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<br />. <br /> <br />200700979 <br /> <br />..... <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 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 are applicable to, but do not lim it, this Deed of Trust: <br /> <br />o Construction Loan. This Deed of Trust secures an obligation incurred for the construction of an improvement 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 Protits. Trustor grant" 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 />govemmental 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 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 />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 the <br />Uniform commercial Code. A carbon, photographic, image or other reproduction of this Deed of Trust is <br />sufticient as a financing statement. <br /> <br />29. OrnER 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 />DESIGNATION OF HOMESTEAD <br /> <br />Pursuant to the Farm Homestead Protection Act, designation of homestead D 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 />SIGNA TURES: 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 ]. <br />D Actual authority was granted to the parties signing below by resolution signed and dated _,_,_,_,_,_,__,__,_,_,__,_,_,_,_______ <br /> <br />Entity Name: ----------------r?---- ----------~------ ------ . .----------- <br /> <br />_'J.4r:4 :,:------~~-----------" <br />) JULIO A RIVAS (Signature) <br /> <br />at~--S-~~~ '-, .;{/~~--------------- (Si-~~~t~;~i---- <br /> <br />Refer to the Addendum which is attached and incorporated herein <br />acknowledgments. <br /> <br />Entity Name: <br /> <br /> <br />for additional Trustors, signatures and <br /> <br />ACKNOWLEDGMENT: <br />STATE OF }q~_r_a,,~Jc<l_ _________________________, COUNTY OF H~.:!)-_________________________________ " <br />This instrument was acknowledged before me this ~~h____________ day of FE;!l:l_r_tla,,;r:y__~RR:?_________,_____ <br />by JULIO A RIVAS and JUDY SHEEKS-RIVAS, HUS:E;lUID-,~ WIFE <br />My commission expires: ..3 'J7- iXt:;t:j ''J p <br />, ,~~ <br />GENERAL NOTARY - State of Nebraska - - - - - -- -- -/' -- -- -- -- - -- - -- -- - - <br />JANICE K. BOEHLE //. <br />Comm. . March 27 2009 <br />STATE OF -----------------'", ',_______________________________ , COUNTY OF <br />This instrument was acknowledged before me this .. ,_______________ day of ___ <br /> <br />by ______________ ________________________________ ' __....____._________________________ <br /> <br />.___J ss. <br /> <br />(Individual) <br /> <br />(Seal ) <br /> <br /> <br />~~ <br /> <br />(Notary Public) <br /> <br />} ss. <br /> <br />(Business <br />or Entity <br />Acknowledgment) of <br /> <br />(Tille(,)) <br /> <br />(N<um: of Business or Entity) <br /> <br />a <br />----------------------- ---..--------------------------------..--- <br />My commission expires: <br />(Seal) <br /> <br />_ on behalf of the business or entity. <br /> <br />(Notary Public) <br /> <br />c-07-02-002310 <br /> <br />~01993 Bankers Systems, Inc" St. Cloud, MN Form AG/CO-DT-NE 1/30/2002 <br />.-C164(NE) (0307) <br />~ <br /> <br />page 6 of 6 <br />