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99 107485 <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 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 aze 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, tunber, 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 p�tbperty''�YoCated��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 aze 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 aze applicable to this Deed of Trust: <br /> ❑ Line of Credit. T'he 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 /> 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 /> Eaciry rtame: Thienel,Builders�..Inc:.................. Enriry Name: ......................................................... <br /> -1 . . .�'��.....Y.... ... . ... 7........... ... ....................................................................... <br /> . ... ... .... . ... ... <br /> (Signature) DaV1C� E. 2"�LIPYIZe1, Director (Date) (Signature) (Date) <br /> ....................................................................... ....................................................................... <br /> (Signature) (Date) (Signature) (Date) <br /> ❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors, signatures and <br /> acknowledgments. <br /> ACKNOWLEDGMENT: <br /> STATEOF ........................................... . COUNTZ'OF ......'.......................................... } ss. <br /> c,�a���a��� This 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 Hall........................................ } ss. <br /> This instrument was acknowledged before me this .......2??Ca........ day of.....July,,,,1999,,,,,,,,,,,,,,,,,,,,,,,,,,, <br /> byDavid.E...Thi.enel,..Director.......................................................................................... <br /> ce�s�ress <br /> or En[ity ...................................................�.................................................................... ........... (Ti[le(5)) <br /> r�,," �]� ... <br /> Acknowledgment) Of 1111PTlel,BL111l.ICrS�..IT1C:.............................................. ........................... (Name of Business or Entity) <br /> a ................................................................................. ...... ...... on be al o th busine entity. <br /> My commission expires: <br /> (Seal) <br /> �.�.�� ............ ....... ....... ..... .... .... ......... ....... <br /> GENERAL NOTARY•State ot Nebraska (Norary Public) <br /> ��� JOSEPH R.DOBROVOLNY <br /> My Comm.Exp.Sept.3,3000 <br /> . <br /> � O 1993 Bankers Svstems.Inc..St.Cloud.MN 11-800-3 9 7-2 341 1 Form AG/CO-f]T-NF 1n/3n/97 � � nann F nf F <br />