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HomeMy WebLinkAbout20074954NUM PGS "t" DOCTAX.p: ~ CK# ,,,'.~i,,~~~.~~ ,-~~F .„ FEESs~LiZt,rD f, ~ ~ ~ > GK# 20074954 CHC~~Z~ACCT __ss / RETFEES: CASH_ .~U~ RECD .- ' RETURN [ ~~~rl~ ~~ NUM RD: COMP ~~)Q~~%~~~ " COMPARE =/s~~---- CADAS --'" A0~ ADAMS i0E NTY, NE INSTN~~ ~~~~~ Date!/~ST-D7;Tim' :e i 31,~; TER OF DEEDS WHEN RECORDED MAIL TO: FIVE POINTS BANK OF HASTINGS MAIN BANK ~ 2815 OSBORNE DRIVE WEST HASTINGS. NE 68901 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $245,915.50. THIS DEED OF TRUST is dated October 30, 2007, among GALEN H WINKLER; A SINGLE PERSON ("Trustor"); FIVE POINTS BANK OF HASTINGS whose address is MAIN BANK, 2815 OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank of Hastings, whose address is 2815 Osborne Drive West, Hastings, NE 68901 (referred to below as "Trustee"1. CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in [rust, WITH' POWER OF SALE, for the benefit of Lender~as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Adams County, State of Nebraska: A tract of land located in the North 1/2 of the SW1/4 of Section 15, Township 8 North, Range 11 West of the 6th P.M., Adams County, Nebraska, said tract being more particularly described as 'follows: Commencing at the West 1/4 Cor. of Sec. 15, T8N-R11W of the 6th P.M., Adams County, Nebraska, running thence South 00°00'00" East (assumed bearings) and along the West line of the said SW1/4 a distance of 30.00 feet to the ACTUAL POINT OF BEGINNING; thence continuing South 00°00'00" East and along- the said West line a distance of 958.00 feet; running thence South 90°00'00" East a distance of 682.00 feet; running thence North 00°41'50" West a distance of 958.07 feet; running thence North 90°00'00" West a distance of 670.34 feet, more or, less, to the ACTUAL POINT OF BEGINNING, said tract containing a calculated area of 14.781 Acres, more or less, of which the Westerly 33.00 feet thereof is presently being occupied by a PUBLIC ROAD RIGHT-OF-WAY EASEMENT. The Real Property or its address is commonly known as 7480 N ROSELAND AVE, JUNIATA, NE 68955. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate S245,000.00. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present and future .leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (11 remain in possession and control of the Property; (21 use, operate or manage the Property; and (31 collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Trustor hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws, and 121 . agrees to indemnify, defend, and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three 13) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interes[~in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: i,~.w ,\. YI ~•. I. .. ..p t!( 5'P~yuS~~irf,E ttN/'G ... .. ._. ..i.: .:.. __.. "{ ~< ~' i ~ ` ~ ~ ~'"'~ DEED OF TRUST 2 O.0."7 4 c a N Loan No: 13719 (Continued) , .,.~...: ~..-r~;.':,:.Page 2 ,. .~ ..,~ d f Payment'Trustor, shalLpay'~when due land iri all events prior to delinquency) all taxes, special taxes, ~assessments;~.charges (including water'anil~sewerl,`fihes' and impositions levied against or on account of the Property, and"shall pay when due all claims for .work done on, or.~for.`servicesrendered or material furhished to the Property.'Trustor shall maintain the Property free of~all liens having priority rover, oiJeijual~fo'•tfie~iriterest of Lender under this.Deed_of.;Trust,,,excepf.for..the lien of taxes and assessmehts not due `and except as otherwise provided in this Deed of Trust. PROPERTY DAMAGE INSURANCE. The following provisions relating~to"insuring'the~Property are a part of this Deed of Trust. Maintenance of Insurance. ~ Trustor shall procure and'maintain, policies::of' fire insurance with standard extended coverage endorsements on. a replacement basis for the full~~irisuratile`walue`cdveiing all -Improvements oh-the ~Real'PFopertyy in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. 'Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender.. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender,, including stipulations that coverages will not be cancelled or diminished without at least ten 1101 days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other_ person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. LENDER'S EXPENDITURES. If ,Trustor fails IAI to keep the Property free of all taxes, liens, security Interests, encumbrances, and other claims, .(BI' to provide any required insurance on the Property, or ICI 'to' make repairs to the Property then Lender-may do so`.' If any action or proceeding is .commenced that would.materially.affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to; take any action that Lender believes to be appropriate to protect Lender's' interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the.lndebtedness.and, at Lender'-s option,.will IAI be payable on demand; IB) be added to the balance of the Note and be apportioned among and be payable with any. installment payments to become due during either (11 the term of any applicable insurance policy; or 121 the remaining term of the Note; or IC) be treated as a balloon payment which will be due and payable at the Note's maturity. WARRANTY;, DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this~Deed Hof Trust: Title. Trustor warrants that: lal Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and. accepted by, Lender in connection with this Deed of Trust, and Ib) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception.in the paragraph above, Trustor warrants and will forever defend the title to the Property against the lawful claims of all persons. EVENTS.OF DEFAULT. At tender's option, Trustor will be iri default under this Deed of Trust~if any of the following happen: Payment Default.' Trustor fails to make any payment when due under the Indebtedness. Break Other Promises. Trustor breaks any promise made to~Lender or fails to-perform promptly at thetime and strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust,-the No[e or in any of the Related Documents. Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after receiving written notice from Lender demanding cure of such default: 111 cures the. default within ten 110) days; or 12) if the cure requires more than ten 1101 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. lJpon the occurrence of any Event. of Default under any indebtedness, or should Trustor fail to comply with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise any one or more of the following rights and remedies: Acceleration Upon Default; Additional Remedies. If arty Event of Default occurs as per the terms of the Note secured hereby, Lender may declare all Indebtedness secured by this Deed of Trust to be. due and payable andthe same~shall~thereupon become due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: lal Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard'to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its own name or in the name of Trustee, and_do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection attbrneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of. any event of default, including the right to exercise the power of sale; Ibl Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the '~ 'covenants hereof; and -' Ic) Deliver to Trustee a written declaration of default and demand for sale and a written notice of~default and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the appropriate offices of the County in which the Property is located; and Id) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Nebraska Uniform Commercial Code. a~.~ ~t; s. sY"" ~~' ~ ~ ~ DEED,,OF TRUST 2 0 0'7 4 g 5 4 Loan No: 13719 ` `~~COntiriuf3d) ' Page 3. -~' ~ ~ -Foreclosure by Power of Sale. ~ If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the No[e and such receipts and evidence of expenditures made and secured by this Deed of Trust•as Trustee may require. lal Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after-such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Property at the time and place ~of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall -deem expedient, and in such order as it may determine; ate public auction~to the highest bidder for cash in lawfuf money bi~the~UnitedStates:payable at the time~of sale. Trustee shall deliver to such purchaser or purchasers thereof. its good and sufficient deed or deeds conveying the prdperty so sold, but without any covenant or warranty, express or implied. • The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor; Trustee, or Lender, may purchase at such sale. Ibl As may be permitted by law, after deductirig all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale"to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of'the Note not then repaid, including but not limited to accrued interest and late charges; (ii) all other sums then secured hereby, and liiil the remainder, if any, to the person or persons legally entitled thereto. lcl Trustee may in the manner provided by law postpone sale of all or any portion of the Property Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment ahd performance of any :-:-indebtedness or obligations secured by'this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by this Deed of. Trust may now dr hereafter be .otherwise secured,.whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether~by~~court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the .Related Documents to .Trustee or Lender or to which either of them may be otherwise entitled,.may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. Election of Remedies.. All of Lender's rights and remedies will be cumulative and' may be exercised alone or together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default a_nd. to exercise Lender's remedies. , Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and'a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this~Deed of Trust. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender. incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or~injunction),, appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to ,all other sums provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:.. "p~' , Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to;the,extent,no[`preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This-Deetl~of~Trust has been accepted by Lender in the State of Nebraska. Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of ADAMS County, State of Nebraska. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this, Deed.of Trust: .. Beneficiary. The word "Beneficiary" means FIVE POINTS BANK OF HASTINGS ,and its successors and assigns. Borrower. The word "Borrower" means GALEN H WINKLER and includes all co-signers and co-makers signing the Note and all their successors and assigns. ..:.:... ........... ~;, . ; _. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents: Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U. S.C~. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, casts and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision 3~~ DEED OF,TRUST Loan No: 13719 (COntlnued) Page 4 of this Deed of Trust, together with all interest thereon. Lender. The word "Lender" mean's FIVE ,POINTS BANK OF HASTINGS ,its successors and assigns. The words "successors or assigns" mean~any person or company that acquires any interest in the .Note. Note. The word' "Note" means the promissory note dated October 30, 2007, in the original principal amount of $245,915.50 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations ' of, and substitutions for the promissory note or agreement. The maturity date ofthis Deed of Trust is November 1, 2010. Personal Property. The words "Personal Property" mean all equipment,. fixtures, and other articles of personal property now or hereafter owned by Trustor, antl now or hereafter attached or affixed .to the Real-Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property;' and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean tall promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and. future rents, revenues, income, issues, royalties, profits., and other benefits derived from the Property. Trustee. The word "Trustee" means Five Points Bank of Hastings, whose address is 2815 Osborne Drive West, Hastings, NE 68901 and any substitute. or successor trustees. ~ ~ -~ ", Trustor. The word "Trustor" means GALEN H WINKLER. TRUSTOR ACKNOWLEDGES HAVING.READ ALL THE PROVISIONS~OF:THIS DEED OF TRUST, AND TRUSTOR AGREES.TO.ITS TERMS. TRUSTOR: ~.,~ ~~EE.. WINKL~R INDIVIDUAL ACKNOWLEDGMENT STATE OF NC/>rr5(fp I / ISS COUNTY OF ~rJ`r+j I On this day before~me, the undersigned Notary Public, personally appeared GALEN H WINKLER, A SINGLE PERSON, [o me known to be the individual described in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned. ac~~ Given under my hand and official seal this ~©'t h day of , 20 y BY ~ ~~ / Notary Pu lic inGand/ for the/$~ate orf J/C• n+~l~s GENERALNOTARY•SfaleofNebreaka Residing at ~~~7 r~S%~'^~~y/// W~'~ TBfry R. Allstl0e ~ My commission expires ~~ 7 ~p2 (~ My Comm. Exp. August 8, 2008 REQUEST-FOR FULL RECONVEYANCE ITo be used only when obligations have. been paid in full) To: ,Trustee ' The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upgn payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed ofTrust (which is delivered to you together with this Deed of Trustl, and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: lA$EP pNO I,nEY,p•VV. 6.J].W.COJ Cop,. NarImE FY„nC1.1 $eYlion,•Ine. 199], 3M]. All Ry6l, RSU,v,J. ~NE C:\CFI\lPL\fA1.FC TR~1]I<6 PR~I6 ` ~ V