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ADAMS COUNTY, NE
FILED
INST. N0.` r ~ ~ 2
Date -5"0
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REGISTER OF DEEDS
"'1DPtS - AO '~
DEED OF TRUST
THIS DEED OF TRUST, is made as of the ~j~ day of ~' , 2007, by and
among JUAN PINZON and SII.,VIA PINZON, Husband and Wife, whet er one or more persons
("Tmstor"), whose mailing address is 410 North Bellevue, #2, Hastings, Nebraska 68901;
BRAD MONCRIEF, Attorney at Law, ("Trustee"), whose mailing address is 1239 N. Burlington
Avenue, Suite 200, Hastings, Nebraska 68901; and GERALD J. GRUNDMAYER and
BARBARA J. GRUNDMAYER, Husband and Wife, 803 East Park Street, Hastings, NE 68901,
and CHAD W. COCHRAN, a single person, 1200 Ganville Street, Palmer, Alaska 99645,
whether one or more persons ("Beneficiary).
FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys 'and
assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of
Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the real
property, located in the County of Adams, State of Nebraska, and described as follows (the
"Property"):
Lot Eight (8), Block Thirteen (13), Moore's Addition to the City of Hastings, Adams
County, Nebraska, according to the recorded plat thereof.
LAW OFFICE
BRAD MONCRIEF,
L.L.c.
1239 N. Burlington Ave.,
Suite 200
,Hastings, NE 68901
(402)462-5353
TOGETHER WITH, all rents, easements, appurtenances, hereditaments; interests in
adjoining roads, streets and alleys, improvements and buildings of any kind situated thereon and
all personal property that may be or hereafter become an integral part of such buildings and
improvements, all crops raised thereon, and all water rights.
The Property and the entire estate and interest conveyed to the Tmstee are referred to
collectively as the "Trust Estate".
FOR THE PURPOSE OF SECURING:
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. 200'7532"1
a. Payment of indebtedness in the total amount of $19,750.00 with interest of 8%
thereon, as evidenced by that certain promissory note of even date (the "Note") with a maturity
date of September 1, 2017, executed by Trustor, which has been delivered and is payable to the
order of Beneficiary, and which by this reference is hereby made a part hereof, and any and all
modifications, extensions and renewals thereof, and
b.. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest
thereon at the rate of 10.0% per annum.
This Deed of Trust, the Note, and any other instrument given to evidence or further
secure the payment and performance of any obligation secured hereby are referred to collectively
as the "Loan Instnunents".
TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
1. PAYMENT OF INDEBTEDNESS. Trnstor shall pay when due the principal of, and
the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as
provided in the Loan Instruments.
2. TAXES. Trustor shall pay each installment of all taxes and special assessments of
every kind, now or hereafter levied against the Trust Estate or any part thereof, before
delinquency, without notice or demand, and shall provide Beneficiary with evidence of the
payment of same. Trustor shall pay all taxes and. assessments which may be levied upon
Beneficiary's interest herein or upon this Deed of Trust or the debt secured hereby, without
regard to any law that may be enacted imposing payment of the whole or any part thereof upon
the Beneficiary.
3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage
insurance insuring the improvements and buildings constituting part of the Trust Estate for an
amount no less than the amount of the unpaid principal balance of the Note (co-insurance not
exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in
favor of Beneficiary and shall not be cancelable, terniinable or modifiable without Ten (10) days
prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the Trust
Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not
deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate.
4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any
~Aw oFF1cE action or proceeding purporting to affect the security hereof or the rights or powers of
Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title
BRAD MONCRIEF,
r,.r..c. and attorne 's fees to the extent allowed b law in an such action or roceedin m which
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1239 N. Burlington Ave.,
Suite 200
Hastings, NE 68901
(402)462-5353
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LAW-OFFICE
BRAD MONCRtEF,
L.L.c.
1239 N. Burlington Ave.,
suite 200
Hastings, NE 68901
(402) 4G2-5353
Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any acts
as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each
in its own discretion, without obligation so to do and without notice to or demand upon Trustor
and without releasing Trustor from any obligation,.may make or do the same in such manner and
to such extent as either may deem necessary to protect the security hereof. Trustor shall,
immediately upon demand there for by Benef ciary, pay all costs and expenses incurred by
Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including
without. limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees.
Any such costs and expenses riot paid within Ten (10) days of written demand shall draw
interest at the default rate provided. iii the Note.
