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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 />0 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 />0 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 />LJ 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 arc 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 />® Additional Terms. MATURITY DATE 8 -25 -2030
<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 />® Actual authority was granted to the parties signing below by resolution signed and dated - - - - - -- 08/25/2005- ________ .
<br />TK BABEL PROPERTIES, L.L.C. FORMERLY
<br />Entity Name KNOWN AS ENCINGER PROPERTIES II , Entity Namc
<br />L.L.C.
<br />- - - - -- --=--- - - - - -- -
<br />------- - - - - --
<br />(Signature)THOMAS E BAB, MEMBER (Signature)
<br />.. . _ -- ....------------------------------------------------------------- - - - - -- --------------------------- --------------------------------------------
<br />(Signature) (Signature)
<br />0 Refer to the Addendum which is attached and incorporated herein for additional Trustors, signatures and
<br />acknowledgments.
<br />I:[yN►[1]`J11.01I1"dWt E
<br />STATE OF ... COUNTY OF } ss.
<br />(Individual) This instrument was acknowledged before me this - - -. --------------- day of
<br />by
<br />My commission expires:
<br />(Busidcss
<br />or Entity
<br />Acknowledpnenl)
<br />---------- - ----- -----------------------------
<br />(Seat) (Notary Public)
<br />STATE OF- Nebraska ---- ------ - - - - -- ----- - - - - -- - COUNTY OF Hall------------------------------------------ - - - - -- } ss.
<br />This instrument was acknowledged before me this 25th_ - -- - - - - -- day of August_ 2005_______________________________________
<br />byTHOMAS E BABEL MEMBER
<br />of TIC BABEL PROPERTIES, L.L.C. FORMERLY KNOWN AS ENCINGER PROPERTIES II, L.L.C., A NE KA LIMITED
<br />LIABILITY COMPANY
<br />a Limiteability ______
<br />-- - d Li[�s
<br />P
<br />My comm
<br />°AL Nu iA Y - 5tate of NeBraska
<br />`''' WILLIAM L. McLELLAN
<br />M Comm. , Au .12, 2008
<br />--------------------------------------------------
<br />bc alf �t- n s r entity.
<br />1
<br />-- - - - - -- .�
<br />(Notary P ic)
<br />�M ©1993 Bankers Systems, Inc., St. Cloud, MN Form AG/CO -0T -NE 1/30/2002 page 6 of 6
<br />Ck- C164(NE) (0307)
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