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<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 F1 has been
<br />waived Q has been disclaimed, the specific designation terms are attached to this
<br />Deed of Trust and made a Dart 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 ......... 10 / 2 8 / 2 0 0 4......... .
<br />Date: Oct 28, 2004
<br />Ent' :Heritage Disposal and Storage, Entity Name: ...............................................................
<br />.C., A Limits Liability Co.
<br />��_���{
<br />- - --------------------- --------------- - ---
<br />-- ----------------------------------------------------------------------------------
<br />(Signature)Bonnie Bilderbocl -Vass, (Date) (Signature) (Date)
<br />President fiv qr
<br />------------------------------------------------------------------------------ - - - - -- ------------------------------------------------------------------------------------
<br />(Signature) (Date) (Signature) (Date)
<br />Refer to the Addendum which is attached and incorporated herein for additional
<br />Trustors, signatures and acknowledgments.
<br />ACKNOWLEDGMENT:
<br />STATE OF — — > COUNTY OF
<br />(Individual) This instrument was acknowledged before me this ____ __ _______ ______ day of
<br />by------- - - - - -- --------- - - - - --
<br />My commission expires:
<br />(Seal)
<br />(Notary Public)
<br />_} ss.
<br />STATEOF - - -- NEBRASKA------------------------------- - - - - -- , COUNTY OF Hall ---------------- - - - - -- ------------------- - - - - -- } ss.
<br />This instrument was acknowledged before me this 28th__________ day of October__2004
<br />- -------------------
<br />by ...... Bonnie Bilderbalck —Vess, —
<br />President
<br />-- - - - - - -- a
<br />(Business Q (Title(s))
<br />-----------------------------------------------------------------------------------------------------
<br />or Entity ,
<br />Acknowledgment' of Herita a Dis osal and Store e,__ L.L.C. A Limited Liability Co. (Name of Business or Entity)
<br />g ------ - � --------'-------------------------------------------------- - - - - -- m y)
<br />a Limited Liability _.................................................. T on be f the business or entity.
<br />My commission expires: ���`
<br />(Seal)
<br />Notar Public) unm f NebraskaANCIS �ftC(D1993 Bankers Systems, Inc., St. Cloud, MN Form AG /CO -DT -NE 1/30/2002 31,2007 page of 6
<br />=- C164(NE) (0307) Loan Number 980790
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