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ADAMS F OUp TY, NE
INST. NO. ~~~rf5~.46
Date -~. -o Time 9--38 Aa2
,,.~T,ER.OF DEEDS
State of Nebraska ~ Space Above Thls Ltne For Recording llate
DEED OF TRUST
(With-Future Advance Clause)
^ Construction Security Agreement, :. -'
^ Master form recorded by ............................. _
1. DATE AND. PARTIES. The. date of this Deed .of. Trust (Security Instrument) . is .................. J?: ? 3-2007, .. , , ... , . , , , , , , -,
and the parties, their addresses and tax identification numbers, if required, are as follows:
TRUSTOR;
PATRICK M. KERN ANG KIM M. KERN, HUSBAND ANO WIFE
1307 LOCKVIEW DR
HASTINGS, NE 66901
^ If checked, refer to the attached Addeudwn incorporated herein, for additional Trustors, their signatures and
acknowledgtueuts.
TRUSTEE: BANK OF DONIPHAN
P O BOX 270
OONIPHAN, NE 68632
BENEFICIARY: BANK OF OONIPHAN
ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEBRASKA
P O BOX 270
DONIPHAN,NE 86932.0270
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to
secure the Secured Debt (defined below) and Ttustor's perfonuauce under this Security Instrument, Trustor irrevocably
grants, conveys. and sells to Trustee, in trust fot the benefit of Beneficiary, with power of sale, the following described
property: LOT THREE 131, SKYE LOCH 10TH SUBDIVISION IN THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT
THEREOF
~`f ~~
The property is located iu ..............................AAAMS............................... at 1307LOC191!IEWOR......................,,....
(Cowlly) .
....................:........................................ .....................HASTINGS...................., Nebraska ........ G@8G?.........
(Address) (City) (ZIP Code)
Together with all rights, easemeius, appurtettauces, royalties, mineral rights, oil and gas rights, all water and riparian
rights, ditches, and water stock and all existiug• and future iuiproventeuts, structures, fixtures; and replacetneuts that may
now, or at any true iu [he future, be part of the real estate described above (all referred to as "Property").
3. MAXIMUM OBLIGATION LIMIT. The total principal autouut secured by this Security Instrument at any one thue shall
not exceed $ 22.G4@.7.Q .................................:........ Tltis luuitatiou of amount does not include interest and other fees
and charges validly made pursuant to this Security Instrwneut. Also, this lhuitatiou does not apply to advances made.uuder
the teruts of this Security Iustrwueut to protect Beneficiary's security and to perfotnt any of the covenants coulained iu this
Security htstrwneut.
4. SECURED DEBT AND FUTURE ADVANCES. The tents "Secured Debt" is defined as follows:
A. Debt incurred under the terms of ail promissory note(s), contract(s), guarauty(s) or other evidence of debt described
below and all their extensions, renewals, ntodificatious or substitutions. (When referencing the debts below it is
srtggested that yqu; inch/de items such ar borrowers' mm~es, note antatuus, interest rates, matterity dates, etc.)
PROMISSORY NOTE GATED 11113107
NEBRASKA -DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) I l/ ~ (page 1 of 4J
]e2~M ®1994 Hankere Systems, Inc., St. Cloud, MN Form RE-DT-NE 1/30/2002 ,~11 l=/ ~~~
,/ of ~..
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B. All future advances; root Beneficta to Trustor or other future obli atious of~Trdstoe"°to Beueficia~'.~iiiir L
ry g ~ ry der., any-_
rrr~r,
°•'~----•-~---~protutasory-note,•cotitract, guaranty, or. other evidence of debt executed by Trustor-•iu favor°of~Benefictary.°after this
Security,•Instrutnent whether or not t1us~Security Instrument is specifically referenced.- If moreahau_oue._persou:sigus
;,
=;~tr1;,: this;Sectirity;[ustruui~nt, each Trustor agrees:tliat"tliis Seiuri[y"Instrwnent will secure all.future advances and future
obligations, that are g(veu to or incurred, by any.one,or ntore.Trustor, or auy.one' or-more Trustor aiid others. All
. __ ..,
~'°~~~'•'•future advaiices'?and.other future obligations are secured by this Security Ltstrumteut even though all or part Wray not
yet be advanced. All future advances and..other..future..obligations': are. secured as if erode ou the date of [his Security
Instrument. Nothing iu this Security Instrument shall cotistitute.,a' comm~ihueut to make additional or future loans or
advances in any amount. Any such comminuent mustbe•agreed-to iu a separate writing.
