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;a nn <br />rn S D <br />n = <br />Z <br />fr1 <br />� <br />t'1 7C �. `s' <br />o -� o <br />� _ <br />M1 M N <br />A 2` <br />� m O <br />C/) T <br />• 7C S ® <br />c <br />Cl) <br />O T1 C: <br />N <br />r *i tz J <br />Ci C= <br />o <br />F <br />vn w <br />co <br />Cn C= <br />Cn Z <br />O <br />Do not writeltype above this line. For filing purposes only. <br />FORM 5011 (8 -2004) <br />RETURN TO Farm Credit Services of America, PO Box 5080 Schulte Katherine S <br />(308) 364 -0557 <br />PREPARER: Grand Island, NE 68802 <br />C7 <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: <br />Waive <br />as a preface to the <br />Might to Designate <br />execution, and as a part of the following Trust Deed, the undersigned Trustor(s) being first duly sworn, elects to the <br />a , <br />Homestead. <br />I/We understand that I /we have the right to make a designation of homestead in the following Trust Deed. The execution of this <br />Waiver constitutes a <br />waiver of rights otherwise 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 Deed. 7 <br />George Alb, Kr Sherril Albin <br />Farm Credit Services of America <br />TRUST DEED AND ASSIGNMENT OF RENTS <br />Trustor(s): <br />George Albin Jr, a /k/a George M Albin, Jr and Sherril Albin, husband and wife <br />Mailing Address: <br />RR 1 Box 33 <br />Guide Rock NE 68942 <br />This Trust Deed and Assignment of Rents is made January 28, 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 />Lots 1 and 2, Island; the NE1 /4 NE1 /4; the W1/2 NE1 /4 all in Section 22, Township 9 North, Range 12 West of the <br />6th P.M., Hall County, Nebraska, EXCEPTING therefrom tracts of land more particularly described in Warranty Deed <br />recorded in Book 137, Page 85 and Warranty Deed recorded as Document No 99- 107943. <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 Princi al Amount <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 />FIFTY THOUSAND, ($250.000.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s); provided further, that <br />THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY <br />TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. <br />This Trust Deed will be due January 1, 2020. <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 />Trustor(s) and each of them further covenants and agrees with Beneficiary as follows: <br />1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon the <br />property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or on public <br />domain. <br />App #: 13565; CIF #: 1084; Note #: 203 220EK Legal Doc. Date: January 28, 2005 <br />FORM 5011, Trust Deed and Assignment of Rents Page 1 <br />