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HomeMy WebLinkAbout20075409NUM PGS DOC TAX - •CK# fEESoZQs,ffZ'PD' 0-fo- " 3 CHG ACCT# RET REFS:~-OASH_R.O.D. CK#_ yJ~l-REC'D O/~r~k o~'~D//~:oharf RETURN .~nkD~'~or1:~~7~i _1~0 ~a k o20B8 ' ~lltfiir~s rf/E G89o2 UV~IG~IpiNYWNIW'NN~ NUM ~.~ L /~cLi l x,15.,/ , RD..COMF )C ~iy6i i0.'s COMPARE ~'~ CADAS - AO ~ ADAMS COUNTY, NE FILED INST. NQ~,~ 4 Q 9 Oats /~13.v7Tjme /D:~r9A,J.f ~ $~~~ REGISTER OF DEEDS State of Nebraska Space Above Thfa Llne For Recording Data ,,. 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 Iustrunient) is .........:....:...?2.05.2007;,,;,,,,,,,,,,,,,, and the parties, their addresses and tax identification uwmbers, if required, are as follows: TRUSTOR: JOHN T. PAVELKA AND JULIA M. PAVELKA, HUSBAND AND WIFE 1203 LOCHVIEW HASTINGS, NE 689D1 ^ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and acknowledgments. TRUSTEE: BANK OF OONIPHAN PO BOX 270 DONIPHAN,NE 68832 BENEFICIARY: BANK OF DONIPHAN ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEBRASKA P 0 BOX 270 ODNIPHAN, NE 88832.0270 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Trustor's performance under this Security Iustrumeut, Trustor irrevocably grants, conveys and sells to Trustee, iu trust for the benefit of Beneficiary, with power of sale, the following described property; LOT SIX IB), BLOCK ONE 111, SKYE LOCH 6TH SUBDIVISION IN THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF The property is located in ..............................ADAMS............................... at 1203 LOCHVIEW........,.,.........,..,.....,. (County) ............................................................. .....................HASTINGS...................., Nebraska ........66801......... (Address) (City) j ~ ~ (ZIP Cade) Together with alt riglus,;,easemeuts, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian tights, ditches, and water stock and all existing and future buproventents, structures, fixtures, and replacements that may now, or at any time iu the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMI'T'. The total principal amount secured by this Security Iustrumeut a[ any one time shall not exceed $ 2b.G9.Q•A.Q ..........................................This Ihuitatiou of amount does not include interest and other fees and charges validly made pursuant to this Security lustnnueut. Also, this luuita[iou does not apply to advances made under the teens of this Security Iustrmnent to protect Beneficiary's security and to perform any of the covenants contained iu this Security Iustrumeut. 4. SECURED DEBT AND FUTURE ADVANCES. The tenor "Sectired Debt" is defined as follows: A. Debt incurred under the teens of all promissory 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 yat inchlde item sueh ar borrowers' games, note amorous, interest rates, maturity dates, etc.) PROMISSORY NOTE GATED 121512007 AT A RATE OF 7.75% IN THE NAME OF JOHN T PAVELKA AND JULIA M PAVELKA NEBRASKA -DEED OF TRUST INOT FOR FNMA, FHLMC, FHA OR VA USE) ~--^I~c~ to ®1994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT-NE 1/30/2002 (page 1 of 4/ l~V ~,,:. .. ,r .. . , alt ,f Cl;la" ...: r c.i+Ifa~,•,A ,... f`l ~~ ~' 1 SI (t e a fp 'r~' ~.. ~.~ t //~~ (~ 1.1 ~;;a .~~.:~i1 ..~..... ~ 4.V 9:.,.. . t ad a:.' ~ „ '... .,. I'~.t B ail ~fu[ure,advauc g„~€trom Beueficiary to Trustor or other future obligations 'of Trustor; to Benefciary uu¢e[,rany! """"""""'proiiitssorpZiot~;-~oh'ttact, guarayty, or other evidence of debt executed by Trustor m favor of-Benefictary;aftei~this' Securit~~Instmm~ent ~yhether or.not this Security Ltstrunteut,is"'specifically referenced..„If,more.than;oue„persou_sigusi '`•'•.':^di~tlii's~SecuntyaQifstriiiiieut, each Trustor agrees that this Security Ius[rwmeut will secure a1L:future adyauces and~'u[ure; . , ,obligations tthal, ate glveu to-.or,,ucurred;~by,.auy:.one ot:aiiore,Trustor, or any ~oue or,iiore Trustor aud~~others. All ck"- ftiture'advatices~anil other future obligations are secured by [his-Security Instrument eveu'Utough°all.'or'part°uiay not yet be advauced. All future advances"aud~other-future obligations; are secured as if made'ou the "daie'of this Security h>strmucnt. Nothing in this Security htstrmneut shall coustitute;-a; cotmnittneut to tnake additional 'or future loans or advances in any amount. Any suclrconumimteitfmusrbe"agreed to'iit a separate writing. C. All obligations Trustor owes to Beueficiary, 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 stuns advanced and expenses.-incurred by Beneficiary for insuring, preserving or otherwise protecting the Property and its value and any other sums advauced and expenses incurred by Beueficiary under the teens of this Security Instrument. This Security Ltstnunent will not secure any other debt if Beueficiary fails to give any required notice of-the right of rescission. - . _ . 5. PAYMENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and iu 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 this Security Ltstrumeut and has the right to irrevocably gran[, convey, and sell the Property to Trustee, in trust, with power of sale. Trustor also warrants that the Property is uneucmnbered, except for encumbrances of record. 7. 