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HomeMy WebLinkAbout20075002NUM PGS DOC TAX CK# FEESr1LQ.~ PD~ CK#.~_ CHG ACCT# RET FEES:._/ ~SHR.O.D, C1K#_ REC'Dm , /!f ~ S <Sf7.72 ajc RETURN IA~II~IIIIVNIIIIN~ J`-g-!l n NUM ~S'f°~,c?.~ RD. COMP ;c_!f~ ~- ~ COMPARE / ~ ADAMS CIO-LINTY, NE INST. NO. F~~°075®O2 Date - .~'d7 Timel S.~Pm TER OF-DEEDS WHEN RECORDED MAIL TO: _- - HASTINGS STATE BANK C.gDAS ~~ AO MAIN BRANCH 530 N BURLINGTON PO BOX 2178 HASTINGS. NE 68902 FOR RECORDER'S USE ONLY MODIFICATION OF DEED OF TRUST THIS MODIFICATION OF DEED OF TRUST dated November 9, 2007, is made and executed between STEVEN W. GERRITSEN; A Single Person ("Trustor") and HASTINGS STATE BANK, whose address is MAIN BRANCH, 530 N BURLINGTON, PO BOX 2178, HASTINGS, NE 68902 ("Lender"). DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated March 31, 2005 (the "Deed of Trust") which has been recorded in ADAMS County, State of Nebraska, as follows: JULY 20, 2005 ON INSTRUMENT NO. 20053413 IN THE ADAMS COUNTY REGISTER OF DEEDS, HASTINGS, NEBRASKA. REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in ADAMS County, State of Nebraska: See SEE EXHIBIT A, which is attached to this Modification and made a part of this Modification as if fully set forth herein. The Real Property or its address is commonly known as 12900 WEST 94TH, PROSSER, NE 68868. MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows: THE MORTGAGE AMOUNT IS HEREBY INCREASED TO 5450,000.00 AND CORRECTED LEGAL DESCRIPTION SEE "EXHIBIT B" CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full force and effect. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Deed of Trust as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Deed of Trust Ithe "Note"I. It is the intention of Lender to retain as liable all parties to the Deed of Trust and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the. original Deed of Trust does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of~ this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to~all such subsequent actions. .~ TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND TRUSTOR AGREES TO ITS TERM. THIS MODIFICATI~'N OF DEED OF TRUST IS DATED NOVEMBER 9, 2007. LENDER: HASTINGS STATE BANK X~, Authorize fficer / ot~ F a :(1 , a 1 ~ "~* ",t MODIFICATION OF DEED OF TRUST ~ O Q ~ ~ ®~ 2 Loan No: 32369 (Continued) Page 2 _-..v^~,~ / ~ IN)DIVIDUAL ACKNOWLEDGMENT STATE OF / /x^"~~~`--"'~--~ I ~ - ISS COUNTY OF I On this day before me, the undersigned Notary Public, personally appeared STEVEN W. GERRITSEN, to me known to be the individual described in and who executed the Modification of Deed of Trust, and acknowledged that he or she signed the Modification as his or her free and volunY ry act and deed, for the uses andpurposes therein men~oned~ ~L~/~ / ~., ~7 Given under m hand and official seal this (L~J_//_~ da of /v ~ , 20 ~ III GENERAL NOTARY-State of Nebraska! LIN JURG JA ""~~ h4y Comm. Erp. ~~~ ° ~' Residing at _~ My commission expires LENDER ACKNOWLEDGMENT STATE OF ~,y~`~-`~"`-"'-~~~~-p(r-J I ~~/Y~ / I SS COUNTY OF /~ ) ./~~ /~ ! On this ~1 ' -('~`~ day of C~~~~-(-'~-~~~--J 2p O ~ y~ afore me, the /undersigned Notary Public, personally appeared" `~ • ,and known to me to be the _ .Yl~ ~(y/(_/ authorized agent for HASTINGS STA E BANK that: executed the it in and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of HASTINGS STATE BA ,duly authorized by HASTINGS STATE BANK through its board of directors or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute [his said instrument and in fact executed this said instrument on behalf of HASTINGS STATE B NK. - ~~ J GENERAL NOTARY-State of Nebraska Notary~Pdtilic in a+d for tate.ofJ ~ ~ III LIN JURG I~J f~ Residing at ' .~ : My Comm. Exp. ~ D:D _ _ My commission expires lI'%~ LASFR Pfl0 Lsndirp, V.,. 5.]9.W.009 Copr. H,rl,nd FFUreb SeNrbn,, Ina. 199], 2W). All RIpM1t, R..nr.d. - NE G:\CFINFVACFI\LR\G20iFC Tfl~]511 PR-13 . : 1. ~ .. ii,a i„~JF 1112 .. ~-,..._,..,... .. ~.._.._._. 2 -., . .... ,..._.._.,... . . ;. ~ i~i i. . ..._____,._..._.._.--........ ~ I .. 1,)~.. .,. .. i1 I pit .. I.i .( t~ }~ .. 3,t It ~ Gl:.d.tit,r-;';._...,...i,..it:11.._..'04:1'!."Gt:'r_'._..._ L}1~1~._,.. _•_.._ L.l.hi J~....,..