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<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
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