Loading...
HomeMy WebLinkAbout20075313NUM PGS DOC TAX CK#. 1111111 IIIII1111111111IIIII11111IIIII tun IIII IIII PEE PD~'~Q CK#~l.~13 zoo~s313 CHG ~ ACCT#' " ' REi REES: CASH R.D.D: CK# ~, ~ . ., REC'D~Z RETURN , .' ,. ~~ .; NUM ,_ '. ,,.. ~ ~-y C ' ~ ~/' ~. RD: COMPS GfG~i IJI-s.3 ;:COMPARE CADAS ~ AO '~ ADAMS COUNTY, NE FLO, INST: No.-~ ~ 0'7 5 313 Date~Tfine ~~ `~~~7 .' ~ ~T~OF DEE~ Stale of Nebraska Space Above This Line For Recording llata DEED OF TRUST - >> -(With~Tuture Advance Clause) ^ Construction Security Agreement . ^ Master form recorded by ............................. 1. DATE"AND PARTIES:',1'he date' of this"Deed of Trust (Security InstrumenE) is 12~03~2007„.,,„.,,,...... and the parties, their addresses and [ax identification nwntiers, if required, are as follows: TI2USTOR: RICHARD D: HARTMAN, A Single Person 1120 N SHOW80AT BLVD HASTINGS, NE 68901 ^ If checked, refer to the' attached Addeudwn incorporated herein, for additional 'frustors, their signatures and acknowledgments. TRUSTEE: Heritage Bank 800 West 3rd Hastings, NE 68901 BENEFICIARY: Heritage Bank Organized and existing under the laws of the state of Nebraska 600 W 3rd Stieet P.O. Buz 349 Hastings, iJE 68901 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Trustor's performance under this Security Instrument, Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit oP T3eueficiary, with power of.sale, the following described property: COMMENCING AT A POINT 41.25 FEET EAST AND 241 FEET SOUTH OF THE NORTHWEST CORNER,OF SECTION 9, TOWNSHIP 7 NORTH; RANGE 9 WEST OF THE 6TH P.M., ADAMS COUNTY, NEBRASKA, THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID SECTION A DISTANCE OF 284 FEET; THENCE EAST ON AN ANGLE OF 90 DEGREES A DISTANCE OF 365 FEET; THENCE NORTH ON AN ANGLE OF 90 DEGREES 284 FEET TO THE SOUTH PROPERTY LINE OF THE SCHOOL DISTRICT N0. 15 TRACT; THENCE WEST ALONG SAID SOUTH LINE 365 LINE TO THE POINT OF COMMENCEMENT' ~, ,. ,, , The property is located;in ................................ ApAMS.............................. at 11.20,N SHOWBOAT BLVD.:................. (Cowrty) ..........................:................................ ....................HASTINGS...................'.;..Nebraska ........6890.1......... (Address) (City) j. (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral. rights, oil and gas- rights, all water and riparian rights, ditches, and 'wafer stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any thue iu the future, be part of the real estate described above (all referred to as "Properly"). 3. MAXIMiJM OBLIGATION LIMIT. The total principal atnouut secured by this Security Iustruuteut at any one time shall not exceed $ 14,0~1:89,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 'I'bis limitation of amount does not include interest and other Pecs xud charges validly tirade pursuant to this Security Instrument. Also, this luni[a[ion does not apply fo advances made under the terms of this Securily.:liislrmneut to protect 13encficiary's security and to perform any of the covenants contained in this Security Instrument. ,` :..':.' ,.; .:. ~. , ..;... ; 4. SECURED DEBT AND FUTURE ADVANCES. 'fhe tern "Secured Debt" is defined as follows: A. llebt incurred under the terns ofall prmnissory note(s), contract(s), guarauty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amoutus, interest rates, maturity dates, etc.) NEBRASKA -DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) /~1G rLM ©1994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT-NE 1/30/2002 /~ Ipage t of 4J , „~ ^rB a--.1 .. E.1 /~ i°'x 200'75.313 B. All future advauces from Beueficiary to 'Crustor or other future obligatious of Trustor to Beneficiary under any promissory note; contract, guaranty, or other evidence of debt executed by Trustor in favor of Beueficiary after this Security Ltstruitient_whether• br uoV this Security his[rmnent is specifically referenced.', [f more than' one peisou signs this Security litstrutneut; each ~ Trustor agrees that thisSecurity Iustrulnedt wile secure'all~ future advances 'and future • • +obligatious! tliaM are givcn'to br"~ ioctiried: by' any "one or. liibre'Trustor; bri any`: ohe 'or? more Trastdr and others: All future advauccti arid-btlier!futdre