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<br />200605573 <br /> <br />26. <br /> <br />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 /> <br />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 /> <br />U.e.e. PROVISIONS. If checked, the following are applicable to, but do not limit, this Deed of Trust: <br /> <br />o Construction Loan. This Deed of Trust secures an obligation incurred for the construction of an improvemcnt on <br />the Property. <br />o 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 /> <br />D 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 /> <br />D 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 -producb, 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 /> <br />o 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 tiled 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 /> <br />27. <br /> <br />28. <br /> <br />29. <br /> <br />OTHER TERMS. If checked, the following are applicable to this Deed of Trust: <br />D 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 />D 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 /> <br />D Additional Terms. <br /> <br />DESIGNA TION OF HOMESTEAD <br /> <br />Pursuant to the Farm Homestead Protection Act, designation of homestead 0 is attached to this Deed of Trust and made a <br />part hereof 00 has been disclaimed; the disclaimer is attached to this Deed of Trust and made a part hereof. <br /> <br />SIGNATURES: By si!:,'Tling 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 />o Actual authority wa.',; granted to the parties signing below by resolution signed and dated ________________ _.____ <br /> <br />Entit~ 2~- ---~----- - -- ------ <br />/... ~ " ----------------------- - <br />----~-~.--:_~ <br />(Slgnature)T UMME~ T ~ <br />~--~...----------------- - <br /> <br />(Slgnature)CARY Pi: ~L (Signature) <br />D Refer to the Addendum which is attached and incorporated herein <br />acknowledgments. <br /> <br />Entity Name: <br /> <br />(Signature) <br /> <br />for additional Trustors, signatures and <br /> <br /> <br /> <br />ACKNOWLEDGMENT: <br />STATE OF l<t~ras~~_ _________ _______________ _ __ _ __ , COUNTY OF lio1i.1.1___________ ___ _ ____ <br />(l"divid",I) This instrument was acknowledged before me this :t,~t:h <br />by"TOHMY L UMMEL JR AND CARY Pi: UMMEL, HUSBAND <br />Myco ill es: <br />GENERAL NOrnRY ~ <br />WILLIAM i. S~te of Nebraska <br />c. M Comm. Ex '. Au ~~~L2~N <br />STATE OF.. __ __ __ __ __ __ _ _ _________ _____ ____ __ _ ____ __ ,COUNTY OF __ _ ____ __ __ __ _ __ __ __ __ __ _ _ _ __ _ __ _ _ _ . _ __ ____ __ } ss. <br />This instrument was acknowledged before me this _ _ _ _ __ __ _ day of _____ __ __ __ __ __ __ _ _ _ __ __ __ _ _________________ ___ <br /> <br />by _ . _ ________________________ __________________________________.. _____ ____________________________________.._... <br /> <br />(Busilless <br />Or El1tity <br />Acknowledgment) of <br /> <br />_ (Titi<(,n <br /> <br />(Name of BIJ'jlile'SS ~'It 1'~I]tjty) <br /> <br />a <br />----------------------- <br />My commission expires: <br />(Seal) <br /> <br />on behalf of the business or entity. <br /> <br />(N otary Public) <br /> <br />~01993 Bankers Systems, lno., Sl. Cloud, MN Form AGlCQ.QT-NE 1/30/2002 <br />e-C164( NE) (0307) <br />@ <br /> <br />page 6 of 6 <br />