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<br />200609957 <br /> <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 /> <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 d<:signated 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 are appli<:able 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 /> <br />D Fixtm'e 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 locat<:d on the Properly 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 />governm<:ntal programs (all ofwhid1 shall also be induded in the term "Property"). <br /> <br />D Personal Property. Trustor grants to Beneficiary a s<:curity interest in all personal propnty 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 properly 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 />D 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 thc <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 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 /> <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 homesteadD is attached to this Deed of Trust and urade a <br />part hereof 0 has been disclaimed; the disclaimer is attached to this Deed of Trust and made a part hereof. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants cOl1lained 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 was granted to the parties signing below by resolution signed and dated <br /> <br /> <br />Entity Nam~: <br /> <br />(Sigllalur~) <br /> <br />t~t~ 7h, l}m..n/nt--i.. <br />(~atur~) COLLEEN M DONOVAN (Sigllatur~) <br />U Refer to the Addendum which IS attached and incorporated herein for additional Trustors, signatures and <br />acknowledgments. <br /> <br />ACKNOWLEDGMENT: <br />STATE OF Nebraska , COUNTY OF Hall } ss. <br />(Indivirllwl) This instrument was acknowledged before me this t1e...... day of Notle.~v <9-00(,- <br />b}r TIMOTHY A DONOVAN AND COLLEEN M DONOVAN, HU~SAND WIFE <br />My commission ~xpJrt~s / /) <br />GENERAL NOTARY. State of Nebraska 7.("~.~ <br />. " RONALD H. BIE NBERG <br />(S~al) Exp () (Notary Pu lIe) <br />My Comm. . <br /> <br /> <br />STATE OF <br />This instrument was acknowledged before me this <br />by <br /> <br />, COUNTY OF <br />day 0 I' <br /> <br />} ss. <br /> <br />(BlI~jness <br />or bnt][y <br />At:kllowledp.ment) of <br /> <br />(Title(,1I <br /> <br />(N,lJne oj" BIJ.~illt~.~.~ or Entity) <br /> <br />a <br />My commission expires: <br />(S~al) <br /> <br />on behalf of the business or entity. <br /> <br />(Notary Public) <br /> <br />~~.M 01993 Bankers Systems. 1100" Sl. Cloud, MN Form AG/CO-DT-NE 1/30/2002 <br />S-C164(NEl (0307) <br />@ <br /> <br />pa.cJl.' 6 olB <br />