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HomeMy WebLinkAbout20075514NUM PGS 'T DOC TAX CK# FEESaO•~ P O.So CK# 6 I + CHG ACC1'# RET FEES:_CASH_R. . CK#~ REC'D~ ' c RETURN 1 U~~~~NB~I6N~'N NUM ad.~- RD. COMP ~ ~ ~:oaZ COMPARE CADAS ~ AO '~ ADAMS COUNTY, NE FIL D INST.N0.2 0'755,4 r, ,-. Date a/ X0-07 Time 11= o3AM REGI~TER OF DEEDS Slale of Nebraska Space Above This Line For ReconGng Dala DEED OF TRUST (With Future'Advance Clause) ^ Construction Security Agreement ' ^ Master form recorded by ............................: 1. DATE AND PARTIES. 1'tre date of this Deed of Trust (Security Instrument) is 12.14.2007,,,,-,.,•,......, ........................... and ttre parties, their addresses and tax identification numbers, if required, are as follows: "1'RUSTOR: MARCIA K. UDEN, A Single Person 615 W 10TH HASTINGS, NE 68901 ^ if checked, refer to the attached Addendum incorporated trereiu, for additional 'Crustors, 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. Por good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure ttre Secured Debt (defined below) and Trustor's performance under ttris Security Instrument, Trustor irrevocably grants, conveys and sells to Trustee, in trust for ttre benefit of Beneficiary, with power of sale, the following described property: THE EAST SIXTY-THREE (E 631 FEET OF THE NORTH SEVENTY~FIVE IN 751 FEET OF LOT TWENTY 120, IN ALEXANDER'S SECOND ADDITION TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA The property is located in ..............................AAAMS.............................. at 61,5,W J,OTH...................... ........... (County) - .......................:..................................... ....................HASTIN.GS...................., Nebraska.........6890.1......... (Address) (City) ~- ~ (ZIPCaIe) '1'ogetlrcr with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditctres, and water stock and all existing and future unproventeuts, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMTT. The total principal atnount secured by ttris Security Instrument at any one time shall uol exceed $ 40,.482,4,2 .......... . .. . . . . . . . . . ......... . . . . . . . . . . Ttris lunitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this lunitatiou does not apply to advances utade under the terms of this Security Instrument to protect Beneficiary's security and to perfornt any of the covenants contained iu this Security InstrumeuC. - 4. SECURED DEBT AND FUTURE ADVANCES. Ttre teen "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or ottrer evidence of debt described below xud all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you inclttde items such as borrowers' rtmnes, note amounts, interest rates, maturity dates, etc.) PROMISSORY NOTE DATED 1214.07 NEBRASKA -DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) F 1G~r '~ 01994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT~NE 1/30/2002 (~ I ` Ipage 1 of 4) ''' ~ 1 ~4~:.~ ~of~ 200'75.514 B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any protitissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary after this Security dustrument whether or not this Security lnstrument is specifically referenced. If more than one person signs thistSecurity`Instrunteut;' each':1'rustor'agrees•that this'Security Instrument will'•secureall future advauces ahd future %obligations, 'that. are given to or incurred. by 'any 'one or more''prustor; od any...oue ~o'more Trustor and' others.: All future -advances-aud:othec'fulure obligations<are secured by this'~Securiry Idslrument'eveu though- all' or'part~inay not yet be advanced: All-future. advances' ahd other future obligations= are. secured as if made on Ihe' date of this' Security dnstrutnea[. Nothing in this Security Instrument shalt constitute a contmitmeut to make additional or future loans or advauces in any amount. Auy such comtmitmeut must be agreed to in a separate writing. C. All obligations Trustor owes to Beneficiary, which Wray later arise,. to the extent not prohibited by law, including, but not lunited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and 1eneficiary. D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Beneficiary 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 terms of the Secured Debt and this Security Instrument. G. WARRANTY OT TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by [Iris 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 lieu document that created a prior security interest or encumbrance on the Property; Trustor agrees: 'A.'fo make all payments when due and to perform or comply witfi all covenants. 13. '1'o promptly deliver to Beneficiary any uoticcs that Trustor receives front the holder. C. Not to allow any. modification or extension .bf, 'nor"to reyuest any future advauces under any note or agreement secured.by the lien document withoutBeneficiary's prior written consent. 