C. All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, iucludiug,
but not limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and
Beneficiary.
D. All additional Bunts advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting
the Property and its value and any other stuns advanced and expenses incurred by Beneficiary under the tetnts of this
Security Instrument.
This Security Instrwnent will trot secure any other debt if Beneficiary fails to give any required notice of the right of
rescissioii. - - __ ...
5. PAYMENTS. Trustor agrees that all payments wider the Secured Debt will be paid when due and in accordance with the
teens of the Secured Debt and this Security Instrument.
6. WARRANTY OF TITLE. Trustor warrants' that Trustor is or will be lawfully seized of the estate conveyed by [Iris
Security Instrument and has the right [o irrevocably grout, convey, and sell the Property to Trustee, iu trust, wit([ power of
sale. Trustor also warrants that the Property is unencwnbered, except for encumbrances of record.
7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lieu
docwnen[ that created a prior security interest or eucwubrance 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 Beneficiary any notices that Trustor receives front the holder.
C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement
secured by the lieu docwuent without Beneficiary's prior written consent.
8. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents,
utilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiary
copies of all notices that such aznouuts are due and the receipts evidencing Trustor's payment. Trustor will defend title to
the Property against any clahms that would nmpair the lieu of this Security htstnument. Trustor agrees to assign to
Beneficiary, as requested by Beneficiary, 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 and payable upoii the creation of, or contract for the creation of, any lieu, encwnbrance, transfer or
sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This
covenant shall run with the Property and shall remain in effect until the Secured Debt is paid iu full and this Security
Instrwnent is released.
10. PROPERTY CONDTTION; AL'T`ERATIONS AND` INSPECTION. 'I'rnstor will keep the Property in good condition
and make all repairs that are reasonably necessary. Trustor shall not conmtit or allow any waste, nnpairmeut, or
deterioration of the Property. Trustor will keep the Property free 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 uo[
perniC any change iu any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will
notify Beneficiary of all demands, proceedings, clones, and actions against Trustor, and of any loss or damage to the
Property.
Beneficiary or Beneficiary's agents Wray, at Beneficiary's option, enter the Property at any reasonable time'for the purpose
of inspecting the Property. Beneficiary shall give Trustor notice at' the time of or before au inspection specifying a
reasoitablc purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and
Trustor will in no way rely oii Beneficiary's inspection.
11. AUTHORTTY TO PERFORM. If Trustor fails to perforit any duty or any of the covenants contained in this Security
Ltstrumeut, Beneficiary may, without notice, perform or cause them to be perforuied.. Trustor appoints Beneficiary as
attorney in fact to sign Trustor's Warne or pay any amount necessary for perfomtauce. Beneficiary's right to perfomt for
Trustor shall not create an obligation to perfomt, and Beneficiary's failure to perform will not preclude Beneficiary from
exercising any of Beneficiary's other rights under the law or [his Security Instrwnent. If any construction on the Property'
is discontinued or not carried on 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, grouts and conveys, to Trustee, in trust for the
benefit of Beneficiary as additional security all the riglu, title and interest iu the following (all referred to as Property):
existing or. future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and
occupancy of the Property, iucludiug any extensions, renewals, modifications or replacements' (all referred [o as Leases);
and rents, issues and profits (all referred to as Rents). Iu the event any item listed as Leases or Rents is deteruined to be
personal property, this Assigmneut 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 Assigmnent, and all future Leases and any other iitformatiou with respect to these Leases will
be provided immediately after they are executed. Trustor may collect, receive, enjoy and use the Rents so long as Trustor
is not in default.
