Loading...
HomeMy WebLinkAbout20075189NUMPGS~ DOC TAX GK#T FEESr1~,Sy PD~CK#~IoL2 ` CHG ACCT# CNci'14,cd~ RETFE :_CASH_~r R.O.D.CK.#~_ RECD _/-PGUriG /~f~E ' RETU -Q~ ~ -- Ha,s~-;,~s N6 ~g9o/ III~IIVI~I~~~~ilVl11 NUM (~Uo~s~ vUl_ a~~e~A~c~ RD. COMP,Y ~) '~'3~ COMPARE CADAS AO t~ ADAMS COUNTY, NE FILED INST., NO.~Q..ri~ 1 Date LL-~s'Time~~i U' REGISTER OF DEEDS Slate of Nebraska SpacrAbove This Line For Recording llata REAL ESTATE DEED OF TRUST (With Future Advance Clause) ^ Construction Security Agreement ^ Master form recorded by ............................. 1. DATE AND PARTIES. The date of this Deed of 'T'rust (Security Instrument) is .11.20.2007 .................................... The parties and their addresses are; TIZUSTOR ROBERT E. HANSEN and ALYCE L. HANSEN, Hushand and Wite 743 WEBSTER HASTINGS, NE 68901 ^ If checked, refer to the attached Addendwn incorporated herein, for additional 'frustors, their signatures and acknowledgments. TRUSTEE: Heritage Bank 800 W 3rd Street Hastings, NE 68901 BENEFICIARY: Heritage Bank Organized and existing under the laws at the state of Nebraska - 800 W 3rd Street P.O. Box 349 Hastings, NE 68901 2. CONVEYANCE. Fot good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Detit (defined below) and Trustor's performance under this Security Instrument, Trustor irrevocably grants, conveys and sells to Trustee, iri-trust for the benefit of Beneficiary, with power of sale, the following described property: - THE SOUTH FIFTY (S 501 FEET OF LOT ONE 111, BLOCK FIVE 151, WEBSTER AND WEMPLE'S ADDITION TO THE CITY OF HASTINGS ADAMS COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF. The property is located in ADAMS 743 WEBSTER ........................................................... at .............................................. (County>. .........., .HASTINGS ........................................ Nebraska .6890.1................ (Address) (City) i' (ZIP Code) 'T'ogether with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future unprovements, structures, fixtures, and replacements that may now, or at any titre in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall ~~ not exceed $ ...$>.000,.0..0 ........................:..........This limitation of atnouut does not include interest and other fees and charges validly trade pursuant to this Security Instrwnent. Also, this invitation does not apply to advances made under the lerns of this Security Instrument to protect Beneficiary's security and to perform any of the coveoauts contained in this Security Instrwnent. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred ,under the -terns of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extrusions, renewals, modifications or substitutions. (You must specifically identify the debt(s) secured and you s/torrid include t/te final maturity date of such debt(s).) I PROMISSORY NOTE GATED 11~20~07 IN THE AMOUNT OF 58,000.00 MAXIMUM CREDIT NEBRASKA -HOME EQUITY LINE OF CREDIT DEED OF TRUST INOT FOR FNMA, FHLMC, FHA OR VA USE) ~ (page 1 0( 7e/ ®©1994 Bankers Systems, Inc., St Cloud, MN Form OCP-REDT-NE 5/10/2005 ~ .. fN . !~~ 2Q0"15189 n ,..~~ ~~ B. All future advauces from Beneficiary [o Trustor or other future obligations of Trustor to Beneficiary under auy ppromissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary after this Securily Instrument whether or not this Security Instrwneut is specifically referenced. If more than oue person signs this Security Ltstrument, each 'Trustor a rees that this Security Instrument will secure all future advances and future obligatious shat are given to or incurred by any one or more Trustor, or auy oue or more Trustor and others. All future advauces and other future obligatious are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obhgauons are secured as if made on the date of thts Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such corrtttiitment must be agreed to in a separate writing. C. All other obligations Trustor owes to Beneficiary, whtch may later arise, to the extent not prohibited by Law, including, but not limited to, liabilities for overdrafts relating to any deposit accoudt agreement between Trustor and Beneficiary. ~`•~ D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting t t the Property and its value and any other scans advanced and expenses incurred by eueficiary under the terms of thts `~"` Security Iustrumeut. __ In the event thaC Beneficiary fails to provide any ,required, notice of the .right. of rescission, Beueficiary waives auy subseyueut security interest in the Trustor's principal dwelling that is created by thts Securily Instrument. 5. DEED OF TRUST COVENANTS. Trustor agrees that the coveuants i^ this sectio^ are material obligatious under the Secured Debt and this Security Instrwneut. If Trustor breaches any covenant i^ this section, Beneficiaryry may refuse to make additional extensions of credit and reduce the credit limit. I3y not exercising either remedy ou Trustor's breach, Beueficiary does not waive Beneficiary's right to laier consider the event a breach if it happens again. Payments. Trustor agrees that all payments under the Secured Debt will be paid when due and iu accordance with the Cenns of the Secured Debt and this Secunry Instrument. Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance ou the Property, Trustor agrees to make all payments when due and to perform or comply with all coveuants. Trustor also agrees not to allow any modification or extension of, nor to request auy future advauces under auy cote or agreement secured by the lien document without Beneficiary's prior wnuen approval. Claims Against Title. Trustor will pay all taxes (including any utx assessed to this Deed of Trust), assessments, Liens, encumbrances, lease payments, ground rents, uhlittes, and otherbharges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiary copies of all notices that such amounts are due and the receipts evidencing . 'Trustor s payment. Trustor will defend title to the Properly against anyy claims that would hnpair the lien of this Security Instrument. Trustor agrees to assign to Beneficiary, as reyuested.by Beueficiary any rights, claims or defenses Trustor Wray have against parties who supply tabor or materials to matntain or unprove the Property. Property Condition, Alterations and Inspection. Trustor will keep the Property iu good condition and make all repairs that are, reasonably necessary. Trustor shall not conmtit or allow any waste, tmpattYnent, or deterioration of the Property. Trustor a rees that the nature of the occupancy and use will not substantially change without Beneficiary's prior written consent. 'Trustor will not permit any change in any license, restrictive covenant or easement without Benefictary's prior written consent. Trustor will notify Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property. 13encficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at auy reasonable tune foe the purpose of iuspechng the Property. Beueficiary shall give Trustor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor will iu no way rely on Beneficiary's inspection. Authority to Perform. If Trustor fails to perform auy duty or auy of the covenants contained in this Security Instrument, 13cneficixry maY, without notice, perfornt or cause them to be performed. Trustor appoints Beneficiary as attorney iu fact to sign Trustor s name or pay any amount necessary for performance. Beneficiary's right to. perform for Trustor shall not create an obligation to perform,.'aud Beneficiary's failure to pcrfornt will riot preclude Beucfwary from exercising any of Beneficiary's other rights under the law or this Security' Iustrumeut. ' Leaseholds; Condominiums; Planned Unit Developments. Trustor agrees to comply with the provisions of auy lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Trustor will perform all'of Tiustor's duties under the covenants, by-laws, or regulations 'of the condominium or planned unit development. ' Condemnation.. Trustor will 'giyc Beneficiary prompt notice of any pending or threatened action, by private or ublic entities to purchase or take auy or all of4he Property through condenmauon, eminent domain, or any other means. 'Iprustor authorizes Beueficiary to intervene iu Trustor's n~uue in any of the above described actions or claims. 'Trustor assigns [o Beneficiary the proceeds of any award or claim for dantxges connected with a condemnation or other taking of all or any pan of the Property. Such proceeds. shall be considered payments and will be applied as provided iu this Security Instrument. This assigwnent of proceeds is subject to the terms of auy prior mortgage, deed of trust, security agreement or other lieu document. Ltsurance. Trustor shall keep Propeny insured against loss by fire, 17ood, theft and other haiards and risks reasonably associated. with the Propeny due to ds type and location. This utsurance shall be maintained iu the alnounts and for the periods that Beueficiary reyutres. What Beneficiary requires pursuant to the preceding two sentences can change during the teen of the Secured Debt. The insurance carrier providing the insurance shall be chosen by 'Trustor subJ'ect to Beneficiary's approval, which shall not be uureasouably withheld. If Trustor fails to maintain the coverage described above, Benefiaary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights iu the Property according to the terms of this Security Iustrumeut_ All insurance policies and.reucwals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Trustor shall hmnediately notify Beneficiary of cancellatio^ or termination of the insurance. Beneficiary shall 'have the right to hold the policies and renewals. [f Beneficiary reyuires, Trustor shall iunuediatcly give to Beueficiary all recetpts of.„~1aid_.,premiwus-and_reuewal notices. Upon loss, Trustor shall give immediate nonce to the insuiauce carrier and Beuefiwary. Beneficiary may make proof of loss if not made hnmediately by Trustor. -• - .: Util.ti's otherwise agreed' tu'writiug, all msurance pproceeds shall be applied to the restoration or repair of the Propperty or to the Secured Debt, whether or not then due;`at 13eiteficiary's"'option: Any application of p`roeeeds to'pnncipal'`shall not extend or postpone the due date oP'the scheduled payment nor change the amount of auy payment. Any excess will be paid lo'the'Trustor. IPthe Propeny is acyuired,by'`Bedeficiiiry'TYuslor's"right to auy insurance'policies~and.proceeds'•resul4ng from damage to the Propeny before the xcyulsiuon shall pass to Beueficiary to the extent of the Secured Debt umnediately ' before the acyuisition. "~°~'• ~~,'~^ lPah'"Z pE/'- ®©1994 Bankers Systems, Inc., St Cloud, MN Ferrh OCP-REDT-NE 5/10/2005 ~ .o , , . ~ i A, ~ p F 1 Kn= Ji '1 :/ 1• `. .0 .. .. .. - .. . ..