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200906634 <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 />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 l 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 />2$. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Deed of Trust: <br />^ Construction Loan. This Deed of Trust secures an obligation incurred for the construction of an improvement on <br />the Property. <br />^ Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Trustor owns now or in the future <br />and that are or will become fixtures related to the Property. <br />^ Crops; Timber; Minerals; Rents, Issues, and Profits. Trustor grants to Beneficiary a security interest in all <br />crops, timber, and minerals located on the Property as well as all rents, issues, and profits of them including, but <br />not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar <br />governmental. programs (all of -vic$ich.slrall alsa~ be included in the te.*m "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 />^ 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 />29. OTHER TERMS. If checked, the following are applicable to this Deed of Trust: <br />^ 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 />^ 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 awn agricultural land as specified by law. <br />^ Additional Terms ..................................................................................................................... <br />DESIGNATION OF HOMESTEAD <br />Pursuant to the Farm Homestead Protection Act, designation of homestead ^ 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 />^ Actual authority was granted to the parties signing below by resolution signed and dated 0.7 L ~.0./. 2 A 0.9 .................. . <br />Entity Name: ... S 1C.$.1.1 ~....~ 17.C.. ............................... Entity Name: ......................................................... <br />~ n~.~.,,.,,,,.~~s-~--~.-~-... `~ -- I u- c_~~7 ....................................................................... <br />. ....... ......... <br />(Signature) E m a n u e l W. S k a l a (Date) (Signature) (Date) <br />President <br />....................................................................... ....................................................................... <br />(Signature) (Date) (Signature) (Date) <br />^ Refer to the Addendum which is attached and incorporated herein for additional Trustors, signatures and <br />acknowledgments. <br />ACKNOWLEDGMENT: <br />STATI: OF ........................................... .COUNTY OF ................................................ } ss. <br />nndivlaual) This instrument was acknowledged before me this .................... day of.................................................. <br />by ....................................................................................................................................... . <br />My commission expires: <br />(Seal) ..................................................................... <br />(Notary Public) <br />STATE OF Nebraska .. , ... ,COUNTY OF Merrick } ss. <br />.............. ................. ............................................. <br />This instrument was acknowledged before me this ..10 t, h..... , , , , , day of... , ~ u 1 ~_ ?_ .. 2 0 0 9 <br />.............................. <br />by ..E.m.~.nu~.l.. W.,...~ka.l.a,~„Pre.s.i.den,t, <br />..... . <br />............................................... ........... <br />cEosiress <br />or Entity ......Skala .....I. n C ............................................................................................ ........... cridecs» <br />Ackwwledgment) Of .............1..........r.....................................................~ ........ ....................... (Name of Rusinessor Entity) <br />a ... N e,b,r a s k a. „C, 0 r p o r.a.t i. o n .... on alf of the business or entity. <br />.................................. ....... <br />My commission expires: 11- 2 5 -12 <br />(Seal) ... ... ... ...... <br />GENERAL NOTARY- dale of Nedraslu -- ( . tart' Public) <br />V. ROBERT WATEFiMIW <br />My Carom. 6~. Nor. 25, 21!12 <br />~~ ®1993 Bankers Systems, Inc., St. Cloud, MN Form AG/CO-DT-NE 1 /30!2002 page 6 of 6 <br />