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HomeMy WebLinkAbout20074942NUM PGS~ DOC TAX CK# FEESoZD•S P ~~` CK#.~~.Q~L CHG ACCT# RET REES:. CAS -R..D. CK . RECD Rr_TUR^r .~vi ~l~l~~l~W~IN~~W NUM ~uMe~irlJs /4c1„1, RD. COMP Y ~/ /d=.ZoZ COMPARE ~n CADAS - AO ~ ADAMS COUNTY, NE FILED INST. N0.-~.fl,~11_4,9 4 2 Date /- .d :"Tme D: S/=.. t~' 8~o~~r~aonJ REGISTER OF DEEDS Stale of Nebraska ~ Space Above This Line For Recording Dala DEED OF TRUST (With Tuture Advance Clause) ^ Construction Security Agreement ^ Master form recorded by ............................: 1. DATE AND PARTIES. 'the date of this Deed of 'Trust (Security Instrument) is 11~02~2007 ........................:...................... and the parties,. their.xddresses.and tax identification numbers, if_required, are as follows: TI2USTOR: TODD D. JONES and JODINE L. JONES, Hushand and Wife 900 N BRIGGS AVE HASTINGS, NE 68901 ^ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and acknowledgments. TRUS'CEE: Heritage Batik 800 W 3rd Street ast ings, NE 88901 „ BENEFICIARY: Heritage Bank Organized and existing under the laws of the state of Nebraska 800 W 3rd Street P.O. Box.:149 Hastings, NE 68901 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, anti to secure the Secured Debt (defined below) and Trustor's performance under this Security Instrument, Trustor irrevocably grants, conveys and sells to Trustee, in truss for the benefit of Beneficiary, with power of sale, the following described ProPertY~ LOT TWENTY~1 HREE 1231, CAMPBELL'S ADDITION TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA ~'~ ,:~) i li„ ...j :ib~: ' rr/~ ~ ,. ..,.: ,. ..~. .. ... ,. .. .. .,.a ... The property is located in ............... ARAMS.............................. at 900.N.BRIGGS AVE (Cowrty) ............................................................. ....................HASTIN.GS.............:......, Nebraska ........6890.1.......: (Address) (City) (ZIP Cale) 'Together with all rights, easements, appurtenances, royalties, mineral rights, ail and gas rights, all water and riparian rights, ditches, and water stock and all existing and future hnprovements, structures, fixtures, and replacements that Wray now, or at any tune in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMiJM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 2.0,3p;3;S,0 ......................................... This limitation of amount does not include interest and other fees and charges validly rnxde pursuant to ibis Security Instrument. Also, this limitation does not apply to advances made under the teens of this Security Instrument to protect Beneficiary's security and to perfornt any of the covenants contained in this Security Instrument. 4: SECURED DEBT AND TiJTURE ADVANCES. "I'he temt "Secured llebt" is defined as follows: A. Debt incurred undea.tbe [enns~of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions; renewals, modifications or substitutions. (11~hen referencing the debts below it is suggested that you include items such as. borrowers' names, note mnounts, interest rates, maaurity dates, etc.) NEBRASKA -DEED OF TRUST INOT FOR FNMA, FHLMC, FHA OR VA USE) (page 7 of 4J Pgry_M ©7994 Bankers Systems, Inc.,'St. Cloud, MN Form RE-DT-NE 1/30/2002 ~,l' ~ t l /~~ A ' 2 0 0'7`'4 9 4 2=~ B. All future advauces from Beueficiary to Trustor or other future obligatious of Trustor to Beneficiary uuder any promissory note, contract, guaranty, or other evidence of debt executed by Trustor iu favor of 1eneficiary after this ` Security Instrument whether'or noCthis Securitylnstiumeut is specifically referenced. lf.itiore'than one person signs' this Security `Itistruineut!; each Trustor; agrees that this Security Itistrmnent will. secure all'Tuture''adv~tnces'and ftituie ' obligxttons"tliat'are~givem toror'iuctirreil 6y auy~oue'or`more Trustor, or~'any.one or''iiiore`Trustor xnd'titliers: All' {' 'future advances'atid other future obligations are secured by`ihis'Security'[nstrutneut eveuthough'all or part mxynot " ~ yet be advaheed. Al(~;futurc advauces •and oilier future