~ ~ ~ ' ~ ~~~., ~~ y 200'~5i00 Tinancial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any financial statement ar iufonnation Beneficiary ma deem reasonably necessary. Trustor agrees to stgn, deliver, and file any additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve'Crustor's obligations under this Security Instrument and'Beneficiary's lien status on the Property. 6. WARRANTY OT TTTLE'.' Trtistor''warrauts that Trustor is or will be lawfully seized of the estate conveyed by this Security Instrtimeut=`and-'fias'the'righG't8`iF"revocably grant, convey, and sell the Property to Trustee, in trust, with power of sale. Trustor also'wariadts'that°the'Property is unencumbered, except for encumbrances of record. 7. DUE ON SALE.. Beneficiary may, at its option, declare the entire tialance of the Secured Debt 4o be innnediately due and payable upon the creation of, or, contract for the creation of, a.transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F..R. 591), as applicable. 8. DETAULT. Trustor will be in default if any of the following occur: /' Traud. Any Consumer Borrower engages in fraud or material misrepresentation in counectioa .with the Secured Debt that is au open end home equity plan. Payments. Any Consumer Borrower ou any Secured Debt that is an open end home equity plan fails to make a payment when due. , Property. Any' action or inaction by the Borrower or Trustor occurs that adversely affects the Property or Beneficiary's rights m the Property. This includes, but is not luuited to, the following: (a) Trustor fails to maintain required insurance ou the Propeny; (b) Trustor transfers the Property; (c) Trustor commits waste or otherwise destructively uses or fails to maintain the Property such that- the action or inaction adversely affects Beneficiary's security; (d) Trustor fails to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Pro erty that is senior to the lien of this Security Instrument; (e) a sole Trustor dies; (f) if more than one Trustor, any Trustor dies and Beneficiary's security is adversely affected; (g) the Property is taken through eminent domain; (h) ajudgmenf is filed against Trustor and subjects Trustor and the Property to action that adversely affects Beneficiary's itterest; or (t) a prior lienholder forecloses ou the Property and as a result, Beneficiary's interest is adversely affected. Executive Officers. Any Borrower is an executive officer of Beneficiary or an affiliate and such Borrower becomes indebted to Beueficiary or another lender in au aggregate amount greater than the amount permitted under federal laws and regulations. 9. REMEDIES ON DETAULT. I^ additio^ to an other remedy available under the terms of this Security Instrument, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if 'Trustor is i^ default. In some instances, federal and state law wilf reyuire Beneficiary to provide 'Trustor with uottce of the right to cure, or other notices and ma establish tune schedules for foreclosure actions. Loch Trustor requests a copy of auy. uotice of default and auy uotice of sale thereunder be mailed to each Trustor at the address provided in Section 1 above. At the option of the Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become hmnediately due and payable, after giving notice if reyuired by law, upon the occurrence of a default or anytime thereafter. If there is a default, Trustee shall, xt the request of the Beneficiary, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at such tune and place as 'Trustee designates. 'Trustee shall give notice of sale including the time, teens and place of sale.aud a description of the property to be sold as reyuired by the applicable law in effect at the thne of the proposed sale. , Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the Property sold. which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beueficiary all moneys advanced for repairs, taxes, insurance, Liens, assessments and prior. encumbrances and interest thereon, and the principal and interest ou the Secured Debt, Paying the surplus, if auy; .to Trustor. Beneficiary may purchase the Property. 1 he recitals in any deed of conveyatice shall be pruna facie evidence of fife facts set forth therein. The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to reyuire complete cure of auy existing default. By not exercising any remedy on Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the event a defaulC if it happens again. 10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' TEES; COLLECTION. COSTS: If Trustor breaches any covenant in this Security Instrwnent, 'Trustor agrees to pay all expenses Beueficiary incurs in performing such covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting, preserving; or otherwise protecting the Property and Beneficiary's security interest. 'These expenses are payable on demand and will .bear interest from the date of payment until paid in full at the highest rate of interest iu effect as provided in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's lights and remedies under this Security Instrument. This unount may include, but is not lunited to, Trustee's fees, court costs, and other legal expenses. To the extent permitted by the United Slates Bankruptcy Code, Trustor agrees to pay the reasonable attorneys fees Beneficiary incurs to collect the Secured Debt as awarded by auy court exercising Iurisdiction under the Bankruptcy Code. This Securely Instrutiient shall remain in effect until released. Trustor agrees to pay for any recordation costs of such release. 