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<br />If this Deed of Trust secures a guaranty between Beneficiary and Trustor and does not directly secure
<br />the obligation which is guarantied, Trustor agrees to waive any rights that may prevent Beneficiary from
<br />bringing any action or claim against Trustor or any party indebted under the obligation including, but not
<br />limited to, anti-deficiency or one-action laws.
<br />25. APPLICABLE LAW; SEVERABILITY; INTERPRETATIOIV. This Deed of Trust is governed by the laws of
<br />the jurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of
<br />the jurisdiction where the Property is located. This Deed of Trust is complete and fully integrated. This
<br />Deed of Trust may not be amended or modified by oral agreement. Any section or clause in this Deed of
<br />Trust, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will
<br />not be effective, unless that law expressly or impliedly permits the variations by written agreement. If
<br />any section or clause of this Deed of Trust cannot be enforced according to its terms, that section or
<br />clause will be severed and will not affect the enforceability of the remainder of this Deed of Trust.
<br />Whenever used, the singular shall include the plural and the plural the singular. The captions and
<br />headings of the sections of this Deed of Trust are for convenience only and are not to be used to
<br />interpret or define the terms of this Deed of Trust. Time is of the essence in this Deed of Trust.
<br />26. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and
<br />appoint a successor trustee by an instrument recorded in the county in which this Deed of Trust is
<br />recorded. The successor trustee, without con�reyance of the Property, shall succeed, to .all the title,
<br />power and duties conferred upon the Trustee by this Deed of Trust and applicable law.
<br />27. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by
<br />first class mail to the appropriate party's address on page 1 of this Deed of Trust, or to any other
<br />address designated in writing. Notice to one trustor will be deemed to be notice to all trustors. Trustor
<br />and Beneficiary hereby request a copy of any notice of default, and a copy of any notice of sale
<br />thereunder, be mailed to each party at the address for such party set forth on page 1 of this Deed of
<br />Trust.
<br />28. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Deed of Trust:
<br />❑ Construction Loan. This Deed of Trust secures an obligation incurred for the construction of an
<br />improvement on the Property.
<br />❑ Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Trustor owns now
<br />or in the future and that are or will become fixtures related to the Property.
<br />❑ Crops; Timber; Min�rals; Rents, Issues and Profits. Trustor grants to Beneficiary a security interest
<br />in all crops, timber and minerals located on the Property as well as all rents, issues and profits of
<br />them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind
<br />(PIK) payments and similar governmental programs (all of which shall also be included in the term
<br />"Property").
<br />❑ Personal Property. Trustor grants to Beneficiary a security interest in all personal property located
<br />on or connected with the Property. This security interest includes all farm products, inventory,
<br />equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other
<br />items of personal property Trustor owns now or in the future and that are used or useful in the
<br />construction, ownership, operation, management, or maintenance of the Property. The term
<br />"personal property" specifically excludes that property described as "household goods" secured in
<br />connection with a"consumer" loan as those terms are defined in applicable federal regulations
<br />gove.�ning unfair and deceptive credit practices.
<br />❑ Filing As Fnancing Statement. Trustor agrees and acknowledges that this Deed of Trust also
<br />suffices as a financing statement and as such, may be filed of record as a financing statement of
<br />purposes of Article 9 of the Uniform Commercial Code. A carbon, photographic, image or other
<br />reproduction of this Deed of Trust is sufficient as a financing statement.
<br />Security Inavument-Commercial/Agricuhurel-NE AGCO-RESI-NE 7/2/2011
<br />VMP� Bankers SystemsTM VMP-C69bINE1 117071.00
<br />Wohers Kluwer Rnencial Sarvicas OO 1993, 2011 Page 9 of 17
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