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200205434 <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 Deal of Trust is recorded. The successor trustee, <br />without conveyance of the Property, shall succeed to all the title, power and duties conferred upon [lie 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 he deemed to be notice to all trusters. <br />28. U.C.C. PROVISIONS. If checked, the following are applicable lo, but du not limit, this Deed of Trust <br />❑ Construction Loan. This Deal Of Trust secures an obligation incurred for the construction of an improvement on <br />the Property. <br />IN Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Trusmr owns now ur in the future <br />and that are or will become futures related to the Property. <br />❑ Crops; 'ITmber; Minerals; Rents, Issues, and Profits. Trustor grants to Beneficiary a security interest in all <br />crops, limber, and minerals located on the Property as well as all rents, issues, and profits of than 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 />IN Personal Property. Trusmr grants to Beneficiary a security interest in all personal property located on or <br />connected with tae 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 pcacticee- <br />IX Filing As Financing Statement. Tmstor 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 carbtm, 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'rri se <br />❑ Line of Credit. The Secured Debt includes a resulving line of credit provision. Although the Secured Debt may be <br />reduced to a tun) balance, this Deed of Trust will remain in effect until released. <br />F1 Agricultural Property. Trustor covenants and warrants that the Properly will Ix: used principally for agricultural <br />or farming purposes and that'1'ntstor is an individual or entity allowed to own agricultural land as specified by law- <br />❑ Additional Terms . ...... ......_......___...__...._...._ .............................. ............................... _._._. <br />...................................................... .._.._._._......... _._....... ... .. ... .................. ......................... <br />............. ......... ........ .......... 1111 1111....... .._.._......... <br />DESIGNATION OF HOMESTEAD <br />Pursuant to the Farm Homestead Protection Act, designation of homestead ❑ is attached to this Deal of trust and made a <br />part hereof ❑ has been disclaimed; the disclaimer is attached to this Deed of'frust and made a par hereof. <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Deed of Trust and in any <br />attachments. Truster also acknowledges mccipt 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 />Eauty Name: EXECUT. E PROPERTIES, L.L.C., 1111... Entity Nan. ..... 1111. ._......_._.. <br />s/,���� K` ` & ;b <br />2 <br />( ten mre D SENKOtiEA, MQNQ(iE ace) (Siynawrc) ... _1111. 1111 ... (Dare) <br />1111. _..........._...... ......... <br />.............. <br />1111... 1111..._ ............. ... _............ ... <br />(Signumle) (Date) oi,rewre) (Date) <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trusmr', signatures and <br />acEmowledgmene, <br />ACKNOWLEDGMENT: <br />S'1'A'1'E OF ... ........ .._............................ . COUNTY OF ... ....... ..... ................ ........ <br />..._... <br />o "mwl. "p This Instrument was acknowledged before me Ibis _.._............. day of .................. 1111_...... <br />__ - ____11_11 <br />by... ...... .... .................................... .._........ _......_........._............... ..................................... . <br />My commission expires: <br />(Seat) <br />...................................... ............................... <br />(NOCary i'ublic) <br />STATE OF Nebraska ... ...... _...._ ............... COUNTY OF HALL ....... . ..._........................... <br />This instrument was acknowledged before me this .... 21s(,,.., _. day of.. ................. May,.20W................... <br />by IiAROLO F,ROSENKOTTER „MANAGER ........ 1111 ...... ..1...11...1 ............._ 1_111.. 1111. 1111............... <br />amwxnu CnlM) <br />.. -.. 1111.. ........ <br />— I <br />of EXECUTIVE PROPERTIES L L C:,_, ... <br />a Nebraska LIMITED LIABILITY COMPANY .. ............................... on behalf of the business or entity. <br />t <br />My commission expires 02 -20 -2006 <br />(.Slap <br />............... <br />fflIERAL NOTARY -Steel N Nebraska (b s ublic) <br />THOMAS J.(bRKLE THOMAS JCORKLE <br />IN Comm. Ero, Feb. 2D, 2001 - <br />E5,1'_7L, ©I loo.—I— .,-- Inv., III. Cloud MN 1U AG11. INt ieilx001 page 6 0)6 <br />