11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used i^ this section, (1) Environmental Law means, without lunitation, the Comprehensive Environmental Response, Compensation and Liability Act (CEKCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general oppinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) I-[azardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safely, welfare or environment. 1'he teen includes, without tunitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Trustor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Beueficiary, no 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 normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged mwriting to Beneficiary, Trustor and every tenant have been, are, and shall reiriain in full. compliance with any applicable Environmental Law. C.'frustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs on, under or about the' Property or there is a violation of any Environmental Law concerning the Properly. In such au event, 1'ruslor shall take all necessary remedial action iu accordance with any'Enviroumental Law. ~~®© 1994 Bankers Systems, Inc., St. Cloud, MN Form OCP-fl EDT-NE 5/10/2005 ~~ / (page 3 0/ 4J J !' / 200'75189 ~: D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to 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 Enviromnental Law. 12. ESCROW TOR TAXES'AND.INSURANCE. Unless otherwise provided in a separate ayrecntent, Trustor will not be reyuired to pay to Beneficiary funds for taxes and insurance in escrow. 13. JOINT AND INDIVIDUAL LIABII-.TTY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. IP Trustor signs this:Security Instrument but does not sign an evidence of debt, Trustor does so only to mort~age 1'rustor's interest in the Property to secure payment of the Secured Debt and 1'ruslor does not agree to a persona ly liable ou the Secured Debt. If this Security Instrument secures a guaranty between Beneficiary and Trustor, Trustor agrees to waive any rights that stay prevent Beneficiary from bringing any action or claun against Trustor or any party indebted under the ob t~alion. 'these, rights may include, lint are not lmtited to, any anti-deficiency or one-action laws. The duties and bcnefus of this Security Instrument shall bind' and benefit the successors and assigns of `frustor trod Beneficiary. ~ 14. SEVERABILITY; INTERPRETATION. This Security Iustrwnent is complete and fdlly integrated. This Security' Instrument may not be amended or modified 6y oral agreement. Any section in this'Security~ Instrument, attaclunents, or xuy agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or unphedly pennies the variations by written agreement. If any section of this Security ]ustrument cannot be enforced according to ds terms, that section wall be'severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, ihe'singular shall include the plural and the plural the singular. The captions and headings of the sections oP this Security Instrument are for convenience only and are not to be used to interpret or define the terms'of Chic Security Instrutxient. Torte is of fete essence in this Security (ustrument. 15. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a successor trustee without any other formality than the designation in writing. The successor trustee, without conveyance of the Property, shall succeed to. all the title, power and duties conferred upon Trustee by this Security Instrutneut and applicable law. ' 1G. NOTICE. Unless otherwise reyuired by law, any notice shall be given by detiver'ing it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated iu writing. Notice to one trustor will be deemed Lo e notice to all trustors. 17. WAIVERS. Except [o the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights relating to the Properly. 18. LINE OE CREDIT. The Secured Debt includes a revolving line of credit. Although. the Secured Debt Wray be reduced to a zero balance, this Security Iustrunteut will remain in effect until released. 19. APPLICABLE LAW. 'I'bis Security Ltstruntent is governed by the laws as agreed to in tlte.Secured Debt, except to the extent reyuired by the laws of the lunsdiction where the Property is located, and applicable federal laws and regulations. 20. RIDERS. 1'he covenants and' agreements of each of the riders checked below are incorporated into and supplement and amend the tents of this Security Instrument. [Check all applicable boxes] ^ Assignment of Leases and Rents ^ Other ............................:................................................................ 21. ^ CONSTRUCTION LOAN. 'this Security [ustrument is a construction security interesf which secures an obligation incurred for the construction of an hnprovement ou the Property. 22. ^ ADDITIONAL TERMS. SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in t-tis Security Instrument and in any atGtchtnents. Trustor also acknowledges receipt of a copy of this Security Iustrunienron the date stated'on page 1. i (Siytature). ROBERT E. HANSEN (Date) (Sigtta re) ALYCE L. HANSEN (Date) ACKNOWLEDGMENT: . STATE OP .Nebraska ...................................... COUNTY OP ...~~5:.................................} ss. (°~''"'d~,t> 1'(tis instrulitenf was acknowledged before me this .20th day of November, 2007 .................................. by ROBERT E: HANSEN; ALYCE .HANSEN, Husband and Wife My connuission expires: ~ ~3 1 ~' ~ ~ (NOtary Public) QENERAL'NOTARY,-State of Nebraska GI LYNDSEY CRISS °h_'4-3 N~~-, My Comm. Exp. Sept. 13, 2008 ~er~t®© 1994 Bankers Systems, Inc„ St. Cloud, MN farm OCP-REDT-NE 5/10/2005 (page 4 0/ 4/ ~ab~ ~/