otiligalions''are~secured by this`Secui•ity',Listiurireut even=?though' alC-or'part•inay not yeL be advanced:IAII'rfuturei"advauces'-aud'othecPuture'"obligations' are!secured~'as if made on the'date of this Security Instrument. Nothing iu this Security Instrument shall constitute' a coumnitmeut to make additional or future loans or advauces iu any amouutrAuy'such cormuiuucnt must be agreed to in a separate writing: ~ ~ . C. All obligatious Trustor ,owes to Beueficiary,. which may later arise, to the extent not;'prohibited by law, including, but not, lunitcd' [o,. liabilities for overdrafts relating to any. deposit' account agreelneut .between Trustor and Beueficiary. D. All additional sums advanced and expenses incurred by 1eneficiary for insuring, presewiug or otherwise protecting' the Property 'and its value and any other sums advanced and expenses incurred by Beueficiary under the terms of this Security litstrumeut. Thls-Security°.Instrumeut will itoC secure-any other debt if'Beueficiary"'fails'to` give any reyuired uotice`'of~the`right -bf CCSCISSIOn. 5. PAYMENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the teens of the Secured DebC and this Security Instrument. 6. WARRANTY OF TITLE. Trustor warrants that Trustor is or. will be lawfully seized: of the estate conveyed by this Security Instrument and has the right to irrevocably grant,' convey, and sell the Property to Trustee, in trust, with power oP sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record, 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security. agreement or other lieu document that created a prior security interest areucumbrance on the Property, Trustor agreesr' '-' A.'To make all paylneuts when _due audio perform or comply-with all covenants. "' - "•I'i' ` • ' ' 13. To promptly dcliverto%Beueficiary alit'-notices that Trustor receives from the holdei. ' °~• °!i<`~' ' C. Noh to allbw any` inbdification'• or exteuslon 'bf 'nor' to reyuesf any fuCuie `advances'~undcr any'-uoie` or agreeitient secured~by'the {icil documeirf'witliolita3clieficiary's prior written colisenc:' S. CLAIMS`AGAINST~TI'I'I;E:1~rustoc'willi pay`all taxes, assessments, liens, encwirbrauces;' lea"se payments, ground refits, utilities,.•and othcr'chaigesl relating" tb'~ffie`Propeny' wheuldue.: Beueficiary'rtiay require Trustor to provide to Beueficiary copies of all notices tliaf such amounts are due and the receipts evidencing Trustor's''paynieut: Trustbr will defend title to the Property-against any clauns that'woufd impair the lien of this Security Iustrtunent` Trustor agrees to assign to Beueficiary, as reyuested'by Beneficiary; any rights, claims or defenses Trustor may have against parties who supply labor. or materials to maintain or improve the Properly. 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the. entire balauce'of the Secured Debt to be unmediatcly due and payable upon the creation of, or contract for the creation of, any lieu, encumbrance, transfer or sale ol'thc Property. This right is subject to the restrictions imposed by federal law (l2 C.P.R. 591), as applicable. This covenant shall ru^ with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument IS CL'IL'aSed. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition aitd make all repairs that are reasonably .accessary. Trustor shall not couunit or allow any waste, impainneut, or deterioration of the Pigperty. Trustor will keep the Property free of noxious weeds and grasses. Trustoragrees that the nature of the occupancy and use will not substatulially change without Beneficiary's prior written consent. Trustor will not permit any change in any license, restrictive covenant or easement without Beneficiary'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. . Bcncl'iciary br $cneficiary's agents may, at Beneficiary's option, cuter the Property at any reasonable three for the purpose of inspecting 'the ~l'rbperry:. Beueficiary shalt give Trustor notice at the tune of or before',an inspection specifying a reasonable.purpose.?fiir'the'inspection.' Any inspection of the Property shall be entirely for Beneficiary's benefit and Truslor..will.in uo_wayrely.bn 13eueficiary's inspectiou.