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rn �v <br />c� rn ft1 <br />H � o -+ O <br />n Z _ Z ry <br />M y , m O <br />rn <br />Cn <br />• T -s � ,� V� <br />O <br />O <br />A S GJ� Uni <br />PREFACE TO AGRICULTURAL DEED OF TRUST <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. <br />Trustor, and each of them if more than one, hereby disclaims Trustor's right to designate a homestead on said real estate. <br />No part of Trustor's homestead is presently or will in the future be situated upon said real estate. Trustor understands that <br />if Trustor establishes a homestead on any part of said real estate during the time the Deed of Trust remains unsatisfied <br />and 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 />[XX] B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD: <br />Trustor ackowledges that Trustor is about to execute the following Deed of Trust upon the Property. <br />Trustor, and each of them if more than one, hereby waives Trustor's right to designate a homestead on said real estate. <br />Trustor understands that Trustor has right to make a designation of homestead and that by executing this waiver, Trustor <br />is waiving rights otherwise available for the purpose of affording them the opportunity to retain Trustor's homestead in the <br />event of a default upon the Deed of Trust. <br />[ ] C. DESIGNATION OF HOMESTEAD: <br />Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq. Revised Statutes of the State <br />of Nebraska), Trustor hereby designates the real estate described in the "Designation of Homestead" attached hereto and <br />incorporated herein by this reference. <br />LAWRENCE E. KLEIN, TRUSTEE <br />TRUSTOR <br />ANGE INE K. KLEIN, TRUSTEE <br />TRUSTOR <br />THIS DEED OF TRUST, is made as of the 1ST day of MARCH , 2004, by and among the Trustor, <br />LAWERENCE E. KLEIN AND ANGELINE_K. KLEIN, TRUSTEES OF THE KLEIN FAMILY TRUST , whose <br />mailing address is 5810 S 130TH ROAD, WOOD RIVER, NE 68883 (herein "Trustor", whether one or more), the <br />Trustee, FIRST STATE BANK, whose mailing address is 119 C STREET, P O BOX 639, SHELTON, NE 68876 (herein <br />"Trustee "), and the Beneficiary, FIRST STATE BANK, whose mailing address is 119 C STREET, P O BOX 639, <br />SHELTON, NE 68876 (herein "Lender"). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />LAWRENCE E. KLEIN AND ANGELINE K. KLEIN, TRUSTEES OF THE KLEIN FAMILY TRUST (herein <br />"Borrower," whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor <br />hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit <br />and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property described as <br />follows: <br />THE W' /Z OF THE NE 1/4 OF SECTION 10, TOWNSHIP 10 NORTH, RANGE 12 WEST OF THE 6TH P.M., HALL <br />COUNTY, NEBRASKA. <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, <br />and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and <br />cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of <br />which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed <br />of Trust and all of the foregoing being referred to herein as the "Property ". <br />