obligations Fare secured'as tf made"~on"the'tlate'of this"Securltp' Instrtment, Nothing in this Security. lustrunteut shall constitute a cortunittnent to make additional or future locus or ., , advauces iu any unount. Ahy such connniunent must be agreed to in a separate writing.' ~ - " ' " , C. All obligatious Trustor 'owes to Beneficiary, which may later arise,'to'the'extenf not profiibited by taw,'including, but not luuited to, liabilities for overdrafts relating to auy; deposit account agreement between Trustor and Beneficiary. ~ D. All additional sums advanced and expeuses_incurred by Beneficiary for iusurin_ g, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Beneficiary uuder the terms of this Security [nstrument.. 'This Security Instrument will. not secure auy other debt if Beneficiary fails to give any required notice of the right of rescission. 5'. PAYMENTS: Trustor agrees that all payments uuder the Secured Debt will'be paid when due and.in'acccrdance with the tuns of the Secured Debt and this Security Llstrument. 6. WARRANTY OF TITLE. 'Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grout, convey, and sell t(ze Property to Trustee, in trust, with power of sale. 'Trustor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Trustor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Beueficiary any notices that 1'ruslor receives front the holder. C.Not to allow'xny'modification or extension'of, hor to iequcst any future advances under:'any note or agreement secured,by ihe:lien document without 13eueficiary's prior writtedconsent; S. CLAIMS~AGAINST!TITLEi~+'Trustor wilt pay-all taxes, assessments, liens; 'encuirtbrances, -lease' paytltents 'g~oundcreitts; •~ utilities,:. and: other-+chargesrelating to tfie Property when due: Beneficiary-may=iequire Trustor tb~ provide to Beneficiary copies of~ ally notices thou such' amouius• are'due and the receipts evidencing •Tiustor's payritentr• TNstor''wilf defendrtitle'ao ' the Property. against• any': claimsr that would hnpait•~ihe lien' of. this Security Instrument.`'1'ru"stor'agrees` to .assign:•[o ' • Beueficiary,~'as .requested by• Beueficiary, any rights, claims or defenses Trustor may have against parties who supply labor or materials to maintain or improve the Property... ~ . 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due dud payable upon the creatio^ of, or contract for the creation of., any lien, eucumbrauce, transfer or sale of the Properly. 'Phis right is subject to the restrictions hnposed by federal law (12 C.F.R. 591), as applicable. Phis covenant shall run with the Property and shalt remain. in effect until the Secured Debt is. paid. in full and. this Security instrument is released. 10. PROPERTY`CONDITION, ALTERATIOhfS AIvD>`INSPECTION'Trustor`will••kecp~tile Property iu good con~itiou and make all repairs that are reasonably necessary.. Trustor shall not connnit or allow any waste, hnpairntent, or deterioration of the Property. "Trustor will keep the Property tree of noxious weeds and grasses. Trustor agrees that the nature of the occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit xny change in auy license, restrictive covenant or easement without Beneficiary's prior written consent. 'Trustor will notify Beneficiary of all demands, proceedings, clahus, and actions against Trustor, and of any loss or datuage to the Property. _ Beueficiary 'or Benefict~iry's agents titay, at Beneficiary's option, cuter the Property at riny reasopatile-.tune for the purpose P b P Y~ r7' g P P. P Y P uefit and Truslorbwtll iur~osway celytoii 73enefie ary's'nuspectuon on Sof the t'Prop`ertyeshall be'eiiurely forABeucf cary s sbecifymg .; , - ,; 11. AUTHORITY'TO'PERFORM'1P Trustor fails to perform any'iiuty or any of the eovenan'ts eontAmed m t1iiS Security .. In'stiumeni, Beneficiary'' mxy, without notice; herfoint or cause them to be performed. Tru`stdr' appoints' Benefictary.`as, xuorney i^ fact to' sign Trustor's niuiie or pay any amount'necessary for performance'. 