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HomeMy WebLinkAbout20074962NUM PGS DOC~TyyA~X ~~ ~,, ~,, CK# FEESQIQ.,S, I~PD~CK # CHG ACCT ~ y' S RET FEES: -..CASH _~ R.O.D. CK#~,,,..T RECD r! RETURN I~'6~V~NIVI~I~IY'N NUM Pg,I/h e.:s ~/,y I"/asc~cf"/~~,~ RD. COMP;,X ~` 5!'3;3 COMPARE ~ ~ - ADAMS COUNTY, NE FILED INST. NO.~`~„0~9 ~ 2 Date ~~ ~D~ lime '/7 TER OF DEE~~ CADAS "--' AO WHEN RECORDED MAIL TO:' - HASTINGS STATE BANK " MAIN BRANCH 530 N BURLINGTON PO BOX 2178 HASTINGS. NE. 68902 FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated November 1, 2007, among MARK T JENSEN and PATRICIA ANN JENSEN; Husband and Wife ("Trustor"-; HASTINGS STATE BANK, whose address is MAIN BRANCH, 530 N BURLINGTON, PO BOX 2178, HASTINGS, NE 68902 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and HASTINGS STATE BANK, whose address is 530 N. BURLINGTON, HASTINGS, NE 68901' (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, 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, (th@ "Real Property") IOCated. in ADAMS County, State of Nebraska: THE EAST SEVENTY-SEVEN (E 77) FEET OF THE NORTH HALF (N 1/2) OF. BLOCK ONE 11 ), D.W. PALMER'S PROSPECT PARK ADDITION TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF The Real Property or its address is commonly known as 615 CRANE AVE., HASTINGS, NE 68901. The Real Property tax identification number is 284-7096. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Trustor to Lender, or any. one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is requiredto give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given. ~ - Trustor presently assigns ~to Lender~lalso 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 IA) PAYMENT OF THE INDEBTEDNESS AND (B) 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; 12) use, operate or manage the Property; and. 13) 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 alien 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 sumssecured 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 131 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 interest 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: Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over 'or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the l•. , /~ DEED OF TRUST 2i ®o ~ 4 e7 6 2 Loan No: 4119590 (Continued) Page 2 Existing Indebtedness referred to below, 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 insurable value covering all Improvements on the Real Property 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 170) 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. It Trustor fails IAI ~to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, IBI to provide any required insurance on the Property, IC) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, 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 Indebtedness and, at Lender's option, will (A) be payable on demand; (BI be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either 111 the term of any applicable insurance policy; or 121 the remaining term of the Note; or ICI 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 of Trust: Title. Trustor warrants that: (a) 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 the Existing Indebtedness section below 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 Ibl 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. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The lien of this Deed of Trust securingthe Indebtedness may be secondary and inferior to an existing lien. Trustor expressly covenants and agrees -to pay, or see to the payment of; the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. EVENTS OF DEFAULT. At Lender's option, Trustor will be in 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 the time 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 Note 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 insolvehcy laws by or against Trustor. ' Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party 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. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required~by the promissory note evidencing such indebtedness, or a default occurs under the instrument, securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. Right to Cure. If any default, bther 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: (1) cures the default within twenty 1201 days; or 12) if the cure requires more than twenty (20) 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. Upon 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 any 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 and the same shall thereupon become due and payable without any presentment, demand, protest or,notice,of any kind. Thereafter, Lender may: la) 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,renter•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 attorneys' fees, to ahyindebtedness'secured' liy•this Deed of Trust all in such,order as r Lender-may'determihe`_. ~T,he entering upon and taking possession of the Property, the,colleotion`of_sucF%r~n~s issues and ." -' ~~ ~--profits,-~andrthe~applicatign thereof shall not cure or waive any default or notice of default under this Deed, of Trust or . ,,.,.. invalidate•.ahy act dohs in response to such default or pursuant to such notice of default; ahd,"'notwifhstariding~~,ther ' ~ corifiniiance' iri~ possession of the Property or the collection, receipt and application ofi"rents, fssues bra pr`ofits?