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 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 from the holder. C. Not to allow any modification or extettsiou of, nor to request any future advances under any note or agreement secured by the lien document without Beneficiary's prior written consent. 8. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, eucuutbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Beueficiary 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 Property against any claims that would impair the lien of this Security Instrument. 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 nnprove the Property. 9. DUE ON SALE OR ENCUMBRANCE. Beueficiary may,. at its option, declare the entire balance of the Secured Debt to be imunediately due and payable upon the creation of, or contract fot the creation of, any lieu, eucmnbrauce, 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 Itts[rmment is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep [he Property iu goofl condition and make all repairs that are reasonably necessary. Trustor shall not conunit or allow any waste, impainuent, 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. Trustot will not permit any change iu any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands, proceedings, clahus, and actions against Trustor, and of any loss or datnage to the . Property. Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Propeny at any reasonable time for the purpose of inspecting the Property. Beneficiary shall give Trustor notice at We tune of or before au inspection specifying a reasonable purpose for the iuspectiou. Auy iuspectiou of the Property shall be entirely for Beneficiary's benefit and Trustor will in no way rely ou Beneficiary's iuspectiou. 11.. AUTHORTTY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained iu this Security . ,Instrument, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as attorney in fact to sign Trustor's ttatne or pay any atmouut necessary for perfonttauce. Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's failure to perfonu will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or Utis Security Iustrmneu[. If any consttuc[iou ou the Propeny is discontinued or not carried on iu a reasonable manner, Beueficiary may take all steps necessary to protect Beneficiary's security interest in the Property, iucludiug completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys, to Trustee, iu trust for the benefit of Beneficiary as additional security all the right, title and interest iu the following (all referred to as Propeny): existing or future leases, subleases, licenses, guaranties and any other written or "verbal agreements far the use and occupancy of the Property, including any extensions, renewals, modifications or replacements (all referred to as Leases); and teats, issues and profits (all referred to as Reu[s). In the event any item listed. as Leases or Reu[s is determined to be personal property; this Assignntenf 'will also be regarded as a security agreement. Trustor will promptly provide Beueficiary 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 Assigtuitent, and all future Leases and any other information with respect to these Leases will be provided immmediately 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 commingle the Rents with any other funds. Trustor agrees that this Security Instrument is immediately effective between Trustor and Beueficiary and effective as [o third parties ou the recording of this Assigmneut. As long as this Assigmnent is iu effect, Trustor warrants and represents that no default exists under the`Leases, and the panics subject to the Leases have not violated.auy applicable law on leases, licenses and landlords and tenants. .. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees • to comply with the provisions of any lease if this Security Iustruntent is on a lcasehold..If the Property includes a unit iu a condominium or a planned unit development, Trustor will perfomt all of Trustor's duties undet the covenants,. by-laws, or regulations of the condominium or planned unit development. ~~ m 7994 Bankers Systems, Inc., St. Lloud, MN Form RE-DT-NE 1/30/2002 ~ . . (page 2 of 4/ ~~y ~, }° ~~ ~'~°tr ~~~~ ~~0'~5409 14. DEFAULT.. Trustor will be iu default if any parry obligated ou the Secured Debt fails to make payment when due. Trustor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for [he purpose of creating, securing or guarantying the Secured Debt: A good faith belief by Beneficiary that Beneficiary at any thus is insecure with respect to any person or'eutity obligated ou the Secured Debt or that the prospect of any.payment or the value of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. I^ sottte instances, federal and state law will require Beneficiary to provide Trustor with notice of the right to cure of other notices and may establish [hue schedules for foreclosure actions. Subject to these Ihttitattons, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument iu a manner provided by law if Trustor is iu default. At Ute option of Beneficiary, all or any part of the agreed fees and charges; accrued interest and principal shall become hnmediately due and payable, after giving notice if required by law, upon .the occurrence of a default or