Upon default, Trustor will receive any Rents in trust for Beneficiary and will not conuuiugle the Rents with any other
funds. Trustor agrees that this Security Instrument is iumtediately effective between Trustor and Beneficiary and effective '
as to third parties ou the recording of this Assigmneut. As long as this Assigumtent is iu effect, Trustor warrants and
• represents that no default exists under the Leases, and the parties subject to.the Leases have no[ violated any applicable law
" '' on leases, licenses and landlords and tenants. `
13. LEASEHOLDS; "CONDOMINHJMS; PLANNED UNIT DEVELOPMENTS: Trustor agrees to` comply with the
provisions of any lease if this Security Instrwnent is ou'a leasehold: If the Property•iucludes aunit iu a coudominiwn or a
planned unit development, Trustor will perform all of Trustor's duties under the covenants; by-laws;' or regulations of the
coiidominiwn or planned unit"development.
n~~ (Page 2 of 4~
•-^I-~~r ~~' ®7994 Bankers Systems, Inc., St. Cloud, MN Farm RE-DT-NE 1/30/2002 - ' ~ \ ~\l~~/ -
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14. DEFAULT. Trustor will be iu default if auy party obligated ou the Secured Debt fails to make payment wheu due. Trustor
will be in: default if a breach. occurs under the teens. of. Ibis Security Instrument or. auy other• document executed for the
...purpose of creating, securing or guarantying the Secured:Debt. A good faith belief by.Beueficiary that Beneficiary at auy
thee.. is insecure with respect'to: anypersou or:en[ity obligated ou.the Secured Debt or that the prospect of auy payment or
the.value of the. P.roperty~is unpaired shall also constitute au event of default: •. -~
15. REMEDIES ON DEFAULT. Iu some instances, federal. and state law will require Beneficiary Co provide Trustor with
notice of the right to cure or other uotices.aud may establish Bute schedules for foreclosure actions. Subject to these
Iuuitatious, if auy, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument iu a manner
provided by law if Trustor is iu default.
At We option of Beneficiary, all or any part of the agreed fees.aud charges; accrued interest and principal shall become
nnmediately due and payable, after giving notice if required by law, upon the occurrence of a default or auythue
thereafter. ht addition, Beneficiary shall be entitled to all the remedies provided by law, the teens of the Secured Debt,
this Security Ltstnuueut and any related docmueuts, iucludiug without lhnitatiou, the power to sell the Property.
If there is a default, Trustee shall, iu addition Co aiiy other perntitted remedy, at the request of the Beneficiary, advertise
and sell the Property as a whole or iu separate parcels at public auction to rite highest bidder for cash and convey absolute
title free and clear of all right, title and interest of Trustor aC such tune and place as Trustee designates. Trustee shall give
notice of sale iucludiug the tune, teens and place of sale and a description of the property to be sold as required by the
applicable law in effect at the time of the proposed sale.
Upon sale of the Property and to Cue 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
Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior eucmnbrances and interest
thereon, and. fire principal and interest ou rue Secured Debt, paying the surplus, if auy, to Trustor. Beneficiary may
purchase the Property. The recitals iu any deed of conveyance shall be prima facie evidence of the facts set forth therein.
All remedies are distinct, cmuulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or
equity; whether or not expressly se[ forth. The acceptance by Beneficiary of any suui in payment or partial payment ou the
Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall uo[ constitute a
waiver of Beneficiary's right to require complete cure of any existing. default. By not exercising any remedy ou Trustor's
default, Beneficiary does not waive Beneficiary's right to later consider. rue event a default if it continues or happens again.
16. EXPENSES;. ADVANCES.. ON .COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except wheu
prohibited by law, Trustor. agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant iu this Security
htstrmneu[. Trustor will also pay ou demand .any autount incurred by Beneficiary for insuring, inspecting, preserving or
otherwise protecting the Property and Beneficiary's security interest. These expenses will- bear interest from the date of the
payment. until paid in full at rue highest interest rate iu effect as provided. iu rue teruts of the Secured Debt. Trustor agrees
to pay all costs and expenses incurred by Beneficiary iu collecting, enforcing or protecting Beneftciary's rights and
remedies under this Security Instruutent. This atuouut may include, but is not luuited [o, attorneys' fees, court costs, and
other legal expenses. This Security Iustrmueut shall remain iu effect until released. Trustor agrees to pay for any
recordation costs of such release.
