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200406686 <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 />El Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Trustor owns now or in the <br />future 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 />0 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 />0 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 <br />sufficient as a financing statement. <br />29. OTHER TERMS. If checked, the following are applicable to this Deed of Trust: <br />0 Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may <br />be 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 <br />law. <br />EJ Additional Terms. <br />-- -- -- - - - - -- -- ----------------- - - - - -- ----- - - - - -- ------- - - - - -- - - - - -- -------- - - - - -- - -- <br />-- - -- - -- - - - -- -- -- ----- - - - - -- - -- ------- - - - - -- - - - -- - ----- - - - - -- - -- - - - - -- - - -- - - - - - -- <br />DESIGNATION OF HOMESTEAD <br />Pursuant to the Farm Homestead Protection Act, designation of homestead0 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 />EJ Actual authority was granted to the parties signing below by resolution signed and dated <br />Housing Devel ment Corporation <br />Entity Name: G/ Entity Name: <br />L1E' - <br />--------------------- -------------------- --- --- -- -- - - - - <br />-- ------ - - - - -- <br />�� ���� <br />'�-{ gln ore) Linda Addison, Executive (Date) (Signature) (Date) <br />- <br />---- ------ ----- ------- ------------------------- ---------------- ----- ---------------- --------------------- ------------------------ --------------- ---- ------ ---- -- --- ---- ---- <br />(Signature) (Date) (Signature) (Date) <br />EJ Refer to the Addendum which is attached and incorporated herein for additional Trustors, signatures and <br />acknowledgments. <br />ACKNOWLEDGMENT: <br />STATE OF COUNTY OF - } ss. <br />---------------------------- - - - - -- - <br />(Individual) 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 instrument was acknowledged before me this 6th - - -- day of July_ _2004_- <br />byLinda Addison Executive Director <br />(Business of Housing Development Corporation <br />or Entity <br />Acknowledgment) <br />a Corp_o_ration o if of t ness or entity. <br />- - -- - - -- - <br />My commission expires: <br />(Seal) <br />- -- - -- - - - - -- <br />Ej(�;� 1993 Bankers Systems, Inc. T.7omin. � (Notary P lic) <br />�f&Rv�7t�t€ � Rt�R9gka page s of s <br />(M - C164(NE) (0100.02 LIAM L. McLELLAN <br />® Exp. Aug. 12, 2004 <br />(: <br />