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<br />200509466 <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 arc applicable to, but do not limit, this Deed of Trust: <br /> <br />[i] Construction Loan. This Deed of Trust secures an obligation incurred for the construction of an improvement on <br />the Property. <br /> <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 arc or will become fixtures related to the Property. <br /> <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 arc defined 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 <br />sufficient as a financing statement. <br /> <br />29. OTHER TERMS. If checked, the following arc 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 <br />be reduced to a zero balance, this Deed of Trust will remain in effect until released. <br /> <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 <br />law. <br /> <br />o 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 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 _________o_~!?~/2005_ <br /> <br /> <br />:=ti~~::~:uu...u....... <br />, J~--- ---L/h ,~/i'')) {d <br />- Ii il"-'-- -- -- -- ---1fi;fe~ -- -- -- - ---- <br />STIN M RIEDY, MEMBER (Signature) <br />ORe' to the Addendum which is attached and incorporated herein for additional Trustors, signatures and <br />acknowledgments. <br /> <br />Entity Nam( <br /> <br />(Signature) <br /> <br /> <br />ACKNOW~~~~~~~~:_Il)'_~r-~~K~:__________2. C~~F mmm mu u. mu"""'umm.... .ml ". <br /> <br />(lndjvidu.l) This instrument was acknowledged before me this __ ,_.:L~r-e-ay of ___ ,- _______ __~___L-r~,__, ~_ --i).{)$.- <br />br <br />My commission expires: <br /> <br /> <br />(Seal ) <br /> <br /> <br />(Busilles,s <br />or cl1tity <br />Ackll()wledglTletll) <br /> <br />STATE OF Jq~~;'_l1l_l[l~~______________________________ , COUNTY OF Ii_a,l.l'-________________________________________________ } ss. <br /> <br />This instrument was acknowledged before me this 2_3_r_cJ,__d _ _ day of .s~p~el1ll::l~r_ 20()~_______________________________ <br /> <br />by ROBERT D RIEDY MEMBER, KRISTIN M RIEDY MEMBER <br />of NORTHSTAR PLAZA, L.L.C., A LIMITED LIABILITY COMPANY <br /> <br /> <br />~ 01993 Bankers Systems. Inc.. SI. Cloud. MN Form AGlCO-DT-NE 1/30/2002 <br />G-C164( NE) (0307) <br />@ <br /> <br />pagE> 6 of 6 <br />