~ Trustee or . ~ ~~~~~-~- :._ .Lender, shall be entitled to exercise every right provided for in the Note or the Related Dgq}~pe„r~js,_9.L„by laVy_Ilppra,,..the.:. occurrence of any event of default, including the right to exercise the power of sale; Ud _ ~.;~'~-`-" _. ..... ., _.. .. r..~ i at~ ~ Loan No: 4119590 DEED OF TRUST (Continued) 200'4962 Page 3 (b) Commence,an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants hereof; and ' lcl 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 (dl With respect to all or any part of the Personal Property, Lendershall'have all the rights and remedies of a secured party under the Nebraska Uniform Commercial Code. 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 Note 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 fecorded, 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 requif"ed 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, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser~or purchasers [hereof its good and sufficient deed or deeds conveying the property 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. (b) As may~be:,permittgd, tiy; law„after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of'titl'e~iri~'coiiriectioii with'sale,'~TruStee shall apply the proceeds of sale to payment of lil all sums expended under the terms of this Deed dffTrilstidr.~dndeY the 'terms of the Note not then repaid, including but not limited to accrued interest and late charges;rlaii),~,alb,other.s,ufns;;thensecured hereby, and (iii) the remairider, if any, to the person or persons legally entitled thereto. Icl Trustee may in the manner provided by law postpone sale of all or any pprtion of the Property. Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and 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 or 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 and 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: Governing Law: This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the 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 HASTINGS STATE BANK, and its successors and assigns. Borrower. The word "Borrower" means' MARK T JENSEN and PATRICIA ANN JENSEN 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 end 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, e[ seq. ("CERCLA"1, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, 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. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Deed of Trust.' ' Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. 3~ y , I .v ry4 . 20074962 DEED OF TRUST Loan No: 4119590 (Continued) Page 4 T`R~U'S/T~ /O/~IR X 1/U: Improvements. The word "Improvements" means all existing arid 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, costs 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 Trusteeor Lender to entorce'frustor's obligations under thisDeed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes. all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of'Trust. Lender. The word "Lender" means HASTINGS STATE BANK, 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 November 1, 2007, in' the original ~ principal amount. of $7,191.00 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:- Personal Property. The words "Personal Property" mean; all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the~Real Property; together with all accessions, parts, and additions to, atl 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 all 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 HASTINGS STATE BANK, whose address is 530 N. BURLINGTON, HASTINGS, NE 68901 and any substitute or successor trustees. Trustor. The word "Trustor" means MARK T JENSEN and PATRICIA ANN JENSEN. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO ITS TERMS. PATRICIA ANN JENSEN INDIVIDUAL ACKNOWLEDGMENT STATE OF ~t--S~ ` r( SI~,~( ISS COUNTY OF ~~~{, ~ S 1 On this day before me, the undersigned Notary Public, personally appeared MARK T JENSEN and PATRICIA ANN JENSEN, Husband and Wife, to me known to be the individuals described in and who executed the Deed of Trust, and acknowledged that they signed_the Deed of Trust as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this I ~ day of l ~ _, 20• By ~~l1 -l. \ QJ,~Q..~. Notary Public in and for the State of i'lp ~([a' S~{['L OENERALNOTARY•slneolNebntkat Residing at NC~.Sfit/1C.xS ~ LINDA HEIDEN My commission expires lMfi Comm. Exp. 04.18.09 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, upon 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 of Trust Iwhich is delivered to you together with this Deed of Trustl, and to reconvey, without warranty, fo 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: LASfR Pfl0 Lentllne. Ver. 6.3B.W.000 Covr. MerlenG Flnenclel 9olullone, Ina. 199], RW]. All RIOh\e Reeervetl. ~ Nf G:\CFINE`MCFI\LPL\GOI.FC TR-116]1 PR-9 . }~ 1~1 IF, Q,I ry