8. CLAIMS=AGAINST T1TLE:.Trtistor will pay all taxes; assessments; liens, encumbrances, lease payments, ground rents, utilities, and other'charges relating to the Property when.due:. Beneficiary may require Trustor to provide'to'Beneficiary copies of all uoticcs that such amounts a're due and the receipts evidencing Trtistor's payment Trustor .will defend- title to the Property against any claims that' would hnpair the lied of this Security lnstrument. Trustor agrees to assig^ to Beneficiary, as reyuested by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor or materials to ntxintai^ or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be htunediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, 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 iu effect until the Secured Debt is paid in full and this Security Ltstrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition • and, nuke .ash repairs 'dhat~rare.: reasonably- necessary:-~'I'custor shall nob' conuuir or-allow- any ~ waste; impairment; 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. Trustor 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, claims, and actions against Trustor, and of any loss or damage to the Properly. 13eucficiary or Beneficiary's agents may, at Beneficiary's- option, enter the Property at any reasonable torte for the purpose of inspecting the Property. Beneficiary shall give 'Trustor notice at the tune of or before an inspection specifying a reasonable purpose. for We inspection. Any inspection of the Property shall he entirely' for Beneficiary's benefit and "Lruslor will iu ^o way.rely on Beneficiary's inspection. 11. AUTI3ORTTY TO PERTORM. If Trustor fails to perfoint any duty or any of the covenants contained in this Security lnstrument •Beueficiary' may, without notice, perform' or cause them io be performed. Trustor appoints Beneficiary as attorney:ia:fact.lo sig^ .Trustor's''naitie or pay"any.ainouht necessary for perforinauce:'Beneficiary's"`righi`to perform for Trustor shall not creak a^ obligatiod to perform, and Beneficiary's failure to perform' wilt not preclude'Beueficiary'from exercising any of Beneficiary's' other rights under the law or ihis Security Instrument. If any construction on the 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 Property, including completion of the construction. 12. ASSIGNMENT OT LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys, to Trustee, in trust for the benefit of Beneficiary as additional security all the right; title and interest iu the following (all referred to as Properly): existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including any extrusions, renewals, modifications or replacements 'fall referred to as Leases); and rents, issues and profits (all referred to as Rents). lu the event any item listed as Leases or Rents is determined to be personal property, this Assigmnent will .also be regarded as a security agreement. Trustor will promptly provide Beneficiary wi0t copies of the Leases and will certify these Leases are true and correct copies. 'The existing Leases wilt be provided on execution of the Assignnteut, and all future Leases and any other information with respect to these Leases will be provided inuucdixtcly after they are executed. Trustor may collect, receive, enjoy and use the Rents so long as Trustor ,. ,. - is uol in default. ~ ~~ '~ ~ ~ -~' Upon default, Trustor will receive any Rents in truss Yor Beneficiary and will not cotmniugle the Rents with any other funds. Trustor agrees that this Security Instrument is inuucdiately effective between Trustor and Beneficiary and effective as to third parties on the recording o,f this Assigmneut. , As_loug .as ihis Assigmnent is in effect, Trustor warrants and represents that uo default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. -•-- --- -- ---.- .. ~.... 13. LEASEHOLDS;....CQNDQMINIUMS;' PLANNED UNIT DEVELOPMENTS. Trust r,agrees.,to/.,.comply, with the 4, , provisions, of any lease if,this Security [nstrumenl'is"on''a'leasehold:-If the Property includes'a~tinit'in'a condominium or a planned unit development, Trustor will perform all of'Trustor's duties under the covenants,,.;by,laws,, or`regulalious of,the `° condominium'or°planned-unit'developnteut.' _ e ; ,:.! ~ ',+ •" .. 11JVw M... + .,Page,2 of'41 ~~r(=M ©7994 Bankers5ystems (nc., St. Cloud, MN Form RE-DT-NE .1/30/2002 ~`( ~, . - l ._ ............ .._....._...... ...'i~ .. f 1 !~~ _. 'r: .. n .•.. .. 4 ~,I ,. .~ li.. ... pC ~/ ~/ i• • r '~2`~0 0 ! 5 5 ~,~Irs ., t~l E 4r~' n::~,':-i;i,t iH.~d'; ,:' 1r'3d it ~ii;nusa.r: . 14. DEFAULT. Trustor will be in default if any party obligated ou the Secured Debt fails to make payment when due: Trustor will be in default if a breach occurs under the teens of this Security lustrumeut or any other docmnent executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by; Beneficiary that Beneficiary at any lime is insecure with respect to auy person or entity obligated ou the Secured Debtor that the prospect of auy paymeut or the value of the Property is unpaired shall also constitute au,eveut of default. 