'Benefictarys' right to' peiforin -for 'Trustor shall not crease au obligation to perfotnt, and Beneficiary's failure to perform will noi'preclude Beneficiary from exercising xny of Beneficiary's other rights uuder the law or this Security Instrument. If any construction ou the Property is discontinued or not. carried ou iu a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys, to Trustee, iu trust for the benefit of Beneficiary as additional security all the right, title and interest iu the following (all referred to as Property): existing or future leases, subleases, licenses, guaranties and auy other written or verbal agreemeiils for the use and occupancy of.the Prboerty, including any extensions, renewals, modifications or replacemenis (all referred to as Leases); and rears, issues and profits (all referred to as Rents). In the event any item listed as Leases or Rents is detemiined to be personal property, this Assignment will also be. regarded as a security agreement. Trustor will promptly provide Beneficiary with copies of the Leases and will certify these, Leases are true and correct. copies. The existing Leases will be provided ou execution of the Assignnteut, and all future Leases and any other infonnatiou with respect to these Leases will be provided hnntediately after they.are executed. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is noun default Upon default, Trustor ..will receive any Rents in .trust for Beneficiary sand will not comntiugle~dte,Rents with any other funds. Trustoragrees.dhat this Security Instrument is ntmtediately effective between 'Trustor and Beneficiary and effective as to third parties on the recgrding of.this Assigmnenh:-Arlongas~this Assignment is in effect, Trustor warrants and represents:ahat:uo,default exists:under tGe'Leases, and ihe'pariics subject to the Leases have not violated any applicable law's .. „_.. ~.,~- on leases, l(cenccs audlandlords~and teuantr , ; "",. :~, , ~ -:;:~., ,;, :, , , ,.':.. •. 13: ,LEASEHOLDS; r. ;CONDOMINIUMS, PLANNED ~ UNIT - DEVELOPMENTS ''!Trustor '.agrees "to "comply', with -the ;' proutsionsrof any:Iease~if thisaSecurity~InstrutiienL is oma'leasehold!..'If the Property includes a amt m A coudomiiiiugt or a plauned:uuit developmeutd,Trustonwill perfornt,alL of 'Lrustocs..duties•.uuder'the covenants 6y=laws ot'regulauons of the ' ,~ , ,, condominium or, planned unit development: ~ ~ .t": ~.~k,.:,_ (_ `. :. ,.,. (JLfLM ©1994 Bankers Systems Inc., St. Cloud, MN Form RE-DT-NE 1/30/2002 ~ +'0 TEA - ..~ '.. A .. ... '' ~:ii li'a L!Liro .. 1 ~ ' . r. , 0 ~~ 1 1:, : ,: t ~ I ,:2' 0'4942 9 ~ I t l t:", ~ r'r t = _... 1..._ '_.w_..: i 14. DEFAULT. Trustor will be in default if any party obligated ou the~Secured Debt fails to make payment when due. Trustor will be in default if a breach occurs under the teens of this Security Instrumeut or any other document executed for the purpose'oP creating, securing oc guarantying •the Secured Debt. A good faith belief by Beneficiary that Beneficiary at any thee.. is.iusecure with respect;to.any:person or.entity;. obligated omthe Secured Debt or shat thes,'prospect of auy payment or ~. the value of the`-Property istitnpaired'sltall.also"constitute au-evenGOf default:. ~; I ' ~ _~'- ,15.; REMEDIES>..ON: DEFAULT; iu~ ome•:lustauces,.~:fede~al,and'state'•law.rwill 2eyuire.Beneficiary`to~`provide' Trustor with • notice:ofithe>.right;.to;~cure:.or~other,notices and may establish time schedules for foreclosure actious. Subject to these rlimitalions;~,if:~any;;Beueficiary may!accelerate-the Secured Debi anil foreclose this Security Instrumeht~iu xittauner provided by law.if.Truslor. is in default. -. At the oplio^ of .Beueficiary, all or auy paR of the agreed fees and:charges; accrued'-interest°•,and principal shall become immediately.. due .stud .payable, after giving notice if reyuired by law, .upon. the occurrence;, of ,a default or auytane lhexeafter.: Iti addition, ~Beneficixry shall be entitled to all the remedies:provided by law;'the:Eenits of the Secured Debt, this Security: Instrument and any related documents,. including without lintitatiou, the power to sell the Property. If