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200203132 <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 truster, <br />without conveyance of the Property, shall succeed to all the title, power and duties conferred upon the Trustee by this <br />Deed of Trost 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 I of this Deed of Trost, or to any other address designated in writing. Notice to <br />one trustor will be deemed to be notice to all trusinrs. <br />28. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Deed of Trost: <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 />f%l Crops; Timber; Minerals; Rents, Issues, and Profits. Truster 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 Pavment 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 Nc <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 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 Decd 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 />- DESIGNATION OF HOMESTEAD <br />Pursuant to the Farm Homestead Protection Act, designation of homestead ❑ is attached to this Deed of Tmst aad made a <br />part hereof II@ has been disclaimed; the disclaimer is attached to this Deed of Trust and made a part hereof. <br />SIGNATURES: By signing below, Trustor agrees in the terms aad covenants contained in (his 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 />EntityName: y.. y............... _...,..._.._ ................... _......_ Fruit, Name: ............ ._..... .... ..... ......... ................... <br />J RiSPFII P,, t .................. I..........._..._.__..._. <br />3- Ly -o2.. <br />mrr) A E El (Dot) es gvamr) 1Dxt ) <br />(sgare)SIIAflON81LEY AKASHA NJ. RILEY (Dare) (Slgoaturc) (Dare) <br />m <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Truslnrs, signatures and <br />acknowledgments. <br />ACKNOWLEDGMENT: <br />,,II <br />STATE OF N.EIdPMU..._......._.. ....... COUNTY OF <br />DPI. <br />.__ . }ss. <br />This instrument was acknowledged before me this ........ 15TH_ <br />day oL... MARCH 2002 <br />nmm�m,.n <br />by JAMES B R,IrtLEY, $HABON A14EY QJ(A.$HAeON J RILEY,.Np$9AN0 A,N4.W1fE.. <br />.... ... .... ......... . <br />My commhssron"e hin5'02 1820 <br />(Sc.� 117' <br />e .,,SON <br />(Nrn ry Public) <br />' <br />LEE JACOBSEN <br />STATEOF .... ... ....... ........ _ COUNTY OF ................. <br />_.... ......... }ss. <br />This instrument was acknowledged before me this .................... <br />day of ................... <br />by ................. ..... _.._. ........................ ........._..__...................... <br />.......... ...'.. ..... ......_.............. <br />Maa,a .... .... _. <br />... .... ... .._ . _..... 11 _ o'eia =n <br />emr___. .... ....... <br />x­,Icro t of _.. ..... _.._.. .... _ ... <br />............................... _. m <br />on behalf of the business or entity. <br />a ......._ ....... .............. ................ ..........._ <br />.......___ <br />My commission expires; <br />(soap ._ ................... <br />___ ........ ............................... _. <br />(Nary Public) <br />E412� (9 iiaa Pm4e ayatema,l"a„ SC C IOU,, M N 1— t1,11e tt NE lefam1 page 6of6 <br />