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<br />200608857 <br /> <br />26. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time removc Trustee and appoint a <br />successor trustee hy 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 hy this <br />Deed of Trust and applicahle law. <br /> <br />27. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or hy mailing it by first class mail <br />to the appropriate party's address on page I 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 />28. U.C.C. PROVISIONS. If checked, the following arc applicable to, but do not limit, this Deed of Trust: <br /> <br />D Construction Loan. This Deed of Trust secures an obligation incurred for the construction of an improvement on <br />the Property. <br />[i] 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 />o Cl'OpS; 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 PCI'sonal Property. Trustor grants to Beneficiary a security interest in all personal property located on or <br />connected with the Property. This security interest includes aU 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 /> <br />[i] 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 /> <br />29. OTHER TERMS. If checked, the following are applicable to this Deed of Trust: <br />D Line of Crcdit. 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 /> <br />D Agricultural Property. Trustor covenants and warrants that the Property wi II be used principally for agricultural <br />or fanning purposes and that Trustor is an individual or entity allowed to own agricultural land as specified by <br />law. . <br /> <br />D Additional Tcrms. <br /> <br />DESIGNATION OF HOMESTEAD -~ <br /> <br />Pursuant to the Farm Homestead Protection Act, designation of homestead[~] is attached to this Deed of Trust and made a <br />part hereofD has been disclaimed; the disclaimer is attached to this Deed of Trust and made a part hereof. <br /> <br />SIGN A TURES: By signing below, Trustor agrees to the terms and covenants containcd in this Deed of Trust and 111 <my <br />attachments. Trustor also acknowledges receipt of a copy of this Deed of Trust on the date stated above on Page]. <br />[i] Actual authority was granted to the parties signing below by resolution signed and dated 10/02/2006 <br />O'CO~.~ R. ENTERPRISES, INC. <br />Entity Nam~: ..r Entity Namt <br /> <br />(Signature)RAYMOND J 0' CONNOR, President <br /> <br />(Signature) <br /> <br />(~atur~) <br />U Refer to the Addendum <br />acknowledgments. <br /> <br />(Signatur~) <br />which is attached and incorporated herein for additional Trustors, signatures and <br /> <br />ACKNOWLEDGMENT: <br />STATE OF <br />(Individual) This instrument was acknowledged before me this <br /> <br />by <br />My commission ~xpires: <br /> <br />, COUNTY OF <br />day of <br /> <br />]- ss. <br /> <br />(S~al) <br /> <br />(Notary Puhlic) <br /> <br />(Business <br />or Entity <br />Adlll1Wlr.dglll\;l1t) <br /> <br />STATE OF Nebraska , COUNTY OF $/r",g., <br /> <br />This instrument was acknowledged before me this 2nd day of October 2006 <br />byRAYMOND J O'CONNOR President <br />of 0' CONNOR ENTERPRISES, INC., A NEBRASKA CORPORATION <br /> <br />} ss. <br /> <br />a Corporation <br />My commission ex <br />(Seal) <br /> <br />Ires: <br />GENERAL NOTARY - State of Nebraska <br />RONALD H. a LENBEAG <br />My Comm. Exp tJ <br /> <br />. /". .. _. ..... . 0.11. behal f of the business or entity. <br /> <br />~~JlL, <br /> <br />rjr'tary Public) <br /> <br />~rtl:: 01993 Bankers Sy>tern,. lne.. St. Cloud. MN Form AG/CO-DT.NE 1/30/2002 <br />.-C164(NE) (0307) <br />@ <br /> <br />page 6 of 6 <br />