~ ! ~ r , iJ i! .. ~ 1. ~~.... ,.. '..- I~r t~,C• ~' i~ ~ /..}.,.t P n'1 ~ 41' 1;ti ~rdr 99 t9('a~;' l~' S^~ [,!( fy .i.t(~i ....,,..- , _..., t I . •~t ..., ,.«_. _..._ Ili ~ i 1 r. hill'@.!ai7i.}......,_. _...,...._~._. ~Fr}~t~ii)~; t.~1)i1~~1t.r~ ~i9.. of o¢ 4 BY ;: Exhibit'B - Page 1 200'750.02 ,. A part of the SEl/4 SE1/4 of Section 5, Township 8 North, Range 11 West of the 6th P.M.; in the Village of Prosser, 'Adams County, Nebraska, more particularly described as: Commencing at a point where the South line of the SEl/4 of Section 5 is intersected by the East line of the right of way of the Missouri Pacific Railway, running thence North along said right of way 370 feet, more or less, to the point where said right of way turns at right angles to the East; thence East along. the South line of said right of-way 100 feet; thence South parallel with said ,East line of right of way and 100 feet distant therefrom 370 feet, more or less, to said quarter section line;, thence West along said section line 100 feet to the place of beginning, EXCEPT the South 180 feet thereof, AND A part of the SE1/4 SE1/4 of Section 5, Township 8 North; Range 11 West of the 6th P.M., in the Village of Prosser, Adams .County, Nebraska, more particularly described as: Commencing at a point on the South line of said section 100 feet East of the Missouri Pacific Railway right of way; thence North on a line parallel with said right of way and 100 feet distant therefrom, 370 feet, more or less, to a point where such line would intersect the South line of Florence Avenue of the Village of Prosser, if said Avenue were extended to the East line of said section; thence East along such extended South line of Florence Avenue, 510 feet, more or less, to the East line of said section; thence South along said section line 370 feet, more or less, to the Southeast corner of said .section; thence West along the South line of said section 510 feet, more or less, to the place of beginning, EXCEPT the West 30 feet of the South 180 feet thereof, and subject to road right of way on the East, ,AND A part of the SE1/4 SE1/4 of Section 5, Township S North, Range 11 West of the 6th P.M., in the Village of Prosser, Adams County, Nebraska, more particularly described as: Beginning at a point on the South line of said Section 5, 710 feet West of the Southeast corner of the Southeast Quarter of said Section 5; thence North at right angles to said South line of Section 5, 1890 feet, more or less, to the intersection of the East line of Railroad Street and the North line of Warren Avenue, of the Original Town of Prosser, Nebraska; thence East at right angles to .the said East line of Railroad Street 200 feet; thence South at right angles to the last described. course 805 feet; thence West at right angles to last described course 22 feet; thence South at right angles to last described course 55 feet; thence East at right angles to last described course 22 feet; thence South at right angles to last described course 660 feet; thence West at right angles to last described course l00 feet; thence South at right angles to last described course 370 feet to a point on the,South line of said Section 5; thence West 100 feet to the point of beginning, EXCEPT the North 720 feet thereof, .AND EXCEPT the South 341 feet thereof, AND Lot 2, Royston Subdivision in the SE1/4 SE1/4 of Section 5, Township 8 North, Range 11 West of the 6th P.M., in the Village of Prosser, Adams County, Nebraska, subject to roan right of way on the East, AND ~ 3 of ~ .__ Exhibit •B - Page z 2 0 0'7 5 0 0 2 ~;. Commencing at a.point on the East line of Section 5 in Township 8 North, Range 11 West of the 6th P.M., in the Village of Prosser, Adams County, Nebraska, 370 feet North of the Southeast corner of said section; thence West 510 feet, more or less, to the East line of the right of way of the Missouri Pacific Railway Company; thence North along said right of way 40 feet; thence East 510 feet, more or less, to the East line of said section; thence South along said East line 40 feet to the place of beginning, being a projection of Florence Avenue of Prosser Village, subject to road right of way on the East. ~;~, ~ of `~-