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HomeMy WebLinkAbout20075512NUM PGS~ ADAMS COUNTY, NE FEC STAaSJ=Sl~1. PDs~.L~Q_ CK# ~ I FILE D cHG accT~ 2oo~ssl2 ~ INST. N0. ` 5 ~. 2 RET F~'EgqE,~,S: ~~rr CASH_R.0 K#._ Date -ao-o Time lo- 53 n'1 REC'W1L'J~ ~ NUM ~cls~' ~ A.~.d7 t I RETURN "'~"'^- S~QVYURR~ ~ "~!11'ItC+,~ITYfI " ~ ~ RD. COMP +~ il..P,J ~'S9 (I ~, REGISTER Or f'r`~S COPJIPARE /Q.o- ' CADAS -- AO ~ Stale of Nebraska Space Above This Line For Recording Data DEED OF TRUST (With Future Advance Clause) ^ Construction Se: ursty, Agreement -= ,..-... ^ Master form recorded by ............................. 1. DATE AND PARTIES. The date of this Deed of Trust (Security Instrumeut) is ..................12;14 ;2007 , . , . , , , , , , , , , , , , . and the parties, ttieir addresses and tax identification numbers, iftequired, are as follows: 1'RUSTOR: GORDON C. WHEELER and EDITH D. WHEELER, Husband and Wite 822 EAST 4TH ST HASTINGS, NE 68901 ^ [f'.checked,' refer ~to: the attached: Addendwn. iucorporated• herein, for additional Trustors, their signatures and acknowledgments. - ' . ': TRUSTEE: Heritage Bank 800 W 3rd Street ' Hastings, NE 68901 BENEFICIARY: Heritage Bank Organized and existing under the laws of the state of Nebraska 800 W 3rd Street P.O. Box 349 Hastings, NE 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 Instrumeut, Trustor irrevocably grants, conveys arrd sells to Trustee, iu trust for'the benefit of Beneficiary, with power of sale, the following described property:.. THE EAST, TEN (E 101 FEET OF LOT EIGHT 181 AND ALL OF LOT SEVEN 111, BLOCK THREE 131, EAST THIRD STREET ADDITION TO THE CITY OF'HASI'INGS,'ADAMS COUNTY, NEBRASKA; ACCORDING;TO-THE RECORDED PLAT THEREOF , The property is located in ............................. AgAMS.............................. at 822,EAST.4TH.ST.'.......................... . (County) .................................................:..... ... ..:....:::..HASTIN.GS:..................., Nebraska ........6890.1........ (Address) (City) (ZIP Code) Together 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 improvettteuts, structures, fixtures, and replacements that may now, or at any tune iu 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 $ 7,P96,9P ...........................................This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this lunitation does not apply to advances made under the teens of this Security lustrumeut to protect Beneficiary's security and to perform any of the covenants contained in this Security Instrwnent. 4. SECURED DEBT AND-FUTURE ADVANCES. The term "Secured 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 you inchtde items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) PROMISSORY NOTE DATED 12-14.07, MATURING DECEMBER, 2012. NEBRASKA'-DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USEI ~rL "' ©1994 Bankers Systems, Inc., St. Cloud, MN Form RE~DT-NE 1/30/2002 ~~ ~~ ~ /pageQ1~0~141~ ~O~ I 2U0"155.12.... ., B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any promissory Hole, contract, guaranty, or other evidence of debt executed by Trustor iu favor of Beneficiary after this Security Instrument whether or not this Security lustruntent is specifically referenced. If more than one person signs this Security' Instrument; each 'Trustor agrees that. this Security Instrument will secure all future advances add future obligations shat are giyeu,.to or incurred by any one or more Trustor„ or any .one. or more Trustor and others. All Puthre advances xnd other future obligations,, are secured by.this Security [nstruttient even though all.oi• part may. not ye[ be advadced: All future advances. and other future obligations are secured as if made on the date of this Security Instrument, Nothing. iq.this,Security Instrument. shall constitute a commitment to-make additional or future loans or advances iu arty amount Any such commnitment must be agreed io iu a'separate writing. C. All obligations Trustor owes to Beneficiary,..which may later arise, ~tottie extent not prohibited by law„ iuoludiug, but, not lhnited to, liabilities for overdrafts relating to any, deposit ..account agreement between 'frustor and Beneficiary. D. All additional sutras advanced and expenses..imcurred by Beneficiary for insuring, preseiving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Bedeficiary under the terms of this Security Instrument. Phis Security lmstrument will not secure any other debt if Beneficiary fails to give any required notice of the right of CeSCititilon. 5. PAYMENTS. frustor agrees lhxt xll payntemts under the Secured Debt will be paid when due and iu accordance with the tenus of the Secured Debt and this' Security instrument. ~ ` 6. WARRANTY OF TITLE. frustor warrants that frustor 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 of 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 lien document that created x prior security interest or encumbramce on the Property, Trustor agrees: A. To make all payments when due and to perform or comply with all covenants. B. 'To promptly deliver to Beneficiary any notices that Trustor receives front the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document wilhourBeueficiary's prior written consent. 8. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments; liens, encumbrances, lease payments,. ground rents, utilities, and other charges relating to the Propeny when due. Beneficiary may require Trustor to .provide to Beneficiary copies of all notices that sdch amounts are due and the receipts' evidencing. "I'rustor's :payment: Trustor will defend title to the Property against any clahns that would hnpair the lien oP this Security [ustrumeut. Trustor agrees to assign [o 13eiteficiary, as requested by Beneficiary, any rights, clahus or defenses Trustor may have against parties who supply labor or materials to maiutaid or gnprove the Property. 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary niay, at its option, .declare the. entire balance of the Secured. Debt to be immtediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Properly. This right is subject to the restrictions hnposed by federal law (12 C.P.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and make all repairs that are reasonably necessary. Trustor shall not conunit or allow any waste, unpainneut, or deterioration of.the Property.. Trustor will Keep the Property free of noxious weeds and grasses. Trustor agrees that the. dature of the 'occupancy and 'use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any change io xuy license, restrictive covenant or easement without Beneficiary's prior written consent Trustor will ^otify Beneficiary of all demands, proceedings, clahns, and actions against Trustor, and of any loss or dantage to the Property. Beneficiary or Beneficiary's agents mxy, at Beneficiary's option, cuter the Property at any reasonable time for the purpose of inspecting the Properly. Beneficiary shall give Trustor notice at the thne of or before an. inspection specifying a reasoua~le purpose for the inspection. Auy inspection of the Property shall be entirely for Beneficiary's benefit and Trustor will in no way rely on Beneficiary's inspection. 11. AUTHORI'T'Y TO PERTORM. If Trustor fails to perform any duty or any of the covenants, contained iu this Security Instrument, `Bedeficiary may, without notice, perfornt or cause them to be performed. Trustor appoints Beneficiary as attorney 'in' fact to sign 'I'rustor's naitie or pay"any amount necessary for perfontiauce. Beneficiary's right to perform for frustor shall not. create 'an obligation to perfornt, and 13edeficiary's failure to,perfonn will not preclude.Beneficiary.from exercising any of 13cneficiary's other rights under the law or this Security Ltslrurneut. If any construction ouahe Property is discontinued or not carried ou iu a reasonable manner, Beneficiary may. take all steps necessary to protect Beneficiary's security interest iu the Propeny; including completion of the construc[iou. 12. ASSIGNMENT OR 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 in the following (all referred to as Property): existing or future leases, subleases, licenses, guaranties and any other written oc verbal agreements for the use and occupancy of the Property, including any extensions, renewals, modifications or replacements (all referred toys Leases); attd teats, issues and profits (all referred to as Rents). In the event any item listed as Leases or Rents is determined to be personal property, ibis Assigmnent will also be regarded as a security agreement. 1'ruslor will promptly provide Beneficiary with copies oP the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assigunteut~ and all future Leases and any-other information with respect to these Leases will be provided utmnediately after they are executed. Trustor mxy collect, receive, enjoy and use the Rents so long as Trustor is not in default. lJpon defauh, '1'rdslor will receive any Rents in trust for Beneficiary and will not commingle the Rents with any other 1Lnds. 'frustor agrees that this Security Instrwnent is inuuediately effective between Trustor and Beneficiary and effective as to third panics ou the recording; of this -Assignment, ,As-Tong-as -this Assigmnemt is in effect, Trustor warrants and represents that uo default exists under the Leases, and the panics subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants: ' ""`"""" " """°"°•'•`°~°-~ 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the provrslous ~ofaiiy'lease"iftliis' Securiry'~In`strument is on' a leasehold. If the Propeny includes'a uniC•in a condominium or a I.: ! .+,; planned-vtnih-development;~1'rustor'will perfomt aIL of. 1'rustor's~duties,under the covenants, by-layws, or regulatigns of the ....._cuudoiniuiwu:ai;phtuucd:unit devclopirieut. ,. t " ~~ `. ` , -,c `, .{c .... q+t-" ~~}h,f ;, ~..._. • - i;, t .. ~-~pager2"of-4) i +F~ r~- ,r"...©1994 Bankers $ystams„Inc., St Cloud, MN Form RE-DT-NE 1/30/2002 ~1 ,~/~ 1 ...............................~..... .i.r. :. ._ Y,1i 1.._. '.tit, .1 J3 j.~ 4l/ lr, F~^` ~ c~ I.li~: :..~ -.., 14. DEFAULT. Trustor•will,be,.in}defauliiif,~any,;;party obligated on the Secured Debt fails to make payment when due. Trustor will be in defaulijif~Ya breach};occurs~uuder the Perms of this Security Instrument or any other document executed for the purpose' of'creatin~; securiug'~orguarantying~~theY Secured Debt. A good faith belief by Beneficiary that Beneficiary at any <. tune is'insecure"Witfi'respecf fo`any'•person"'or'entity obligated on the' Secured Debt 'or that the prospect'of any payment or the value of the Propeny is unpaired shall also'consti[ute an event of default. 