; all rents, issues, uses, income, profits, and rights
<br />to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may integrally
<br />belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and accoutrements of any
<br />structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to or in any way pertaining to
<br />the property, whether or not specifically described herein; all above and below ground irrigation equipment and accessories; and all leases, permits,
<br />licenses, or privileges, appurtenant or nonappurtenant to the property, now or hereafter issued, extended or renewed by Trustor(s), any State, the United
<br />States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the "property."
<br />It is understood and agreed between Trustor(s) and Beneficiary that this Trust Deed is given to secure the repayments in full of the following described
<br />obligations, regardless of whether Mortgagor(s) is(are) liable thereon, and all future and additional loans or advances, protective or otherwise, which may
<br />be made by Beneficiary, at its option, at the request of, and to or for the account of Trustor(s), the parties liable under the note(s) or credit agreement(s),
<br />or any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s), credit agreement(s), or other instrument(s)
<br />modifying the same.
<br />Date of Note Principal Amount
<br />T2777202117- 65
<br />08/06/2003 162,000.00
<br />Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of TWO HUNDRED
<br />TWENTY -SEVEN THOUSAND, ($227,000.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided
<br />further, that THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT
<br />AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED.
<br />This Trust Deed will be due January 1. 2035
<br />Trustor(s) hereby warrants that Trustor(s) holds fee simple title to the above described property, that Trustor(s) has good and lawful authority to deed
<br />and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Trustor(s) will
<br />warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustor(s) also hereby waives and relinquishes all rights of
<br />dower, homestead, distributive share, and exemption in and to the above described property.
<br />This trust deed secures more than one note. In the event of default under any note, all notes will be considered to be in default and the Beneficiary may
<br />exercise the remedies provided herein in satisfaction of all notes.
<br />Trustor(s) and each of them further covenants and agrees with Beneficiary as follows:
<br />App #: 10278; CIF #: 84686; Note #: 204 220KS Legal Doc. Date: December 31, 2004
<br />FORM 5011, Trust Deed and Assignment of Rents Page 1
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