5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein,
be taken or damaged by reason of any public improvement or condemnation proceeding, or in
any other manner, including deed in lieu of condemnation ("Condemnation"), or should Trustor
receive any notice or other information regarding such proceeding, Trustor shall give prompt
written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards
and other payments or relief thereof, and shall be entitled at its option to commence, appear in
and prosecute in its own name any action or proceedings. Beneficiary shall also be, entitled to
make any compromise or settlement in connection with such taking or damage. All such
compensation, awards, damages, rights of action and proceeds awarded to Trustor (the
"Proceeds") are hereby assigned to Beneficiary and Trustor agrees to execute such further
assignments of the Proceeds as Beneficiary or Trustee may require.
6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time,
by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and
recorded in the County in which the Trust Estate is located, and by otherwise complying with the
provisions of the applicable law of the State of Nebraska, substitute a successor or successors to
the Trustee named herein or acting hereunder.
7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit
of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors
and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or
not named as Beneficiary herein.
8. SALE OF SECURED PROPERTY. It is hereby agreed between the Beneficiary and
Trustor, in the event that the Trustor shall sell the properly then the Deed of Trust and
Promissory Note shall become due and payable immediately.
9: INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are
authorized to enter at any reasonable time upon or in any part of the Trust Estate for the purpose
of inspecting the same and for the purpose of performing any of the acts it is authorized to
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200'7532'7
LAW OFFICE
sRA~ Morrc~ucr,
L.L.C.
1239 N. Burliny+ton Ave.,
Suite 200
Hastings, NE 68901
(402)462-5353
perform under the terms of any of the Loan Instruments.
10. EVENTS OF DEFAULT. Any of the following events shall be deemed an event of
default hereunder:
(a) Trustor shall have failed to make payment of any installment of interest, principal, or
principal and interest or any other sum secured hereby when due; or
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(b) There has occurred-a breach of or default under any term, covenant, agreement,
condition, provision, representation-or warranty contained~in any of the Loan Instruments or in
any mortgage or security instrument which is superior to this Deed of Trust upon the Property.
11. ADDITIONAL EVENTS OF DEFAULT; TRANSFER OF PROPERTY. If all or
any part of the Property or any interest therein is sold or transferred by Trustors without
Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance
subordinate to this Deed of Trust, (b) the creation of a purchase security interest for household
appliances (c) a transfer by devise, descent or by operation of law upon the death of a joint
tenant or (d) the grant of any leasehold interest of three years or less not containing an option to
purchase, Beneficiary's may, at Beneficiary's option, declare all the sums secured by this Deed of
Trust to be immediately due and payable.
12. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should any
event of default occur Beneficiary inay declare all indebtedness secured hereby 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 Beneficiary may:
(i) 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, enter upon and
take possession of the Trust Estate, 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 rent ability of the Trust Estate, or part thereof or interest therein, increase the
income therefrom or protect the security thereof and, with or without taking possession of the
Trust Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past
due and unpaid, and apply the same, less costs and expenses of operation and collection,
including attorneys' fees to the extent allowed by law, upon any indebtedness secured hereby, all
in such order as Beneficiary may determine. The entering upon and taking possession of the
Trust Estate, the collection of such rents, issues and profits and the application thereof as
aforesaid, shall.not cure or waive any default or notice of default hereunder or invalidate any act
done in response to such default or pursuant to such notice of default and, notwithstanding the
continuance in possession of the Trust Estate or the collection, receipt and application of rents,
issues or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in
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any of the Loan Instruments or by law upon occurrence of an event of default, including the right
to exercise the power of sale;
(ii) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
receiver, or specifically enforce any of the covenants hereof;
(iii) 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 Trust Estate to be sold, which
notice Trustee shall cause to be duly filed for record in the appropriate Official Records of the
County in which the Trust Estate is located.
13. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect to foreclose by
exercise of the Power of Sale herein contained, Beneficiary 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 hereby as Trustee may require.
(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded,
published and delivered to Trustor such Notice of Default as then required by law and by this
Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be
required by law and after recordation of such Notice of Default and after Notice of Sale having
been given as required by law, sell the Trust Estate 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 deternune, 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 thereof its good and sufficient deed or deeds conveying the
properly 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 Beneficiary, may purchase at such sale and
Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers.