15. REMEDIES ON DEFAULT.. in some instances, federal and state law will'reyuire 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 limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Trustor is in default. At the option of 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 anytune thereafter. lu addition, Beneficiary shall be entitled to all the reiedies'` provided by' law,' the ,terms of the Secured' Debt; this Security Instrument and any related documents, including without limitation, the power to sell the'PropeRy. ' If there-is a default;' Trustee shall, ih addition to any: other permitted remedy, at the request of the_ Beceficiary, advertise and sell the Property as a whole or in separate parcel's 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 time and place as Trustee designates. Trustee shall give notice of sale including the time, terms and place of sale and a description of the property to be sold as reyuired by the applicable law iu effect at the time 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 Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debr, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. 1'he recitals in ady deed of conveyance shall be prima facie evidence of the facts set forth therein.. All remedies are distinct; cuinulative and not exclusive, aed the. Beneficiary ,is entitled to all remedies provided at law or eyuily, whether or not expressly set forth: The acceptance by,l3eueficiary of any sum in payment or partial paymem on the Secured'' Debt after' llte 6alauce is dtie o~ is accelerated of 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 oa.Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again. 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law,'Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Security Instrument. Trustor will also pay on 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 payment until paid iu full at the highest interest rare in cffect.as provided in the terms of the Secured Dcbt. Trustor agrees to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security Instrument. This atnouct Wray include, but is not limited to, attorneys' fees, court costs, and other legal expecses. This Security Instruttient shall remain in effect until released..Trustor agrees to pay for any recordation costs of such release. 17. ENVII2ONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used iu this section, (1) Eeviroemental Law means, without lunitation, the Comprehensive Environmental Kesponse, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et sey.), and all other federal, state and local laws, regulations, ordieaeces, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, ecviromment or a hazardous substance; and (2) I-Iazardous 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, safety, welfare or environment. The Tenn includes, without lunitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Trustor represents, warrants and agrees that: ' A: Excepi as previously disclosed and acknowledged ie'writieg to Beneficiary', no Hazardous Substance is or will be located, stored or released on' or in the Property. This restriction ;does not apply' to small yuantities of Hazardous Substances ihaC are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C'. Trustor shall ummediately 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 Property: Iu such an event, Trustor shall take all necessary remedial action in accordance with any Environmental Law. D.'I'rustor shall unmediately notify Beneficiary iu 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 Hazardous Substance or the violation of any I;nvironntental 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, eminent domain, or any other menus. Trustor xuthorizes'Beueficiary to intervene iu Trustor's eante ie any of the above' described actions or:claittts. '1•rustor assigns to Beneficiary the proceeds of any award or claun for damages connected with a condemnation or other taking of all or any part of the Properly. Such proceeds shall be considered payments and will be applied as provided iu this Security Instrwnent. This assigmnent of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods [hat Beneficiary reyuires. What Lender reyuires pursuant to the preceding sentence can change during the terns of the loan. The insurance carrier providing the iusuraece shall be chosen by Trustor subject to Beneficiary's approval, which shall not be unreasonably withheld. IP Trustor fails to maintain Qte coverage described above, Beneficiary Wray, at Beneficiary's,optiou,.gbtaie coverage to protect Beneficiary's rights iu the Propeny according, to the terms of this Security Instrument: All insurance,policieS and: renewals shall be-accepfable to Beneficiary and shall include a standard "mortgage clause" and, where applicable, "loss, payee clause." Trustor. shall utmiediacely notify Beneficiary of.cancellation or termination of the insurance. Beneficiary shall have the right to hold .the policies and renewals. If Beneficiary .requires, Trustor shall utuuedixtely give to Beneficiary alf receipts of paid premiums and renewal notices. Upon loss, Trustor shall give ummediate Notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss,if not made unmediately by 'I'rus[or. n ~Pa9e~ pew ©1994 Bankers Systems, Inc„ St, Cloud, MN Form ftE-DT-NE 1/30/2002 ~/-G ,v~ I tti.