there is a default, 'trustee shall, in addition to any..other permitted remedy, at the reyuest.of the Beneficiary, advertise and sell the Property as a.whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear. of all right,' title and interest of 'Trustor at such tune and place as Trustee designates. Trustee shall give notice of sale including the tune, tents and place of sale and a description of the property to, be sold as r_eyuired by the applicable law iu effect at the tune of the proposed sale.' ' Upo^ sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beueficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and iuterest thereon, and the principal and iuterest ou the Secured Debt, paying the surplus, if auy, to Trustor. Beneficiary may purchase the Property: The recitals iu any deed of conveyance shalt be pruna facie evidence of the facts set forth therein. All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Beneficiary of any'sunt in payment or. partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute.. a waiver of Beneficiary's right to'require'complete biire'of any. existing`tlefault:"By 'not exercising ariy remedy on'Trustor's ''default; Beueficiary. does.notwaive Beneficiary's right to later consider the even[ a'default if iccontinues or happens again: " 16. ~ EXPENSE_ 5;.: ADVANCES = ON COVENANTS; ATTORNEYS' .FEES; COLLECTION COSTS. Except when rohibited b law, .Truslor.a sees to , a all' of `Beneficia 's' ez eases iT Trustor breacfles"an coveuant'in this"Secant P Y' g P Y ry P Y Y Instruments Trustor'will also pay'ou demand any amount' incurred' by'Bene[iciary for in'suridg;, inspecting, pieservitig 'or otherwise protecting the Prolierry and Beheficiary's security interest. These expenses will bear itterest' from the date of the payment until paid in full at the highest interest rate in effect as provided i^ the [eons of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beueficiary,.in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security Instrumeut. This autount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrumeut shall remain in effect until released. Trustor agrees to pay for any recordation costs of such release. ~ ' 17. ENVIIiONMENTAL LAWS AND HAZARDOUS. SUBSTANCES. As used iu this section, (I) Enviromuental Law nteaus,:.withont:licit[ation;'the;Co:nprehergive-Envircomental•i:dspSUSe,-Ccripensauon and' Ltabiltry: ;~cC(CERCLA, 42 U.S.C. 9601 et sey.); and all other federal, state and local .laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, cuviromnent or a.hazardous substance; and (2) 1-lazardous Substance means auy toxic, radioactive or hazardous material, waste, pollutant or contatniuant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. 'the tent includes, without luuitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Euvironnteu[al Law. 'Trustor. represents; warrants'and agrees that. ° + '• ' ' " ' ~ '"' " ' "'' ' ~ - A,Except~as previoaslyi disclosed ahd acknoviledged in writing to Beueficiary; no Hazardous''Substance'is or'will"be ~.: '.~ ~ located; ~stoted:or~released o.n•'or~in'the Propertyi'~`I'his festiiction does•nor-applyito'~'small quantiues'OoT'Haiardous ;~ .srSubstances~thaf are generally recognized to be appropriate forthe ddrmal use'and`maiiitenahce%of the Property:" ' ' "' •" 13,;~Except•aslpreviously;disclosed+andackuowledged inwriting~to Beneficiary; •Trustor and"ev'e'ry-'teriaut have'beeii;"are, and-shall: remain-iu full:coinpliauce with'any'applicable EuviroumenlaU Law. C'.1'rustor shall inmtedialely notify Beueficiary• if a release'orYhreatened•release'of a Haiardous Substance `occurs on, under or about the Property ortheie is a violation of any Environmental Law concerning the Property. In such xn event; "Trustor shall take all necessary remedial action in accordance with auy Environmental Law. D. Trustor shall munediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of auy Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. 'Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other menus. Trustor authorizes Beneficiary to intervene in Trustor's uune iu auy of the above described actious or.:claans. Trustor assigns to _- Beueficiary the proceeds of`any award oi'ctamt for damages: counected`with' a:ciindeuination :o"r other'taking-of all or auy part of the Property. Such proceeds shall be considered payments and will be "applied as provided iu ibis Security Instrumeut. 