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PREFACE TO AGRICULTURAL DEED OF TRUST ,.�I -> <br />COMPLETE this portion ONLY if the real property described <br />Consists of INDIVIDUALLY OWNED AGRICULTURAL LAND <br />If applicable, complete ONLY ONE either A, B, or C. <br />A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD: <br />Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property, Trustor, and each of them if more than <br />one, hereby disclaims Trustor's right to designate a homestead on said real estate. No part of Trustor's homestead is presently or will in the future be <br />situated upon said real estate. Trustor understands that if Trustor establishes a homestead on any part of said real estate during the time the Deed of <br />Trust remains unsatisfied and a lien upon said real estate, there shall be no right to make a designation of homestead in the event of a foreclosure or <br />trustee's sale with respect to said Deed of Trust. <br />XR B.WAIVER OF RIGHT TO DESIGNATE HOMESTEAD: <br />Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property, Trustor, and each of them if more than <br />one, hereby waives Trustor's right to designate a homestead on said real estate. Trustor understands that Trustor has right to make a designation of <br />homestead and that by executing this waiver, Trustor is waiving rights otherwise available for the purpose of affording them the opportunity to retain <br />Trustor's homestead in the event of default upon this Deed of Trust. <br />C.DESIGNATION OF HOMES <br />Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq. Revised statutes pf the State pf Nebraska), Trustor hereby designates <br />the real estate descri ed in the "Designation of Ho ead" hereto and incorporated herein by this reference. <br />for n � Trustor <br />Trustor Trustor <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, is made as of the <br />31 <br />day of January , 20 0 5, by and among the <br />Trustor Lynn Otto <br />and Peggy <br />Kahler as <br />joint tenants <br />whose mailing address is PO <br />BOX 5 7 3 <br />Arapahoe, <br />NE 68922 (herein "Trustor ", whether one or more). <br />�- <br />D <br />-r} <br />Z <br />�1 <br />Q- <br />7=1 <br />r D <br />cn <br />\ <br />n <br />CD <br />N <br />00 <br />�t <br />� <br />(n <br />200501128 <br />PREFACE TO AGRICULTURAL DEED OF TRUST ,.�I -> <br />COMPLETE this portion ONLY if the real property described <br />Consists of INDIVIDUALLY OWNED AGRICULTURAL LAND <br />If applicable, complete ONLY ONE either A, B, or C. <br />A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD: <br />Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property, Trustor, and each of them if more than <br />one, hereby disclaims Trustor's right to designate a homestead on said real estate. No part of Trustor's homestead is presently or will in the future be <br />situated upon said real estate. Trustor understands that if Trustor establishes a homestead on any part of said real estate during the time the Deed of <br />Trust remains unsatisfied and a lien upon said real estate, there shall be no right to make a designation of homestead in the event of a foreclosure or <br />trustee's sale with respect to said Deed of Trust. <br />XR B.WAIVER OF RIGHT TO DESIGNATE HOMESTEAD: <br />Trustor acknowledges that Trustor is about to execute the following Deed of Trust upon the Property, Trustor, and each of them if more than <br />one, hereby waives Trustor's right to designate a homestead on said real estate. Trustor understands that Trustor has right to make a designation of <br />homestead and that by executing this waiver, Trustor is waiving rights otherwise available for the purpose of affording them the opportunity to retain <br />Trustor's homestead in the event of default upon this Deed of Trust. <br />C.DESIGNATION OF HOMES <br />Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq. Revised statutes pf the State pf Nebraska), Trustor hereby designates <br />the real estate descri ed in the "Designation of Ho ead" hereto and incorporated herein by this reference. <br />for n � Trustor <br />Trustor Trustor <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, is made as of the <br />31 <br />day of January , 20 0 5, by and among the <br />Trustor Lynn Otto <br />and Peggy <br />Kahler as <br />joint tenants <br />whose mailing address is PO <br />BOX 5 7 3 <br />Arapahoe, <br />NE 68922 (herein "Trustor ", whether one or more). <br />the Trustee First State Bank <br />Whose mailing address is PO Box 10 Beaver City NE 68926 (herein "Trustee "), and <br />the Beneficiary First State Bank <br />whose mailing address is PO Box 10 Beaver City NE 68926 (herein "Lender ") <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />Lynn Otto and Peggy Kahler as joint tenants <br />(herein `Borrower," whether one or more) and the Trust herein created, the receipt of which is hereby acknowledged, Trustor hereby <br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST WITH POWER OF SALE, FOR THE BENEFIT AND <br />SECURITY OF Lender, under and subject to the terms and conditions hereinafter set forth, the real property described as follows: <br />The South Half of the Southeast Quarter (Sl /2SE1 /4) of Section Thirteen (13), <br />Township Twelve (12) North, RAnge Eleven (11) West of the 6th PM, Hall <br />County, Nebraska <br />Together with all building, improvement, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such <br />personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling <br />equipment; and together with the homestead or marital interest, if any, which interests are hereby released and waived; all of which, <br />including replacements and additions thereto, is herein as the "Property" <br />