• •.. ~ ^:~:. ~ ' 11. AUTIIORITY'TO''PEREORM•. If Trustor-fails to perform any duty or'any of the coveuaiits contained iii this Security lustrunient 'Beneficiary `inay wllhout notice; • pcrfbrnr`or 'cause`them'lo~ be perfomred 1 kdstor appoinCs ' Beneflciary as . ,. auocuey m.facb, to' slgm Trustor s' liaiue or pay, any'aiiroun[• necessary' for perforniaice Beuefic'lary s.'iight to perfomi`for "1'ruslor shalt riot' create au obhgatiou to perform; and Beneficiary's failure. to perform wdl 'noC preclude heueficiary Crotn exercising any of Beneficiary's other rights under the law or this Security Instruineut. If aliy.,coustrucfion on the Properly is discontinued- or'nol carried ou i^ a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the PropeiYy, includiug'completiou of the construction. 12. ASSIGNMENT OE LEASES AND,RENTS. 'Trustor irrevocably assigns, grants and conveys, to Trustee, iu trust for the benefit of. Beueficiary, as additional ,security all the right, title and ~iutcrest in the tollowinb (all referred to as Property): existing or lilmre leases, subleases, .licenses, guaranties. and any other writte^ or verbal agreements for the use and occupancy. of the Property, including any. extensions, renewals, modifications or replacements (all referred to as Leases); and rents, issues•and, profits (all referred to as Rents). In the event any item listed as Leases or Rents is deternrined to be personal properly, ' Uiis Assigmuent will ~xlso be regarded as a security agreement. Trustor will promptly provide Beneficiary with copies of the' Leases.aud will certify these. Leases arc true and correct copies. The existing Leases will be provided on execution of the Assignment, aid all future Leases and any other inforntatioit with respect to these Leases will be provided iunnediately after they are executed.. Trustor may collect, receive, enjoy and use the Rents so latg as Trustor is not iu dcl'xult. Upon default, 'Trustor will receive any Rents iu trust for Beueficiary and will not. conuniugle the Rents with any other funds. Trustor agrees that this Security Instrument is unmediatcly effective between Trustor and Beueficiary -and effective as to third parties Otl the recording of this Assignmenl:° As; long` as-this Assignment is in effect, 'Trustor warrants and represents that no defauh exists under the Leases, and the parties subject to the Leases have not violated any applicable law o^ leases, licenses and landlords and tenants.. '"~...,"~,. ."'"' ..'°.."~.."" ..., .. 13. LEASEHOLDS• CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS.- Trustor agrees [o comply with the -~provlslous~of anyJease If [Gls Security lustitimeut+IS on a leasehold. If the Property inctudes'~i(yptt tga(condornliiium.or a t,, plaunc,d null dt-velopmun Trustor'will perform.all'of;.:Crustors.dlities.,under the covenanter tiy,l~wst or regulamons of the " condoliiuuum or planned uulCdcvelopmun '.'` x>~„ s: } v ; a:a .. f h 1 1 1 ~ ..1 1' II :' :'i .; .. .. - '~'~' ~ - :.. .n~ rse~v-e-^:~I'"4~ .. 1 d I"' ~'O 1994 Bankers 5 stems Inc., St. goud, MN Form RE-DT~NE 1/30/2002 ~ ~ ~.ei~Y ~~ '~~ F_~ ~, y ` l,il p .. rr 1 i..-. . ~ , ` .n.a.~wr • ,.., . / , f':IL, ~~, 1f,,1 r ' ?I F d ~ ~1 P „' ,A 4 e 1.;. ~w 1 ;~ t: , 1 , `c+ } ( 1•} ^••.• ~ ,./ ~ 3' .~ ii t J rp Lr t,%1 I ie,b.e'~ ~ t. 200'75313 -.,. 14. DEFAULT Trtistor will;bem defaultii~+any party obligated o^ the Secured Debt fails to make payment when d'ue. `Trustor will be in default if x breach;occurs:iuuder the lams oP this Security Iustrument or any other document executed for the purpose'oP crc.atiitg + isecuriug or guarantying'--? the Secured Debt. A good 'faith belief by.. Beueficiary that Beueficiary at auy tune is insecure:'wilh respect to any'persou or entity obligated on the Secured Deb[ or tliat the prospect of any paymeut or the value'of the Property is impaired shall also constitute au event of default. 15. REMEDIES ON DEFAULT. [u some instances, federal and state law will require Beneficiary to provide Trustor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these lunitations, if auy, Beneficiary may accelerate the Secured llebt and foreclose this Security lustrwnent in a manner provided by law iP Trustor is iu default. At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interesi and principal shall become . iumtcdiately .due and-,payable,..