auythne thereafter. In addition, Beneficiary shall be entitled [o all the remedies provided by law, the terms of the Secured Debt, this Security Instrmnent and ahy related docuuteuts, including without lhuitatiou, the power to sell- the Property. If there is a default, Trustee shall, in addition to any other penuitted remedy, at 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 thus and place as Trustee designates. Trustee shall give notice of sale including the time, temis and place •of sale and a description of the property to be sold as. required by the applicable law iu effect at the Bute 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 casts, .shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior eucuntbrauces and interest thereon, and the principal -and interest ou the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of conveyance shall be~prhua facie evidence of the facts set forth therein. All remedies are distinct, cumulative and uo[ exclusive, and the Beneficiary is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Beneficiary of any sum iu payment or partial payment on the Secured Debt after t(te balance is due or is accelerated or after foreclosure proceedings are filed shall not 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 [o later consider the event a default if it continues or happens again. 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited bylaw, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant iu [his Security Instrmnent. Trustor will also pay ou demand any amount 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 payntcut until paid iu full at the highest interest rate in effect as provided iu the temts of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting. Beneficiary's rights and remedies wtder this Security Instrmnent. This amount may include, but is not liutited [o, attorneys' fees, court costs, and other legal expenses. This Security Instrument 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, (1) Euviromneutal Law means, without limitation, the Comprehensive Euviromneutal Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9(i01 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, enviromueut or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or coutatuiuaut which. has characteristics which reader the substance dangerous or potentially dangerous to [he public health, safety, welfare or euviromneut. The tenu includes, without Ihuitatiou, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Euviromneutal Law. Trustor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is or will be located, stored or released ou or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the uonnal use and maiuteuauce of the Property. B. Except as previously disclosed and acknowledged iu writing to Beneficiary, Trustor and every tenant have been, .are, and shall remain iu full compliance with any applicable Euviromneutal Law. C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs ou, under or about the Property or there is. a violation of any Euviromneutal Law concerning the Property. Iu such au event, Trustor shall take all necessary remedial action in accordance with any Euviromneutal Law. D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to [he release of threatened release of any Hazardous Substance or the violation of any Euviromneutal Law. 18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, entiueut domain, or any outer means. Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described actions of claiuts. Trustor assigns to Beneficiary the proceeds of any award or clauu for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered paynteuts and will be applied as provided iu this Security htstrutnent. This assigtmtent of proceeds is subject [o the terms of any prior mortgage, deed of [rust, security agreement or other lieu document. 19: INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and locatimt. This iusurauce shall be maintained iu the uuounts and for the periods that Beneficiary requires. What Lender requires pursuant to the preceding sentence eau change during the tens of the loan. 1'he insurance carrier providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, which shall not 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 in the Property according to the temts of this Security Instrmnent All iusurauce policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Trustor shall hnmediately notify Beneficiary of cancellation or temtination of Ute insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Trustor shall iuunediately give [o Beucficiary all receipts of paid prentituns and renewal notices. Upon loss, Trustor shall give immediate notice to the insurance carrier and Beucficiary. Beutciatp^rnapxnak,~•~rooFt~igs not made inuuediately by Trustor. ataet~;a,1 ro r,_I:•.-l~tftai r.l,'•a,ei' fit ,~ Ji~'rtUit`iA: ,~ :,riz.~~St}I (page 3 of 4J " t't}$ ,t~ .'1s i .f,."? .fN'f+n, ry !A R^-5`::~5`~,. ~ ~ . -g/~e ©1994 Bankers Systems, Inc„ St. Cloud, MN Form RE-DT-NE 7/30/2002 ~ s .. ...,., .+....w.w.....n....,.a.,.-...M,......a. ~....n...... ~~ y I., 200'75409 Utiless otherwise agreed in 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. Auy application of proceeds to principal shall no[ extend or postpone the due date of the scheduled payment nor change the atuount 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 htunediately before the acquisition. 