(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee
and of this Trust; including costs of evidence of title in connection with sale, Trustee shall apply
the proceeds of sale to payment of (i) all sums expended under the terms hereof, not then repaid,
with accrued interest at Ten Percent (10%) per annum, (ii) all other sums then secured hereby,
and (iii) the remainder, if any, to the person or persons legally entitled thereto.
(c) Trustee may, in the manner provided bylaw, postpone sale of all or any portion of the
Trust Estate.
LAW OFFICE -
Banll MoNCiucF, 14. REMEDIES NOT EXCLUSNE. Trustee and Beneficiary and each of them shall be
L.L.c. entitled to enforce a ent and erformance of an indebtedness or obli ations secured hereb
P Ym P Y g Y
1239 N. Burlington Ave.,
Suite 200
Hastings, NE 68901
(402)462-5353
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200'75327
uw orF1cE
BRAD MONCRILF,
L.L.C.
1239 N. Burlington Ave.,
Suite 200
Hastings, NE 68901
(402)4G2-5353
and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or
other agreement or any laws now or hereafter in force, notwithstanding that some or all of such
indebtedness and obligations secured hereby 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 herein contained, shall prejudice or in any manner affect Trustee's
or Benef ciary's right to realize upon or enforce any other security now or hereafter held by
Trustee. or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them; shall be
entitled to enforce this Deed of Trust and any other security now or hereafter held by Benef ciary
or Trustee in such order and manner as they or either of them may in their absolute discretion
determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended
to be exclusive of any other remedy herein or by law provided or permitted, but each shall be
cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute. Every power or remedy given by any of the Loan
Instruments to Trustee or Beneficiary 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 Beneficiary and either of them may pursue inconsistent remedies.
Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment
against the Trustor to the extent such action is perntted by law.
15. REQUEST FOR NOTICE. Trustor hereby requests a copy of any notice of default
and that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph
of this Deed of Trust.
16. GOVERNING LAW. This Deed of Trust shall be governed by the laws of the State
of Nebraska. In the event that any provision or clause of any of the Loan Instruments conflicts
with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments
which can be given effect without the conflicting provision, and to this end the provisions of the
Loan Instruments are declared to be severable. This instrument cannot be waived, changed,
discharged or terminated orally, but only by an instrument in writing signed by the party against
whom enforcement of any waiver, change, discharge or termination is sought.
17.` RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating.
that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the
Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees,
Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without
warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance
of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any
reconveyance may be described as "the person or persons legally entitled thereto". Trustor shall
be responsible for and pay all legal fees and recording fees for the preparation and recording of
the deed of reconveyance to be later filed hereunder.
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18. NOTICES. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve
any notice, demand, request or other communication with respect to this Deed of Trust, each
such notice, demand, request or other communication shall be in writing and shall be effective
only if the same is delivered by personal service or mailed by certified mail, postage prepaid,
return receipt requested, addressed to the address set forth at the beginning of this Deed of Trust.
Any party may at any time change its address for such notices by delivering or mailing to the
other parties hereto, as aforesaid, a notice of such change. ;
19. ACCEPTANCE BY TRUSTEE. Trustee, accepts this: Trust when this Deed of
Trust, duly executed and acknowledged, is made a public record as provided bylaw.
20. ESCROW. Upon written request by Beneficiary/Lender, Trustor shall pay to
Beneficiary/Lender, in such manner as Beneficiary/Lender may designate, sufficient sums in
addition to the payments required under the Note secured hereby, to enable Beneficiary/Lender
to pay as they become due the following: (i) all taxes, assessments and other charges against the
Property, (ii) the premiums on the property insurance required hereunder.
~IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and
year first above written. '
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J AN N, rustor
SS V~ ON, Trustor
LAW OFFICE
BRAD MONCRIEF,
L.L.C.
1239 N. Bwlington Ave.,
Suite 200
Hastings, NE 66901
(402) 462-5353
STATE OF NEBRASKA )
ss.
COUNTY OF ADAMS )
On this ~ ~~ day of ~, ~ S , 2007, before me, the undersigned Notary
Public personally came JUAN PIN Nand SILVIA PINZON, Husband and Wife, to me
known to be the identical persons whose names are subscribed to the foregoing instrument and
acknowledged the execution thereof to be their voluntary act and deed.
~ ~~~
of ~ ublic
ENERAL NOTARY • State of Nehraska
~I DEBBRA L. WEBER
-.,~- My Camm. Exp. Oct. 74, ?.008 `
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