17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (i) Environmental Law
means, without limitation, Cite Comprehensive Euviromueutal Response, Compensation and Liability Act (CERCLA, 42
U.S.C. 9601 e[ seq.),' and all other federal,;state aud`iocal laws, regulations, ordinances, court"'orders; attorney general
opinions or interpretive letters couceruiug the public health,' safety, welfare, enviromneut or a hazardous substance; and (2)
Hazardous Substance means auy toxic, radioactive or hazardous material, waste, pollutant or contuuiuau[ which has
characteristics which render the substance dangerous or potentially dangerous to [he public health, safety, welfare or
enviromneut. The term includes, without luuitatiou, any substances defined as "hazardous material," "toxic substances,"
"hazardous waste" or "hazardous substance" under any Euviromueutal Law.
Trustor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged iu writing to Beneficiary, uo Hazardous Substance is or will be
located, stored. or released on or in the: Property. This restriction does not apply to small quantities of. Hazardous
Substances that are generally. recognized to be appropriate for the uorntal use and ntaiutenauce of We Property..
B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, are,
and shall rentaiu iu full compliance with any applicable Euviromueutal Law. -
C. Trustor•shall utmtediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs ou,
under or about [he Property or there is a violation of any Euvirouineutal Law couceruiug the Property. In such au
event, Trustor shall take all necessary remedial action iu accordance with any Euviromueutal Law.
D. Trustor shall unmediately notify. Beneficiary iu writing as soon as Trustor has reason Co believe there is any pending
or threatened investigation, claun, or proceeding relating to the release or threatened release of any Hazardous
Substance or the violation of any Euviromueutal Law.
18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or public
entities to purchase or take auy or all of the Property through condemnation, eminent dontaiu, or any other means. Trustor
authorizes Beneficiary to intervene in Trus[or's name in any of the above described actions or clauns. Trustor assigns to
Beneficiary the proceeds of any award or clahn for datnages connected with a condemnation or other taking of all or any
part of the Property. Such proceeds shall be considered payments and will be applied as provided iu [Iris Security
Instrument. Phis assigmneut of proceeds is subject Co the teens of auy prior mortgage, deed of trust, security agreement or
other lien document.
19: INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably
associated with [he Property due to its type and location. This iusurauce shall be maintained iu the uuouuts and for the
periods that Beneficiary requires. What Lender requires pursuant to the preceding sentence eau change during the temt of
[he loan. The iusurauce carrier providing the iusurauce shall be chosen by Trustor subject to Beneficiary's approval, which
shall no[ be unreasonably withheld. If Trustor fails to maintain the coverage described above, Beneficiary may, at
Beneficiary's option, obtain coverage to protect Beneficiary's rights iu the Property according to the teens of this Security
Iustrwnent.
All insurance policies and ieuewals shall be acceptable to Beneficiary and shall include a standard "tuortgage clause" and,
where applicable, "loss payee clause." .Trustor shall umuediately notify Beneficiary of cancellation or tennittatiou of [he
insurance: Beneficiary -shall have the right to hold the policies and renewals. If Beneficiary requires, Trustor shall
unmediately; give to .Beneficiary all. receipts of paid premimus and renewal notices. Upon loss, Trustor shall give
uuutediate notice to the iusurauce carrier and Beneficiary. Beneficiary may make proof of loss if not m/a~d(/e/iumtedia[ely by
Trustor. .~ 111 i (pa8e, 3 °f 4/~
,.
' ~M ®1994 Hankers Systems, Inc., St. Cloud, MN Form RE-DT-NE 1/30/2002 i . ~~ ~
O/,'y
Y . ,
~:~ :~:~~ .~: r:; ~ .. ~ i.r ~.:,. 2 0 0 `~ 514 6
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 atnouut of any payment. Any excess will be paid
to the Grantor. If the Property is acquired by Beneficiary, Trustor's right to any insurance. policies and proceeds resulting
from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt hnmediately
before the acquisition.
20. ESCROW FOR TAXES AND INSURANCE. Utiless otherwise provided in a separate agreement, Trustor will not be
required to pay to Beneficiary funds for taxes and insurance in escrow.
21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. •Trustor will provide to Beneficiary upon rt;quest, any
financial statement or iufonnatiou Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any
additional documents or certifications that Beneficiary may cousider•uecessary to perfect, continue, and preserve Grantor's
obligations under this Security Instrmneut and Beneficiary's lien status onthe-Property.