20t ESCROW FOR TAXES AND INSURANCE. ~Uuless otherwise provided iu a separate agreement, Trustor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. ; 21. FINANCIAL REPORTS AND ADDTTIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any financial statement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any additional docmuents or certifications that Beneficiary Wray cmtsider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrmuent and Beneficiary's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS'BOUND. All duties under this Security Lrstrument are joint and individual. If Trustor signs this Security Instrwiieut but does not sign au evidence of debt, Trustor does so otily to mortgage Trustor's interest in the Property [o secure payment of the Secured Debt and Trustor does not agree to be personally. liable ou the Secured Debt. If this Security Iustnunent secures a.guaranty~ between Beneficiary and Trustor, Trustor agrees to waive any rights that Wray prevent Beneficiary from bringing any action or claim against Trustor or any party indebted under the obligation. These. rights may include, but are not lnuited to, any anti-deficiency or one-action laws. Trustor agrees that Beneficiary and any party to this Security Iustrutneut Wray extend, modify or make any change iu the terms of this Security _ Instrument or any evidence of debt without Trustor's consent. Such a change will not release Trustor front the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. 23. APPLICABLE LAW; SEVERABII,TI'Y; INTERPRETATION..Tltis Security Instrument is governed by the laws of the jurisdiction in which Beneficiary is located, except [o [he extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Iustnuneut is complete and fully integrated. This Security Lts[runtent, may no[ be azuended or modified by oral agreement. Any section iu this Security Ittstrmnent,. attacluuents, or any agreement related to the Secured Debt that conflicts with applicable law-will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument. cannot be enforced according. to. its tenus, that section will be severed,aud 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. Tlie captions and headings of the sections of this Security Iustnuueut are for convenience otily and are not to be used to interpret or define the terms of this Security htstrurneut. 'l'ime is of the essence in this Security Instrmneut. 24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may .front time to time remove Trustee and appoint a successor trustee without any other formality than dte designation iu writing. The successor trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Iustrmneut 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 ou page 1 of this Security Instrmueut, or to any other address designated in writing. Notice to one trustor will be deemed to be notice to all~trus[ors. 2G. WAIVERS, Except to the extent prohibited by law,' Trustor waives all appiai'scritent and homestead` exemption rights relating to the Property. 27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ^ Lirie of Credit. The Secured Debt includes a revolving litre of credit provisiou.:4lthough the Secured Debt Wray be reduced to a zero balance, this Security Instrument will remain iu effect until released. ^ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an iruprovemeut on the Property. ^ Fixture Filing. Trustor grants to Beneficiary a security interest iu all goods that Grantor owns now or in the future and that are or will become fixtures related to the Property. This Security Iustnunent suffices as a firtaucing statement and any carbon, photographic or other reproduction utay be filed of record for purposes of Article 9 of the Uuifornt Conuuercial Code. ^ Riders. The covettauts and agreements of each of the riders checked below are incorporated into and supplement and amend the tenus of this Security Instrument. [Check all applicable boxes] ^ Condominium Rider ^ Planned Uuit Development Rider ^ Other .................................................. ^ Additional Terms. SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained, in.this Securi[y.,tns[rWneut. and in any attachments. Trustor also acknowledges receipt of a copy of this Security Instrument ou the date stated ou page 1. .......... ........... .... ~ .............................. ..... ............ /-J ~ J~~~ (Signature) OHN T. PAVELKA (Date) (Signature) JULIA M. PAVELKA (Date) ACKNOWLEDGMENT: SPATE OF NE9PASKA ..................................... COUNTY OF ADAMS.................................:...........} ss. (t'a'"~oa1) 'This instrument was acknowledged before me this .:~......5.T.y..,.,,., day of ..........'......D.ECEMBER,.20D7......,.......... by JAyNT, FAYEIJ(A; J.UIIA M.PAVELKA,.NUS9AND.AND.kV1FE .......... ..:......................:.:.......:.....:...:...`..:::.....:...... . ' My connitission ex rtes:' ~-.~=!/' ' ~ ' (/~/ // GENERAL NOTARY State of Nebraska ... ... ..... ... • ~F...+~~~Z~~~....... . yD~yEBeRtpA~J~.yBA~pR~TUNg~ntEK (Notary Public) Ej(~e~e 01994 Bank r Inc.'BtC~fbIId 1WFf X'bTIn~ED~NE 1/30/2002 (page 4 of 4, `i~rLS'