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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 DISCLAIMER <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 Disclaim the Might to Designate a <br />Homestead. <br />I/We disclaim the right to designate a homestead on the property described in the following Trust Deed. No part of my /our homestead is presently, or in \ <br />the future will be, situated upon said real estate. I/We understand that if I /we establish a homestead on any part of the real estate during the time the <br />Trust Deed remains unsatisfied and a lien on the real estate, I /we shall have no right to make a designation of homestead in the event of a Trustee's <br />sale. A <br />Marvin G Welty Alice M elty <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustor(s): <br />Marvin G Welty, A/K/A Marvin Welty and Alice M Welty, A/K/A Alice Marie Welty, husband and wife <br />Mailing Address: <br />8863 N 130th Rd <br />Cairo NE 68824 <br />This Trust Deed and Assignment of Rents is made January 21, 2005, 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 />. A tract of land being part of the South Half of the Northwest Quarter (S1 /2NW1 /4) and <br />part of the North Half of the Southwest Quarter (N1 /2SW1/4) of Section Five (5), Township Twelve (12) <br />North, Range Eleven (11) West of the Sixth Principal Meridian, Hall County, Nebraska, more <br />particularly described as follows: Referring to the Northwest corner of Government Lot 4 of Section <br />5 and assuming the West line of Government Lot 4 and the West line of South Half of the Northwest <br />Quarter of Section 5 as bearing S 00° 01' 25" W and all bearings contained herein are relative thereto; <br />thence S 00° 01' 25" W and on the West line of Government Lot 4 and the West line of South Half of the <br />Northwest Quarter of said Section 5, a distance of 1640.74 feet to the ACTUAL PLACE OF BEGINNING, <br />said place of beginning being on the South line of the North 100 acres of the Northwest Quarter of said <br />Section 5; thence continuing S 00° OF 25" W and on the West line of the South Half of the Northwest <br />Quarter of said Section 5 a distance of 82034 feet to the Southwest Corner of the Northwest Quarter <br />of said Section 5; thence S 00° 01' 11" W and on the West line of the North Half of the Southwest Quarter <br />of said Section 5, a distance of 206.0 feet; thence S 89° 36' 53" E a distance of 66.0 feet; thence N 89° 47' <br />06" E a distance of 1796.89 feet; thence N 69° 42' 41" E a distance of 95.98 feet; thence N 56° 39' 25" E a <br />distance of 341.76 feet; thence N 43° 11' 43" E a distance of 324.04 feet; thence N 31° 19' 49" E adistance <br />of 350.65 feet; thence N 87° 21' 08" E a distance of 30.15 feet to a point on the East line of the South Half <br />of the Northwest Quarter of said Section 5; thence N 00° 32' 34" W and on the East line of the South Half <br />of the Northwest Quarter of said Section 5 a distance of 262.26 feet to a point on the South line of the <br />North 100 acres of the Northwest Quarter of said Section 5; thence S 89° 59' 23" W on the South line of <br />the North 100 acres of the Northwest Quarter of said Section 5 and parallel with the North line of <br />Government Lot 3 and the North line of Government Lot 4 of said Section 5 a distance of 2669.76 feet <br />to the place of beginning Excepting a certain tract more particularly described as Lot One (1), Marvin <br />Welty Subdivision, 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 />App #: 11932; CIF #: 126602; Note #: 202 220KN Legal Doc. Date: January 21, 2005 <br />FORM 5011, Trust Deed and Assignment of Rents Page 1 <br />;v <br />rn <br />C <br />= <br />rn C w <br />n cn <br />rn <br />Z <br />=� <br />n <br />M <br />> <br />M <br />--+ m <br />o <br />Cn <br />�r <br />7C <br />Z <br />o <br />s <br />(D -TI <br />o }s <br />cn w <br />m <br />v cil <br />0 <br />Q <br />o <br />--3 <br />r— .v <br />Cn <br />r— --- <br />o <br />CD <br />rn <br />n <br />co <br />C <br />Z <br />O <br />Do not write/type above this line. For filing purposes only. <br />FORM <br />5011 (8 -2004) <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 DISCLAIMER <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 Disclaim the Might to Designate a <br />Homestead. <br />I/We disclaim the right to designate a homestead on the property described in the following Trust Deed. No part of my /our homestead is presently, or in \ <br />the future will be, situated upon said real estate. I/We understand that if I /we establish a homestead on any part of the real estate during the time the <br />Trust Deed remains unsatisfied and a lien on the real estate, I /we shall have no right to make a designation of homestead in the event of a Trustee's <br />sale. A <br />Marvin G Welty Alice M elty <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustor(s): <br />Marvin G Welty, A/K/A Marvin Welty and Alice M Welty, A/K/A Alice Marie Welty, husband and wife <br />Mailing Address: <br />8863 N 130th Rd <br />Cairo NE 68824 <br />This Trust Deed and Assignment of Rents is made January 21, 2005, 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 />. A tract of land being part of the South Half of the Northwest Quarter (S1 /2NW1 /4) and <br />part of the North Half of the Southwest Quarter (N1 /2SW1/4) of Section Five (5), Township Twelve (12) <br />North, Range Eleven (11) West of the Sixth Principal Meridian, Hall County, Nebraska, more <br />particularly described as follows: Referring to the Northwest corner of Government Lot 4 of Section <br />5 and assuming the West line of Government Lot 4 and the West line of South Half of the Northwest <br />Quarter of Section 5 as bearing S 00° 01' 25" W and all bearings contained herein are relative thereto; <br />thence S 00° 01' 25" W and on the West line of Government Lot 4 and the West line of South Half of the <br />Northwest Quarter of said Section 5, a distance of 1640.74 feet to the ACTUAL PLACE OF BEGINNING, <br />said place of beginning being on the South line of the North 100 acres of the Northwest Quarter of said <br />Section 5; thence continuing S 00° OF 25" W and on the West line of the South Half of the Northwest <br />Quarter of said Section 5 a distance of 82034 feet to the Southwest Corner of the Northwest Quarter <br />of said Section 5; thence S 00° 01' 11" W and on the West line of the North Half of the Southwest Quarter <br />of said Section 5, a distance of 206.0 feet; thence S 89° 36' 53" E a distance of 66.0 feet; thence N 89° 47' <br />06" E a distance of 1796.89 feet; thence N 69° 42' 41" E a distance of 95.98 feet; thence N 56° 39' 25" E a <br />distance of 341.76 feet; thence N 43° 11' 43" E a distance of 324.04 feet; thence N 31° 19' 49" E adistance <br />of 350.65 feet; thence N 87° 21' 08" E a distance of 30.15 feet to a point on the East line of the South Half <br />of the Northwest Quarter of said Section 5; thence N 00° 32' 34" W and on the East line of the South Half <br />of the Northwest Quarter of said Section 5 a distance of 262.26 feet to a point on the South line of the <br />North 100 acres of the Northwest Quarter of said Section 5; thence S 89° 59' 23" W on the South line of <br />the North 100 acres of the Northwest Quarter of said Section 5 and parallel with the North line of <br />Government Lot 3 and the North line of Government Lot 4 of said Section 5 a distance of 2669.76 feet <br />to the place of beginning Excepting a certain tract more particularly described as Lot One (1), Marvin <br />Welty Subdivision, 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 />App #: 11932; CIF #: 126602; Note #: 202 220KN Legal Doc. Date: January 21, 2005 <br />FORM 5011, Trust Deed and Assignment of Rents Page 1 <br />