|
<br />200701897
<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 flIst 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 />28. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Deed of Trust:
<br />D Construction Loan. This Deed of Trust secures an obligation incurred for the construction of an iniProvement on
<br />the Property.
<br />D 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 />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 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 defmed 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 ftled 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 Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may
<br />be reduced to a zero balance, this Dced 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 />DESIGNATION OF HOMESTEAD
<br />
<br />Pursuant to the Farm Homestead Protection Act, designation of homesteadD 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 />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 />[i] Actual authority was granted to the parties signing below by resolution signed and dated _________9_~JQU~QQ1________.
<br />ROCKFORD PROPERTIES LIMITED
<br />
<br />..~,~:o/~N:"'~~~R:;L:s~':ml1_ ~ ~'n'_'n__m - n~mltmnmu~
<br />noon nnn _ _. _n n_n .n_~~_
<br />.. _ ~. _ __. 9~9!Y-' ON,OeneralP ne!__
<br />
<br />Entity NWD(
<br />
<br />-
<br />__ _ _ _ _ _ __ _ _ _ _ _ __ ___ _ _ _ __~_ _ _ ___ __ _ r_ __ __ r_~ _ _~ W 7 _ _ _ _ r _ _ _" _ _ w ~ _ _ _ _rn m __ _ __ _~ __ _ _ _ _ ___
<br />
<br />(Siguature)
<br />
<br />__ ~ __~__ __ _ ___ _... _ _~_ _w _ __ ..______ _ __ __ _ _ _ __ _ __... __ _____ ___ _ ___ _ _ _ ~ ~ ~~ ~__; ~~~~ y ~ ~_ ~ __
<br />
<br />(~ature) RICHARD} ~<;K. .I're,s.lSecrty. (Signature)
<br />LJ Refer to the Addendum which is attached and incorporated herein for additional Trustors, signatures and
<br />acknowledgmen!s.
<br />
<br />J
<br />
<br />ACKNOWLEDGMENT:
<br />
<br />STATE OF U___n____n_______n""n_"_"n____"___.________________ , COUNTY OF n_n_nnn_n_n_nnnnnnn_nnuu______n___________} ss.
<br />(lndividQ~) This instrument was acknowledge~ before me this _m,mmmnm day of nmnnmnnmnmmmmnmmmnmnu_m_.__n
<br />by- -- ---- .-
<br />My commission expires:
<br />
<br />(Seal)
<br />
<br />00 nn n n_ n. - .-- n _.n -. - - - - - - -" -. -. - n - (NotiiiY -Piibli;;)" -".".. _ _.. __ -. _n_ -. -....-- - -....
<br />
<br />-,
<br />~ -
<br />
<br />STATE OFJ'!l;l.I;:l.J;_1;l_~~~m_'u__nn__________________m._________ , COUNTY OF ~.~J_!mn___mnmnnnmnmmmmm_mm } ss.
<br />Thi~~~ment was acknowledged before me this _!:l.~mmmnn day of ~_:;'g.~n~QQL"un_._____~~____________________.___.
<br />by: ._ . D] MJ:>I~~c:K, ~res.lSecrty. of TRIAD INVES~TS_CORPORAnO~. a geueral Partner .
<br />of ROCKFO ROPERTIES LIMITED PARMRsH:tP, A NEBRASKA LIMITED PAR'l'NERSHI
<br />
<br />
<br />tity.
<br />
<br />(Buslne..
<br />o. IlIldty
<br />^clrnowl~)
<br />
<br />C-07-03-004680
<br />
<br />~ 01993 BankBf$ Syatams, Inc.. St. Cloud. MN Form AG/CD-OT-NE 1130/2002
<br />~-C164{NE} (0307)
<br />
<br />page 60'6
<br />
|