~affer giving, notice if required by law, upon the occurrence; of a default or anytime - theicaffer. Iu additiod;']3eneficiary-shall be entitled to all the remedies provided by Law, the: terms of the Secured Debt, this Security Instrwnelifaud auy related documents,. including without limitation, the power to seh the Property. If there is a default, 'I'ruslee shall,' in addition to auy other pennit[ed rernedy; at the request of the Beneficiary,. advertise and sell the Property as a.whole o'r iu separate parcels at public auction to the highest tiidder for cash and convey absolute title free and clear of ali`[iglit,'tille''aud`iiterest of Trustor at such time and place as Trustee designates. Trustee shall give ^otice oP sale including the' tune, tenns'and place of sale and a description of the property to be sold as required by the applicable law iu effect at the'tutie bP the proposed sale. Upon sale of the Propcriy and tb`the exteui 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 eucwnbrances and interest thereon, and the principal and interest ou the Secured Debt, paying the surplus, if auy, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. All remedies are distinct, cutriutative and not exclusive, and the Beueficiary is, entitled to alL remedies provided at law or .... e nit y y, -whether br uoi expressly` set forth' `Che' acceptance by Beueficiary of any sum in payment or partiaC paymeht'ou the Secured' Debt after thc'tial'atice•s`due~of is"acceleraied' or after foreclosure'.proceedings.`are'filed sfiall not constitute'a waiver of'Beheficiary s' ri~lif -to°iequire'coiiplete•cure of Any'rrzisimg''default.'By' noC exerctsidg auy remedy~'oh lrustor's default, Beneficiary: does"nbt waive Beneficiary`s right td later coosiderihe event a default if if co'ritinues'or Liappens again." ' ' 16. EXPENSES;" ADVANCES' ON` COVENANTS;''ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by laws 'Trustor agrees tb pay` all of Beneficiary's expenses' if Trustor Breaches auy codenanf' iu this' Security Iustrument: Trustor will also pay o^ demand- any amount incurred by Beueficiary for insuring, `inspecting; preserving or otherwise protecting the Property and Beneficiary's security interest. These expenses will bear interest from the date of the paymeut until paid in full at the highest. interest rate in effect as provided iu the terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beueficiary iu collecting, enforcing or protecting Beneficiary's rights' and remedies under this Security lustrwnent. Phis amount may include, but is not lunited to, attorneys' fees, court costs, and other legal expenses. This Security Instruutent shall remain .in 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, (1) Envirownental Law means, withuut.limitatiou, the Comprehensive Euvirotmieutal Response, Compensation .and, Liability Act (CERCLA, 42 U.S.C. 9601 et sey.), alid all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive, letters concerning the public health, safety, welfare, envirotunent or a hazardous substance; and (2) I-lazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which reader' the substance dangerous or potentially dangerous to the public health, safety, welfare or envirowneut. The tenn.includes, without luitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous:substance" under any Envirownental Law. Trustor represents,. warrants and agrees. Wat: A. Except as ,previously, disclosed and acknowledged iu writing to Beneficiary, uo Hazardous Substance is or will be located, stored oc tel,eased ou or in. the Property. Phis restriction does not apply to small yuautities of• Hazardous Substances that are,generally`teco,guiie~ to be appropriate forthe normal use and niaintenauce of the Property: B'Except xs previously disclosed aud~ackhowledged in writing to Beneficiary, Trustor and every.tenant.have been, are, and shall remain ig fulL conipliauce:witll`any! applicable Envirownental Law. C'. Trustor shall immediately''notify Beneficiary if a release or threatened:: release oP a, I-lazardous Substance occurs on; ' under or about the Propcrty''o'r there• is a:'violation of auy Euvironmeuta[ Law concerting the Property. lu such au event; Trustor