15. REMEDIES ON DEFAULT. In 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 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. Ac the option of Beneficiary, all 'or any part of the agreed fees and charges, accrued interest and principal shall become umnediately due and„payable, after giving notice if reyuired by law, upon the occurrence of a default or anytime 'thereafter. In addition. Beneficiary shall be entitled to all the remedies provided by law, the ,teens of the Secured Debl, this Security lustrumeut and auy related documents, including without lunitatiou, the power to sell the Property. If there is a default, Trustee shall, iu addition to any, other permitted. remedy, at the request of the Beneficiary, advertise and sell the Property as a whole or in separate parcel'; at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at such tune and place as Trustee designates. Trustee shall give notice of sale including the tune, teens and place of sale and a description of the property to be sold as required by the applicable law in effect al the tune 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 Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Properly. The recitals in auy deed of conveyance shall be pruna facie evidence of the facts set forth therein. All remedies are distinct, cumulative and not exclusive,'and the Beneficiary is entitled to all remedies provided at law or eyuity,' whether or' not expressly set forth: The' acceptance by' Beneficiary' bf auy swn in payment or partial paymeut ou the Secured Debt'xfter'die balance is`dtie o'r is'accelerafeil' or affer'foreclosuce proceedings are filed shall not constitute a waiver of'Beneficiary's right to 'require 'complete cure of auy •existiug~default. By noC exercising'any remedyou 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' PEES; COLLECTION COSTS. Except when prohibited by law; Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches auy, covenant iu this Security lustrumeut. 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 dale of the paymeut until paid in full at the highest interest rate in effect as provided iu the teens of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beneficiary is collecting, enforcing or protecting Beneficiary's rights and remedies under this Security Iustrunieut. 'Phis atnouut may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrmnent shall remain in effect until released. Trustor agrees to pay for any recordation costs of such release. 17. ENVIIiONMENTAL LAWS AND HAZARDOUS SUBSTANCES. °As used'>in this section; (1)'Ehvitomnentaf Law means, without lunitatiou, the Comprehensive Euvirontnental 12espouse; Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et sey.), and all other federal, state and local Laws, regulations, ordinances, court orders, attorney general opinions oriuterpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance menus auy 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 term includes, without limitation, 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 on or, in the Property. This restriction ~ does not• apply do small quantities oP Hazardous Substances that are generallyrecognized to be appropriate forthe normal tine and' maintenance of the Property:' ' ' B. Except as previously disclosed and acknowledged iu writing to Beneficiary, Trustor and every tenant have been; are, andshall.remain im full compliance with any applicable Environmental Law. C. Trustor shall immediately notify Beneficiary' if' a release or threatened release of a Hazardous Substance occurs on; under or about the Property or'there is a roiolatiou of any Enviromnental Law concerning the Property. Itt such au event, Trustor shill take all uecessary• remedial action iu accordance with any Gnvironmeutal Law. D.'1'rustor shall umnediately notify Beneficiary iu writing as soon as Trustor has reason to believe there is any pending or threatened investigation, cline, or proceeding relating to the release or threatened release of- any I-Iazardous 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 Properly through condemnation, eminent domain, or auy other menus. Trustor authorizes Beneficiary to intervene in.Trustor's none in any of the above described .actions or,claims. Trustor assigns to 13eneficiary the proceeds of auy award or claim for damages connected with a condemnation or other taking of ill or any part of• the Property. Such proceeds shall be considered payments and will be applied as provided in this Security lustruutent. Phis assigmneut of proceeds is subject to the ternts of'auy 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 that Beneficiary reyuires. What Lender requires pursuant to the preceding sentence can change during the term of the loan. The insuraucc carrier providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, which shill 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 iu the Property according to the teens of this Security Instrumcu[: • All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and; where applicable; "loss payee clause." Trustor shall 'umnediately notify Beneficiary of cancellation or termination of the insurance. 'Beneficiary `shall have [he right'4o hold"the'' policies' and ?euewals: ' If'Beneficiary requites, Trustor shall inuucdiately 'give to Beneficiary all receipts of paid premiums and "renewal notices: 'Upon loss 1'rustor~ shall give immediate notice to the insuraucc'carrier'and'Beneficiary. Beneficiary may make proof'of loss' if not made'umitedixtely' by Trustor ..