'I'bis. assignnteut of proceeds is subject to the tents of any. prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Trustor shall keep Property insured against loss by fire, Bood, theft and other hazards and risks reasonably associated with the Property due to its type andlocatiou. This insurance shall be maintained in the arnounls and for the periods that Beneficiary requires. What Lender requires pursuant to the preceding sentence can change during the teen of the loan. The insurance carrier providing the insurance shall be chosen by "Trustor subject to Beneficiary's approval, which sliall -not be unreasonably withheld.' If Trustor fails to inaiutain''the coverage described` above',' Beneficiary may; at Beneficiary's option obtain coverage'to protect; Beueficiary s rights in'the'Propeily according to the terms of this Security All insurancepolicii 'aud''ienewals'Slia~l be acceplable'to'Beueftciary and "shall include a standard mortgage"clause' atid, where`'apphcabk ""loss' pAyee clause.' 'I rusior` shall uninedtatr,ly 'notify Benefctary` of cancellattou or`tetmtn~itiou" of `the insurxiice` Beueficiary shall,"'have'tGe nghf. fo hold"[lie 'policies `and"renewals':' [f Beneficiary requires Trustor 'sliall itrunediately'"give'Yo' Benefictary'' alt' receipts''of''paid'`preitiiuins and`reuewaf `hotices.'"Upon 'loss; •Ti•ustor''shalt 'gi4e mmtediate'uotice'to the iusuraitce cariier~and Beueficiary' Beneficiary tnayntake-proof'of loss if hot made iriiitiediately by 'Trustor... .. .:. -. ...-~ ~, ~ .. /page 3 of 41 ~t~M ©1994 Bankers Systems, Inc., St Cloud, MN Farm RE-OT-NE 1 /3012 00 2 a.'i t i .1 ; ~1 _~3 -1 I ~. ~~ rt ''~ - 3e~( 2~07494~2 Unless otherwise agreed iu writing, all insurance. proceeds shall be applied to the restoration or repair'~of the, Property or to the Secured Debt; whether or not then due, at. Beneficiary's option..Any, application- of proceeds to"principal shall not extend or postpone the due. date of the scheduled payment nor, change;the.amount..of any payn~cut.; Any excess will be paid to the,Grantor..If the Property Is ~acyuired. by;,Beneficiary, Trustor's right to any insurance policies and proceeds resuhing from d<utiage to the,.l?roperty,before. the ,ncquisition;shall,passlto Bcuefic.iary- to,t~e:exteut oP;the,Seeured.lllept unmedia[ely beforexhe, ac ulsluou , u:,. ;~ r. , ~ ,;r. ;. ± 20. ESCROW. TOR,.TAXES~ AND IIVSURAN,CE. Unless otherwise provided,, to d separate, agieemcut;; Trustor will; not ,be required to'pay to Beneficiary~ftinds foraaxes;and insurance in escrow , 21. FINANCIAL.REPORTS AND, ADDITIONAL DOCUMENTS. Trusto r..wdl provide.to Beneficiary. upon;reyuest,. any financial stateineut or iufortnation Beneficiary may,deem.reasouably.necessary.. Trustor agrees tq sign, deliver, and file any additional documents or certifications that Beneficiary Wray consider necessary to. perfect, continue, and preserve Grantor's obligations under this Security Instrument audBeneficiary's lieu status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Trustor signs this Security lustrument but does not sign an evidence of debt, Trustor does so only to mortgage Trustor's interest in the Properly "to secure payment of the Secured Debt and Trustor does not agree to be personally liable ou the Secured Dcbt. If this Security Instrument. secures a guaranty between Beneficiary and Trustor, Trustor agrees to waive any rigl>ts that may prevent Beneficiary from bringing any action or claun against 'Crustor or any party indebted under the obligation. 