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200 � U11 �0
<br /> 26. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a
<br /> successor trustee by an instrument recorded in the county in which this Deed of Trust is recorded. The successor trustee,
<br /> without conveyance of the Property, shall succeed to all the title, power and duties confened upon the Trustee by this
<br /> 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 first class mail
<br /> to the appropriate party's address on page 1 of this Deed of Trust, or to any other address designated in writing. Notice to
<br /> one trustor will be deemed to be notice to all trustors.
<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 improvement on
<br /> the Property.
<br /> $�Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Trustor owns now or in the future
<br /> and that are or will become fixtures related to the Property.
<br /> $� Crops; Timber; Minerals; Rents, Issues, and Profits. Trustor grants to Beneficiary a security interest in all
<br /> crops, timber, and minerals located on the Property as well as all rents, issues, and profits of them including, but
<br /> not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar
<br /> governmental programs (all of which shall also be included in the term "Property").
<br /> �.Personal Property. Trustor grants to Beneficiary a security interest in a11 personal property located on or
<br /> connected with the Property. 'This security interest includes all fann products, inventory, equipment, accounts,
<br /> documents, instruments, chattel paper, general intangibles, and all other items of personal property Trustor owns
<br /> now or in the future and that are used or useful in the construction, ownership, operation, management, or
<br /> maintenance of the Property. The term "personal property" specifically excludes that property described as
<br /> "household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal
<br /> regulations governing unfair and deceptive credit practices.
<br /> � Filing As �nancing Statement. Trustor agrees and acknowledges that this Deed of Trust also suffices as a
<br /> financing statement and as such, may be filed of record as a financing statement of purposes of Article 9 of the
<br /> Uniform commercial Code. A carbon, photographic, image or other reproduction of this Deed of Trust is sufficient
<br /> as a financing statement.
<br /> 29. OTHER TERMS. If checked, the following are applicable to this Deed of Trust:
<br /> ❑ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be
<br /> reduced to a zero balance, this Deed of Trust will remain in effect until released.
<br /> �$ Agricultural Property. Trustor covenants and warrants that the Property will be used principally for agricultural
<br /> or farming purposes and that Trustor is an individual or entity allowed to own agricultural land as specified by law.
<br /> ❑ Additional Terms. ....................................................................................................................
<br /> .............................................................................................................................................
<br /> .............................................................................................................................................
<br /> DESIGNATION OF HOMESTEAD
<br /> Pursuant to the Farm Homestead Protection Act, designation of homestead ❑ is attached to this Deed of Trust and made a
<br /> part hereof�has been disclaimed; the disclaimer is attached to this Deed of Trust and made a part hereof.
<br /> SIGNATLTRES: By signing below, Trustor agrees to the terms and covenants contained in this Deed of Trust and in any
<br /> attachments. Trustor also acknowledges receipt of a copy of this Deed of Trust on the date stated above on Page 1.
<br /> �Actual authority was granted to the parties signing below by resolution signed and dated ..F�??:�?�rY..2,..2000.... .
<br /> Entiry Name: BRIAN D EARNEST............................ Entity Name: B.h-'.A.D..D:. Ai�ID AMY EARNEST
<br /> .............:........ ............................................
<br /> A SINGLE PERSON HUSBAND AND WIFE
<br /> .���.�:.��-:a�........................... .D...: . ...... .. .......................... .
<br /> ��'t''�) (Date) }. . ..(Date)
<br /> ....................................................................... . . . . . ..1.0U.4:�.........................................
<br /> (Signature) (Date) �ture) ((Date)
<br /> ❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors, signatures and
<br /> acknowledgments.
<br /> ACKNOWLEDGMENT:
<br /> STATE OF Nebraska............................ . COUNTY OF .....�.A.L.�............................... } ss.
<br /> (Individual) This instrument was acknowledged before me this ......2�........ day of....F?a?ru.a�Y,..2 000....................
<br /> by BRIAN.D:..EARNEST.and,SRAD.D. AND APiIY EARNEST............................... ........ .............. .
<br /> ; ............................. �
<br /> �' My commission expires: � ,
<br /> ���......-.�-�� �
<br /> (Seal) ���pOTARY-Slal9�Neb�2Ska •
<br /> .. ... . ..... . . . ...................
<br /> I WILLIAM E.LUEHR ....(Notary blic)
<br /> My Comm.Exp.Oct 30,2001
<br /> STATEOF ..............`........................... , COUNTY OF ................................................ } ss.
<br /> This instrument was acknowledged before me this .................... day of...................................................
<br /> ce�5��55
<br /> by .........................................................................................................................................
<br /> or Entity ..................................................................................................................................... (Title(5))
<br /> Ack�rowledgment) Of ................................................................................................................... (Name of Business or EntitY)
<br /> a ...............................................................................................
<br /> on behalf of the business or entity. '
<br /> My commission expires:
<br /> (Seal)
<br /> .....................................................................
<br /> (Notary Public)
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<br /> ,r ., , , i � k
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