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200410250 <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 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 <br />sufficient 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 <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 />[] 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 [Z 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 />Ent' Name: Entity Name: <br />(S nature) `` S W. OSTERMEIER (Signature) <br />(Si nature)LYNELL OSTERMEIER (Signature) <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 Hall <br />(Individual) This instrument was acknowledged before me this 19th day of October 2004 <br />JAMES W. OSTERMEIER AND LYNELL OSTERMEIER, HUSBAND AND WIFE, AS JOINT TENANTS AND <br />NOT AS TENANTS IN COMMON <br />My commission expires: <br />(Seal) (Notary Public) <br />STATE OF _ _ , COUNTY OF <br />This instrument was acknowledged before me this day of <br />by <br />(Business <br />or Entity -..-- - - - - -- -- -- -. - - <br />Acknowledgment) Of <br />a <br />My commission expires: <br />(Seal) 6E11EAA1. NOTARY , $Ia�EB o1 NM til <br />DAVID R1cH:A DSON <br />My Comm. Exp. April 27, 20N <br />EK156 c (D 1993 Bankers Systems, Inc., St. Cloud, MN Form AG /CO -DT -NE 1/30/2002 <br />(0- C164(NE) (0307) <br />m <br />} ss. <br />} ss. <br />(Name of Business or Entity) <br />on behalf of the business or entity. <br />SDI 44-ea4v--� <br />(Notary Public) <br />page 6 of 6 <br />