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<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. 'i'he 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 />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 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 />El Construction Loan. This Deed of Trust secures an obligation incurred for the construction of an improvement on
<br />the Property.
<br />0 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 />0 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 />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 />El 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 />29. OTHER TERMS. If checked, the following are applicable to this Deed of Trust:
<br />0 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 />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 />0 Additional Terms.
<br />----------------------- - - - - --
<br />DESIGNATION OF HOMESTEAD
<br />Pursuant to the Farm Homestead Protection Act, designation of homestead0 is attached to this Deed of Trust and made a
<br />part hereof has been disclaimed; the disclaimer is attached to this Deed of Trust and made a part hereof.
<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 />El Actual authority was granted to the parties signing below by resolution signed and dated -------------------------------------- .
<br />ENCINGER PROPERTIES II, L.L.C.
<br />Entity Name:
<br />Entity Namt
<br />s-- ----------- ---- ----
<br />(Signature)TH MAS E BABE , MEMBER
<br />-- ------ ----- - - -- -- ------------------
<br />- -- ---------------------------------------------------
<br />-- - - -- ---- ------ A- 'few- 4_,e-- ----------------------------------------------------- -------------- - -- - -- - - - - - --
<br />(Signature) WES Y M ENCING , MEMBER (Signature)
<br />0 Refer to the Addendum which is attached and incorporated herein for additional Trustors, signatures and
<br />acknowledgments.
<br />ACKNOWLEDGMENT:
<br />STATE OF COUNTY OF -- } ss.
<br />(Individual) This instrument was acknowledged before me this ................... day of --------------------------------------------------------------
<br />by
<br />My commission expires:
<br />---------------------------------------------------------------------------------------------
<br />(Seal) (Notary Public)
<br />STATE OF_ ??ebraska ------------------ ------------------------ - , COUNTY OF -Hall- - - -------------- } ss.
<br />---------------------- - - - - --
<br />This instrument was acknowledged before me this 18th day of January 2005 ___ ______ ______________
<br />byTHOMAS E BABEL MEMBER, WESLEY M ENCINGER MEMBER
<br />(Business of ENCINGER PROPERTIES II, L.L.C., A NEBRASKA LIMITED LIABILITY COMPANY
<br />or Entity
<br />Acknowledgment) - - - -__
<br />a Limited Liability ________ on be if of tL?� business or entity.
<br />------------ ( - - - -) -------------------------------------------- - - - - -- _ ------
<br />My commission ex Tres:
<br />seal GENERAL NOTARY State of Nebraska
<br />- -� - -
<br />DICK D. NIETFELD - - � -L - --
<br />tary ublic)
<br />My Comm. Exp. Jan. 20, 2005
<br />i
<br />�MD 1993 Bankers Systems, Inc., St. Cloud, MN Form AGICO -0T -NE 1/30/2002 page 6 of 6
<br />(0- C164(Nq (0307)
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