shall take all necessary-remediaPxction'iu accordance with any Envirownental Law. D.'frustor shall unmediately' hotify Beueficiary .in writing as soon as Trustor has reason to believe there is any pending or threatened. investigation; claim, or proceeding 'relating to the release , or threatened release of any I-hazardous Substance of the u.iolation of auy Envirownental Law. ,, 18. CONDEMNATION. Trustor will give Beneficiary' prompt notice oP auy pending or threatened action, by private or public entities to.purchase or take.any ar all of the Property through condemnation, eminent dwnait,. qr any other means. Trustor authorizes Beueficiary to, intervene iu Trustor's name iu auy of the above described actions .or;claints. Trustor assigns to Beueficiary the procectls of :any award or claim for damages connected with a condemnation or other taking of all or any part of the Property.-„ Such pSOCeeds shall be considered payments and will be applied- 'as. provided in this Security Iustruuent. ';his assigGntent of. proceeds is subject tc the dcnitsoFany prior mortgage; deed of. trusu, security agreement or OLhGC Ilea document. 19. INSURANCE. Trustor.shall kee~t Property insured against loss by fire, flood, theft and outer,hazards and risks reasonably associated with the Property .clue to its type and location. This insurance shall be maintained in the antouuts and for the periods that Bcuel'iciary reyuires. ,What Lender reyuires pursuant to the preceding sentence, calf: change during the term of the loan. The iusurance,carrier.providing the insurance shall be chosen by Trustor subject to'B~ueficiary's approval, which shall not be unreasonably withheld. IP' Trustor fails to maintain the coverage described above, Beneficiary may, at Beneficiary's option, ogtain coverage to protect- Beneficiary's rights in the Property according, ~tp the teens of this Security Iustrument.... All insurance policies'aud renewals shall'be'acceptable to Beneficiary and shat[ include a staddaid ~'niortgage clause"and', where applicable;' •'"doss •payee clause." Tcustorshalt inunediately notify Beueficiary of cancellation or tenninatiou of the insurauceS~~Beueficiary'-shall^have'the'righ[ to''hold^the'-policies~•and renewals:" If'Beneficiary requires,'~Trustor'shall unntediauly''give. to. Beneficiary :all; receipts of paid premiums<.and"'renewal notices:' Upou!1oss; Trustor shall"give inmtediate notice"to the msurance'carric:r: and'Beneficixry: Beneficiary may make proof of loss if not made iitunediately' by , Trustor. ,.. .. , , ~. • ~ ~ :. ~~ • ~ ~ • . ~ ~ ~ ~ ~ ~ (Page 3 of 41 ~L,ry="' p 1994 Bankers S~stemi, In[y St. Cbud, MN Form RE-DT-NE 1/308002 ~,~y~ 3~ 200'75313 Unless otherwise agreed iu writing, all insurance proceeds shall be applied to the restoration or repair•of the`Propeny or to the Secured llebt, whether or not then due, at Beneficiary's option. Auy application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Grautoc. If the Properly is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting from datrtage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt itmnediately before the acquisition. 20. ,ESCROW TOR TAXES AND INSURANCE. Unless otherwise proeided in a separate agreement, Trustor will not be required to pay to Beneficiary funds for taxes and insur~uce iu escrow. ' 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. 'Trustor will provide to Beneficiary upon request, any financial statement or iuforntation Beneficiary may deem reasonably necessary. Trustor agrees [o sign, deliver, and file any additional- documents or certifications that' Beneficiary may consider necessary to perfect, continue, and preserve Grantor's obligations-under this SecurityIuslrwncnl and Beneficiary's lieu status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-_SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Iustrwnent are joint and individual. If Trustor signs dtis Security Iustrument~ but does not sign au.evidcncc of debt, Trustor does so Duly to mortgage Trustor's interest in the Property_ to secure payment oP the Secured Debt and 1'rus!or does not.agree-to be personally liable on the Secured-.Debt.,lf this.Secarity Instrument secures a guaranty between Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or clahn against Trustor or any party indebted under the obligation. These rights may include, -but are not Lunited to, any anti=deficiency or one-action laws. 