~ 1.! h r4. +~'~ •~'1 :.i ~ t a ~ t,` t:. r ~ ~ . t ~/ Of !-} 200'75512 Unless otherwise agreed iu writing, all insurance proceeds shall be applied to the restoration or repair of the Property or Io• the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the atnoun[ of auy payment. Any excess will be paid to the Grautor. If the Property is acyuircd by Beneficiary, Trustor's right to any insurance policies and proceeds resulting from damage to,the Property before the acyuisitiou.shall pass to Beneficiary to'the extent of tlte.Secured Debt utmiediately before llie acyuisitiou: ' , 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise .provided in a separate agreement, 'frustor will not be reyuired to pay to Beneficiary funds for taxes and insurance iu escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon reyuest, any financial statement or iufotntatiou Beneficiary. may deem reasonably necessary. Trustor agrees to sign, deliver, and file any additional docuineuts or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and Beneficiary's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrutment are joint and individual if Trustor signs this Security Instrument but does not sign an evidence of debt,-Trustor does so only to mortgage Trustor's interest in the Property fo secure payment of the Secured Debt and Trustor does not agree to be personally liable ou the Secured Debt. If this Security Instrument secures a guaranty between Beneficiary aad Trustor, 'frustor agrees [o waive auy rights that may prevent Beneficiary from bringing any action or claim against Trustor or auy party indebted under the obligation: These rights ntay include, but are not Lunited to, any anti-deficiency or one-action laws. 'frustor agrees that Beneficiary and any party to this Security .Instrument tray extend, modify or make any change in the teens _of this Security Instrument or.any evidence of -debt without Trustor's consent. Such a change will not release Trustor from 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; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction iu which Beneficiary is located, except to the extent otherwise reyuired by [he taws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. 'Phis Security Instrument may not be amended or modified by oral agreement. Auy section in this Security Instrument, attachments, or any agreement related to the Secured llebt that conflicts with.applicxble law will not be effective, utiless that law expressly or umpliedly permits the. variations by written agreement. If auy section of this Security Instrument cannot be.enforced according to-its terms, that section will be severed and. will. not affect the_euforceability .of the remaiutler.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 Instrument are_for convenience. oiily. acid are not .to be used to interpret or define_the.tenns of, this Security Iustrwneut. Tithe is :of the essence in this Security Iustrwitent. 24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may front time to tune remove 'trustee and appoint a successor trustee without auy other. fonuality than the designation iu writing. 1'he successor trustee, without conveyance of the Property, 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 clas's 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 frustor will be deemed to be notice to all trustors. 26. WAIVERS. >xcept [o the extent prohibited by law, frustor waives all appraisemeut and homestead exemption rights relating to We Property. 27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ^ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although [he Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. ^ Construction Loau. This Security Instrument secures an obligation incurred for the construction of an unprovemeut ou the Property. ^ Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grautor owns now or iu the future xud shat. are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and auy carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uuiforn Cotmnercial Code. ^ Riders. The'covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terns of this Security Iustrwneut. [Check all applicable boxes] ^ Coudomitiiutti Rider ^ Planned Uuit Development Rider ^ Other .................................................. ^ Additional Terms. `' SIGNATURES: By signing below, 'frustor agrees to the teruts and covenants contained iu this Security Instrwneut and in auy attacluncuts. 'frustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. iyr ure) GORDON C. WHEELER (Date) (Sigiature) EDITH D. WHEELER (ate) ACKNOW STATMON Nebraska ....................................... COUNTY OF ....ho~c~--r'r1?.........................} ss: (°~""'do''~ This instrument was acknowledged before me this ........19th....... day of ................Reeember.2001................. by GOROQN.C..N!HEI;IER;.EDI7H.O,.WHEELI=R. 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