-, .. page,3 of 41 Ej~fOe LlaM m 1994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT-NE 1/30/2002 0 r T 200'75514 ,. ., Unless otherwise agreed iu 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. Any application of proceeds to principal shall no[ exteud or postpone the due date of the scheduled payment nor change the atnount of any payment. Any excess will be paid to the Grantor. If the Property is acyuired 6y Beucficiary, 1'rustor's right to any insurauce policies and proceeds resulting from damage to the Property before the acyuisitiou shall pass to Beneficiary to the extent of the Secured Debt hnmediately before the acyuisitiou. " 20. ESCROW TOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, 'Trustor will not be reyuired to pay to Beneficiary funds for taxes and insurance in escrow. Zl. FINANCIAL REPORTS AND ADDTTIONAL DOCUMENTS. Trustor will provide to Beneficiary upon reyuest, any financial statement or information Beneficiary may deem reasonably accessary: Trustor agrees to sign, di;liver, and file any additional documents or certifications that Beucficiary may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Iustrmuent and Beneficiary's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under ,this Security lustrument are joint and individual.'If Trustor signs this Security Instrument but does not sign an evidence of debt, Trustor does so auly to mortgage Trustor's interest in We Property, to secure payment of the Secured Debt and Trustor does not agree to be personally liable on [he Secured Debt. If this Security Instrument secures a guaranty between Beneficiary autl Truster, Trustor agrt:es to waive any rights that may prevent Beneficiary from bringing'any action or clahn against Trustor or xuy party indebted under the obligation. These rights may include, but are aot limited to, any anti-deficiency or one-action laws. 'Trustor agrees shat Beneficiary and any party to this Security lustrmrieut may exteud, modify or make any change iu the teens oP this Security Iustrumeut 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 in which Beucficiary is located, except to the extent otherwise required by the Laws of the jurisdiction where the Property is located. 'I'bis Security [nstrumeut is complete aad fully integrated. This Security Iustrunrent may not be amended or modified by oral agreement. Auy section in this Security Instrument, attachments, or any agreement related to the Secured Debt shat cotdlicts with applicable law will ^ot 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 teens, that section will be severed and will not affect the enforceability of the remainder of this Security lustrument. Whenever used, the singular shall include the plural and the plural the singular. The captious and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 'I'hne is of the essence iu this Security Instrument. 24. SUCCESSOR TRUSTEE. Beucficiary, at Beneficiary's option, may front three to time remove Trustee and appoint a successor trustee without any other fornralily than the designation in writing. The successor trustee, without conveyance of the. Property, shill succeed to all the title, power and duties conferred upon Trustee by this 'Security Iustrumeut and applicable law. '. 25. NOTICE. Unless 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 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 trustors. 26. WAIVERS. Bxcept to the extent prohibited by law, 'Trustor waives all appraisement and homestead exemption rights relating-to the Property. 27. OTHER TERMS. if checked, the following arc applicable to this Security ]ustrumenU ^ Line of Credit. The Secured Deb[ includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. ^ Consttvctiou Loan. 'I'bis Security Iustrwnent secures an obligation incurred for the construction of an hnprovement ou the Property. ^ Fixture Filing. Trustor grants w Beneficiary a security interest in all goods that Grantor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Cornnrercial Code. ^ Riders. 1'he covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Ltstrument. [Check all applicable boxes] ^ Condominium Rider ^ Planned Unit Development Rider ^ Other .................................................. ^ Additional Terms. SIGNATURES: By signing below, Trustor agrees to the terms and covenants comained iu this Security Iustrumeut and in any . auacluneuls. Trustor also acknowledges receipt of a copy of this Security [nstrumeut on the date stated ou page I. `rno~'s~.. ...:...:............1 xl!~~~2... ........:................................................................... (Siytault'c) MARCIA K. UDEN (Daft) (Sigtature) (Date) ACKNOWLEDGMENT: S'1'A'1'B Ol' Nebraska ...................................... COUNTY OF ...~el,s'Vl~j.................................} ss. P"~'"'d01tli This instrutneut was acknowledged before me this ........14.th....... day of ................0.ecember.2007................. by MARcIAK..UDEN.A..S~n9le.P.ers.nn .................................................................................................. . My conunissiou expires: ~I - al(~ (Nei ublic) ~LrL-~'a ©1994 Bankers Systems, Inc., St pond, MN Form RE-DT-NE 1/30/2002 (page 4 OI 4/ GENERAL NOTARY-State of Nebraska Pl LYNDSEYCRISS^, ,r2 t~ r~:. r~l ~;~ [} - - My Comm. Exp. Sept 13, 2008 z? I•~ `f E., ~ '~ 5L of y.