'Trustor agrees that Beneficiary and any pang to this Security.Instrument may extend, modify or make any change iu the terms of ibis Security [uslrument or any evidence of debt without Trus[or's consent. Such a change wilt ^ot release Trustor from the terms of this Security Iustrumeut. The duties and benefits of this Security Ltslrunrenl. shill bind and benefit the successors and assigns of Trustor and Beneficiary. ' 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. Phis Security Instrunteut is governed by the laws of the jurisdiction iu which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where Chc Property is .located.- ThiS..Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified' by oral agreement. Auy section iu this Security Instrument, attachnieuts; or any agreement related to the Secured Debt that coitllicts with applicable law will not be effective, unless that law expressly or intpliedly permits the variations by written. agreetnent.~ If~any section of this Security Instrument caunoE be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrunteut arc for convenience only and are not to be used to interpret or define the terms of this Security Iustrwnent. 'fine is oi'the essence in this Security Instrument. 24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from three to time remove Trustee and appoint a successor trustee without any ocher formality thin the designation iu writing. The successor. trustee, without conveyance oP the Properly, shall succeed to all the title, power and duties conferred upon Trustee by .this Security Instrument and applicable law. 25. NOTICE. Unless otherwise reyuired 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 Instrument, or to any other address designated in writing. Notice to one truslor will be deemed to be notice to all lrustors. 2G. WANERS. Lxcept to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights relating to the Property. .~ 27. OTHER TERMS. IP c,hecked, the follo,~iug are applicable to this Security Iustrwnent: ^ Line of Credit_'I'he Sccdred Debt' includes a revolving line of credit provision. Although the Secured Debt may be reduced tq a zero'balance;,,tliS Security Iustrumeut will remain iu effect until released., .. , ^ Constructiat'Loan. 'This' Security Instrument secures au obligation incurred for the coustructiou of au huprovemeut ou the Properly. ^ Fixture Tiling. 'Trustor grants to Beneficiary a security interest iu all goods that Grantor owns now or iu the future and that. are or will. become fixtures related to the Properly. This Security Iustrumeut suffices as a financing statement and xuy carbon, photographic or other reproduction may. be filed of record for purposes. of Article 9 of the Uniform Cotmnercial Code. ^ Riders. The covenants and agreements of'each of lire riders checked below are incorporated into and supplement and amend the terms of this Security Iustrumeut. [Check all applicable boxes] ^ Coudoiuiuitiut~ Rider ^ Planned Uuit Development 12ider ^ Other .................................................. ^ Additional TermS.: ,. ~- SIGNATURES: By, siguitig bolow, Trustor agrees to the terns and covenants contained iu this Security Iustrumeut and iu any attachments. '1'ruslor also ack'nowlcdges receipt of x copy of this Security Instrwneut on the date stated ou page 1. ,.: ................................... (Siyiawrc) RICHARD D. NARTMAN (Date) (Siy~tature) (Date) ACKNOWLEDGMENT: S'fA'IB OP Nebtaska ...................................... COUNTY OF ADAMS................;;...........................} ss. (htlividuai) 'I'bis instrument.was acknowledged before me this .........3rd........ day of ................0.ecembet.2007................ by RI.CNARU A.. H9RTMA.N'. A.:$inOl~ P.ets.an ............................................................................................. . My ..fit.:... ~~~.~- ENERAL' NOTARY = State of Nebraska ~~c._~t1 ~-t,.~~^l I' ~ -' OAWN.BALDWIN ~' . • (Notary PuLtic) = My Comm. expires Aug:19 2009:.:: per-" ~ RE-DT~NE ti3oizoo2 ~ (page 4 of 4l Y,: r., ~t a a. c , ,. ,.~. F,.? ~~~ y