'these- rights may include, but are net limited to, any anti-deficiency or one-action laws. Trustor agrees that Beneficiary anil any party to this Security, Instrument may extend, modify or stake any change iu the terms of this Security Instrument or any evidence of debt without Trustor's consent. Such a change will not release 'Trustor from the terms of this Security Instrument. The duties and benefits of this Security Iustrmitent shall bind and benefit the successors and assigns of Trustor and 1eneficiary. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security [ustrument is governed by the laws of the jurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument incomplete and fully integrated. This Security lustrument may not be atucnded or modified by oral agreement. Any section in this Security Instrument,: attaclunents,. or any agreement related to the Secured Debt .that conflicts ,with. applicable law, will not be. effective,,unless.that law expressly or impliedly. pertnits the variations. 6y:written.agreement. If any.section.bf:this,;Security: Instrument cannot be enforced according to its terms, that section, will be severed and. will, noLaffect the enforceability, oP~tlte, remainder; of. this. Security Instrument:..W.heneyen used; the,singular.,shall ihclude"the plnrxl and the`plnral tfie singular. The captions and headings of the sections of this Security l ustrwnent. are. for .convenience. ,only .and . ate •, not . to,be ,used to, interpret , or define tlte~ ternts: of-;this- Security ~I ustrumeuL 1'inte is of the essence in this Security Instrument. ,...- ... ~ ,.; :...... .. :.. .. - _ ,. .... , 24. SUCCESSOR. TRUSTEE. ~.Beueficiary,,. of Beneficiary's option, may, from time to time remove Trustee and appoint a successor trustee, without any other fomtalily than the designation in .writing. 1'he successor-trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon 'I'rustce by this Security Iustruntent and applicable law. 25. NOTICE. Unless otherwise reyuired by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate. party's address ou page 1 of this Security Instrument, or to any other address designated in writing. Notice to one trustor will be deemed to be notice to alttrustors. . 26. WAIVERS: Except to the extent prohibited by law, Trustor waives all appraisemen[ and homestead exemption rights relating to the Property. 27. OTIIER TERMS. If checked, the following are applicable to this Security Instrument: ^ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured llebt Wray be reduced to a zero balance, this Security Instrument will remain in effect until released., ^ Construction Loan. 'I'bis Security lustrwnent secures an obligation incurred for the cousttuctiou of an unprovement on the Property. ^ Fixture Tiling. 'Trustor grants to 13eueficiary a security interest in all goods that Grantor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices, as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uuifonn Coinntercixl Code. O Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security [nstrmueut. [Check all applicable boxes] ^ Condominium Rider ^ Planned Unit Developnteut Rider ^ Other ........' .......................................... ^ Additional Terms. :" SIGNATURES: 13y signing below, Trustor agrees to Ute tenus and covenants contained in ibis Security Instrunteu[ and iu any attaclunenls. 'trustor also acknowledges receipt of a copy of this Security lustrument on the date slated on page 1. ~~~999NNN ... ... ...... (Signature) TOOD 0. ES (Date) (Si~lature) 0 NE L JON (Date) ACKNOWLEDGMENT: STATE OP Nebraska ...................................... COUNTY OP ..~~!-W'Yl'7....................................} ss. P"""'~~U) 'I'bis iustrumed[ was acknowledged before me this ........2nd........'day of ................NhVember.20D.7................. by TORD.O..JONES;.JO.DINE.L,.JONES,.HU.s.4and.andYYite ............................................................................... . My coimnissiou expires: /~ I I~I ~~ ' v G~J/ V otary Public) . sue/-/~=/ t=b~' ©7994 Bankers Systems, Inc., St, Cloud, MN Form RE-DT-NE 1/30/2002 _ ~~ (page 4 of 4) . GENERAL NOTARY-State of Nebraska CI ~.: LYNDSEYCRISS `.`.`~ z; < fR t •*'-'i:r ; My Comm. Exp. Sept. 13, 2008 } ~' "'` ""' ~ ~ ~ %'r1 ~.