99- 1�4Q83
<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 aze 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�ling. 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; T�mber; Minerals; Rents, Issues, and Pro�ts. 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 fazm 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 goveming unfair and deceptive credit practices.
<br /> ❑ �ling 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. OTI�R 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 /> $X 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 Fazm 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 authority was granted to the parties signing below by resolution signed and dated ................................... .
<br /> F & F Land and Livestock, A
<br /> Entity Name: NP}�Y'aS�,P�;t11GY;SYl1p..................... Enhty Name:
<br /> ... ' .........................................................
<br /> �:..... �.�. . ..y'��.99 .......................................................................
<br /> .. ... .. ...... . . ....
<br /> (Signature) Te R. F zthy, artner (Date) (Signawre) (Date)
<br /> . —QQ
<br /> �:............. ..�. . ........ ..................�-.l.6 .......................................................................
<br /> (Signature) R1C�{ N. FOXWC� hy, Partner (Date) (Signature) (Date)
<br /> ❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors, signatures and
<br /> acknowledgments.
<br /> ACKNOWLEDGMENT:
<br /> 5TATEOF ........................................... . COUNTY OF ................................................ } ss.
<br /> c�„a;�;a��> This instrument was acknowledged before me this .................... day of..................................................
<br /> by ....................................................................................................................................... .
<br /> My commission expires:
<br /> (Seal) .....................................................................
<br /> (Notary Public)
<br /> STATE OF Nebraska............................ . COUNTY OF Hall........................................ } ss.
<br /> This instnunent was acknowledged before me this .......16th,,,,, day of.....APri l,,,1999,,,,,,,,,,,,,,,,,,,,,,,,,,
<br /> by Terry,,R.,, Foxwe�rthy,.and.Rick.N:..Foxy�,rthy,..Partner,,ancl,Partner
<br /> ca�5��ss
<br /> .................................
<br /> or Entity ..................................................................................................................................... (Ti[I�5))
<br /> Aclmowledgment) o f F,,&,F,,L�and,,and,Li,v,estock,,,A,Nebras}ca,Partner, .,;P,, ,,,,,,,,, ,,,,,,,,,,,,,, cNa,,,e of 8�5��55 0�s���ry>
<br /> a .............................................................................. .. ..... .. .... ehalf of the business or entity.
<br /> My commission expires: /�� `
<br /> (Seal)� 6ENERAL NOTARY-Sta18 af NYtu�ski �t�t.
<br /> . . . ...`. ...........�.-........................
<br /> ��, ���N� (Notary Public)
<br /> N!y Canm.E�q1•3�pt 1,2001
<br /> . . , :� '. � ;
<br />
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