22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS'BOUND. All duties under
this Security Instrtnneu[ are joint and individual If Trustor signs this Security Instrmuent but does not sign au evidence of
debt, Trustor does so Drily to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and
Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between
Beneficiary and 'Trustor, 'Trustor agrees to waive any rights [liar may predeut Beneficiary from bringing any action or claim
against Trustor or any party indebted under the obligation. These rights may. include, but are not limited to, any
anti-deficiency or one-action laws. Trustor agrees that Beneficiary and any party to this Security Instrument may extend,
modify or make any change in the terms of this Security Instrument or any evidence of debt without Trustor's consent.
Such a change will not release Trustor from the teens of this Security htstruutent. The duties and benefits of this Security
Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary.
23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security lustruuieut is governed by the laws of the
jurisdiction iu which Beneficiary is located; except to Ute extent otherwise required by the laws of the jurisdiction where
the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be
amended or modified by oral'.agreenrent. Auy section iu this Security Iustrumeut, attaclmtents, or any agreement related to
the Secured Debt that catflicts with applicable' law will not be effective, unless that law expressly or hnpliedly permits the
variations by written agreement. If any section of •tltis Security Instrument cannot be enforced according to its teens, that
section will be severed and will not affect the enforceability of the remainder of this Security Iustrumeut. Whenever used,
the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security
Ltstrmnent are for convenience Drily and are not to be used to interpret or define the teens of this Security Ltstrument.
Tithe is of the essence in this Security Iustrumeut.
24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to tune remove Trustee and appoint a
successor trustee without any other formality than the designation iu writing. The successor trustee, without conveyance of
t(te Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Ltstrwneut and
applicable law. `
25. NOTICE. Utiless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail
to the appropriate party's address on page 1 of this Security Iustrumeut; or to any other address designated iu writing.
Notice to one trustor will be deemed to be notice to all trustors. _
26. WAIVERS. Except to the extent prohibited by law, 'I'ru§tor waives all appraisemeu[ and homestead exemption rights
relating to the Property.
27. OTHER TERMS. If checked, the following are applicable to this Security Iusttmuent:
^ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be
reduced to a zero balance, this Security Iustrumeut will remain iu effect until released.
^ Construction Loan. This Security, htstrmuent secures au obligation incurred for the construction of au iuiprovemeut
on the Property.
^ Fixture Filing. Trustor grants to Beneficiary a security.ititerest.in all goods that Grauto'r.owus now or iu the future
and that are or will become fixtures related to the Properly: This Security Iustrutiit;uC suffices'as a financing
statement and any carbon, photographic or other, reproduction may be filed of record for purposes of Article 9 of the
Unifornt Conunercial Code. •
^ Riders. The covenants and agreements of each of the riders cliecked below are incorporated into aitd supplement and
awend the teens of this Security Iustrumeut. [Check all applicable boxes]'
^ Condominium Rider ^ Planned Unit Development Rider ^ Other ..................................................
^ Additional Terms.
i
SIGNATURES: By signing below, Trustor agrees to [he teens and covettauts contained iu this Security Iustrtuneut and iu any
attach[ s. Trustor also acknowledges receipt of a copy of this Security Iustruteut ou the date stated ou page 1.
/ ~ l
......../.~ ............... w~.......................... ....................~.........................
.(Signature) ppTRICK M. KERN (Date) (Signature) KIM .KERN (Date)
ACKNOWLEDGMENT:
.STATE OF N.E9AASKA .......:...............:..::......... COUNTY OF ADAMS...............................:.............} ss.
t°'a'"'a"~t This ius[rwueu[ ,was acknowledged before me [his ..:.....1 ...... day of ...' ............. KDVt:MBEA,.20A7..:..:.::........
by PATPICKM..KEAN;KIM.M,KERN,.yU.S9AND.AKD.WIFE ................................... ... ...................................... .
,.:
My,conuuission,expires:Og-192010.
GENERAL NOTARY- State of IJe6raska (Notary
~~~~,~ ~~ JUDY A. SOUKUP
~,~-~ D 7 ssa a leers tams, Irle.y emm. Et@. Sept 19, 20(0 a uaoizoos /page 4 of 4,
~- of.~1