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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 conferred 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 all personal property located on or
<br />connected with the Property. This security interest includes all farm 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 Financing 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 />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 />SIGNATURES: 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 a)ghority was granted to the parties signing below by resolution signed and dated .............12.20.2000, . , , , , , , , , , ,
<br />Entity Na�/ OAKCfi,
<br />C-
<br />SC
<br />EZ E ... .q• ......... ...............
<br />IDENT (Date)
<br />........................................ ...............................
<br />(Signature) (Date)
<br />EntityName: .......................... ...............................
<br />............................ .........................
<br />( Signature ) (Date)
<br />........................................ ...............................
<br />(Signature) (Date)
<br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors, signatures and
<br />acknowledgments.
<br />ACKNOWLEDGMENT:
<br />STATE OF ..... \AV. ............... . COUNTY OF ............................. ; ss.
<br />(Indvidual) T� 's instrument was acknowledged before me this .... .day of .... ................. �........ .........
<br />by........................................................................................... ............................... .
<br />My commission expires:
<br />(Seal)
<br />...................................... ...............................
<br />(Notary Public)
<br />STATE OF NEBRASKA .. ............................... . COUNTY OF ft( ........................................... ) ss.
<br />This instrument was acknowledged before me this ........ ?0TH , , , , , , , day of ................. DECEMBER, 2000
<br />..............................
<br />by BRIAN,L, SCHWARTZ PRESIDENT .......................................................................... ...............................
<br />(Business
<br />or Entity ...................................................................................................... ............................... (Title(s))
<br />Acknowledgment) of OAKCREEK DEVELOPMENT, INC ..... . ..... . .... . . ..... . ........ . ...... . .. ... (Name of Business or Entity)
<br />a NEBRASKA C0RP0RATI0N . . .. . . . . . . . . . . ............................. on behalf of the business or entity.
<br />......................
<br />My commission expires:0 1 .09-2003
<br />I GENERAL NOTARY -Slate of Nebraska ...... .
<br />JON A. HEATH (Notary lic)
<br />My Cow. E* Jae. 9, 20Q! J A. HEATH
<br />
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