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<br />( <br /> <br />200707644 <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 />28. U.C.C. 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 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 />o 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 />o 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 detIned 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 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 sufficient <br />as a financing statement. <br /> <br />29. OTHER TERMS. If checked, tlle following are applicable to this Deed of Trust: <br />o Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be <br />reduced to a zero balance, this Deed of Trust will remain in effect until released. <br />o 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 law. <br /> <br />o Additional Term.,. .................................................................................................................... <br /> <br />............................................................................................................................................. <br /> <br />DESIGNATION OF HOMESTEAD <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 0 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 1. <br />o Actual authority was granted to the parties signing below by resolution signed and datedO.S/.17./.2QO.7.................. . <br /> <br /> <br />y.-,7-4-()7 <br />..........................f....... . <br />(Date) <br /> <br />Entity Name: ......................................................... <br /> <br /> <br /> <br />(s;;,;;.~;;;~;.~.......8~21;,;q,7 <br /> <br />(Signature) (Date) (Signature) (Date) <br /> <br />o Refer to the Addendum which is attached and incorporated herein for additional Trustors, signatures and <br />acknowledgments. <br /> <br />ACKNOWLEDGMENT: <br />STATE OF ..I':l.e.b.rask.a......................... , COUNX.j;PF ....M.e.r.r.ick............................. } ss. <br />(Individual) This instrument was acknowledged before me this ....~~........... day of...Aug.u.s.t."...2D.O.7...................... <br />by ..T. Q Q Q.. .F..rJ.e 5 .e.n.. .a.nd.. L.ox. i... P. f.e.i.f.e r..,.. .b.u.s. ...a n d.. .w.i .e................................. <br />My commission expires: <br />(Seal) ~fNEIW. IInT.ARY No. ........ <br />'1\1 . ->lOW of Nebra <br />LYNN KEMMEr <br /> <br />STATE OF .k't?...................~~~..~..~~.~O 2 _ _~O? ...JI.<t/I....................')-f....... } ss. <br />This instrument was acknowledged before me this........l=?'......... day of...a tl.J.. ..d.~./........................ <br /> <br />by ................................................................................................................................ ......... <br /> <br /> <br />(Business <br />or Entity <br />Acknowledgment) <br /> <br />. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . <br /> . . . . . . . . . . .. . . . ... . . . . . . . . . . . . . . . . . . . . . .. (Title(')) <br /> <br />of ................................................................................................................... (NalTIe of Business or Entity) <br /> <br />a ............................................................................................... on behalf of the business or entity. <br /> <br />My commission expires: <br />(Seal) <br /> <br />(Notary Public) <br /> <br />F~ @ 1993 Bankers Systems, Inc., St. Cloud. MN Form AG/CO-DT-N~ 1/30/2002 <br /> <br />page 6 of 6 <br />