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HomeMy WebLinkAbout20075525DGC TAX ',: . FOES PD CK# cHC ~ 5c' accT#_Lz.~' RET REES:_OASH_R.O.D. CK#___, REC'D~ - Ne~mann~l_yn.r1 RETURN ~1IP•~mn nn '~ ~9t;1 ItVan Ytt9~(tnn~ (`~~. 684a1 IW'~U9M~I~111~111~ idUM .~ 4! ~L~/ FiD. COMP u ,~1~ /.x_'38 COMPARE ~ ~ CADAS - AO '~ coRRECTEn FSA 1927-1 NE (01-28-OS) Position 5 UNITED S'I'A'I'ES DEPARTM17EN"f OT AGRICULTURE, Farm Service Agency J'REFACE TO TRUST DEEll ADAMS COUNTY. NE FILED INST. N0.-~,.pJ~.~.5 5 2 5 Date f ~ • ~f -07 Time . % ~- . rYl . . ~, TER Of OEEbS ~A. llISCLAIMER OF 12IGHT TO DESIGNATE HOMESTEAD: Trustor acknowledges that Trustor is about to execute the following Trust Deed upon the real estate. Trustor and each of them if more than one, hereby disclaims Trustor's right to designate a homestead on said real estate. No part of the Trustor's homestead is presently situated upon said real estate. Trustor understands that if Trustor establishes a homestead on any part of said real estate during the time the Trust Deed remains unsatisfied and a lien upon said real estate, there shall be no right to make a designation of homestead in the event of a foreclosure or trustee's sale with respect to said Trust Deed. ~B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAll: Trustor acknowledges that Trustor is about to execute the following Trust Deed upon the real estate. Trustor and each of them if more than one, hereby waives Trustor's right to designate a homestead on said real estate. Trustor understands that Trustor has the right to make a designation of homestead and that by executing this waiver, Trustor is waiving rights otherwise available for the purpose of affording them the opportunity to retain nT~rustor's homestead in the event of a default upon the Trust Deed. ~'/~' ~ 'Trustor Trustor Trustor ason :man Trustor Trustor Trustor REAL ESTATE TRUST DEED FOR NEBRASKA 'THIS TRUS"T DEED ("instrument") is made on December 4 20 07 .The trustor is Mason Anthony Hoffman ("Borrower") whose mailing address is 750 S. Juniata Avenue, Juniata, NE 68955 The trustee is the United States of America, acting through the Farm Service Agency, United States Department of Agriculture ("Trustee"). The beneficiary is the United States of America, acting through the Farm Service Agency, United States Department of Agriculture ("Government") located at 7131 A Street, Lincoln; NE 68510-4202. This instrument secures the following promissory notes, assumption agreements, and/or shared appreciation agreements (collectively called "note") which have been executed or assumed by Borrower unless otherwise noted, are payable to the Government, and authorize acceleration of the entire debt upon any default: Annual Rate Due Date of Final Date of Instrument Principal Amount of Interest Installment 12-04-2007 $160,000.00 5.3757 12-04-2047 ,: ,., (The interest rate for any limited resource farm ownership or limited resource operating loans secured by this instrument may be increased a/JsJprovided in Government regulations and the note.) Initial~~/r date ~ ~~G"~7 ~~i 7 FSA`1927=1,NE:(01-28-OS) Page`/ of7 ~;. ... 2~0 0'7 5 5~2 5 .: , By execution~of this instrument, Borrower'ack'nowledges receipt of all of the proceeds of the loan or loans evidenced by the above note. ~. ;.... , Thi~,~tlstrumentfsecures,to the Government: (1) payment of the note and all extensions, renewals,..and-modfications thereof;n„; (2) rec~ture of;apy amoupt due under any Shared Appreciation Agreement entered into pursuant to 7 4U S.C §R2001, (3) payment of all advances and' expenditures, with in(eresf,`made-by tFie'Govern'ment, and`~'(4)~the obligations`and coLe'nants of Botrower~set forth in thisii's'Ci`u"iRtfn"~"'the'`note~ arid~'any other loan agreements: ;. .. r.:,.,~ ,t:.,.,_~ ^`° " ~"" ^'' ;-, . ., .~. ~ .~... ,w.,.+, - ...... . In cc>ii?,Sld.~:atiQ.D o~,any loan,made-liy the'Government:underthe Consohdated.Eacm,and:Rural Deve(opnlept,Qct;~7,U S C §.;1921 et sec .' as evidenced by the note, Borrower irrevocably grants and conveys.to Trustee, in trust; with power'of sale, the following ' described ro ert situated in the State of Nebraska Count -or..Counttes~of,.,_... p .p Y Y ADAMS `.-: The North Half of the Northwest 'Quarter.(N1/2:NW1/4) of Section Twenty-four (24), Township Six (b) North, Range Eleven (11), West. of the 6th P.M., Adams County, Nebraska ._ together with all rights.(including the rights to mining products, gravel; oil, gas, coal or other minerals), interests,. easements,.fixtures; . hereditaments, appurtenances, and improvements now or later attached thereto, the rents, issues and profits thereof, revenues and income therefrom, all water, water rights, and water stock pertaining thereto, and all payments at any time owing to Borrower by • virtue of any sale, lease, transfer, or condemnation of any part thereof or interest therein (collectively called "the property"). This instrument constitutes a security agreement and financing statement under the Uniform Commercial Code and creates a security interest in all items which may be deemed to be personal property, including but not limited to proceeds and accessions, that are now or hereafter included in, affixed, or attached to' "the property:" Borrower COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the. property and that the property is unencumbered, except for encumbrances of record._„Borrower warrants specifically and will defend the title to the property against all claims and demands, subject to any encumbrances of record. This instrument combines uniform covenants for.national use and non-uniform covents with limited variations by jurisdiction to constitute a uniform trust deed covering real property. UNIFORM COVENANTS. Borrower COVENANTS AND AGREES as follows: I Payment. Borrower shall pay promptly when due any indebtedness to the Government secured by this instrument. 2• Fees. Borrower shall pay to the Goverhttierit such-fees and other charges that may now or later be required by Government regulations. - ~. 3. Application of payments..., Unless applicable law or Government's regulationstproyide otherwise all payments received, by the Government,shall be applied mahe following order of pnonty. ~~ (a) to advances made under.this instrument; (b) to accrued interest due. under the: note;, (c) to principal due under the note; (d) to late charges and other fees and charges. , Initial "`-~+ date' /a-~v-r~ ~4~ 7 FSA~1927-1 NE'(01-28-OS)Pdge`2oJ7 ,).. 200'75-525 4. .Taxes, liens, etc. Borrowecshall.pay when due :all taxes,~liens, judgments,, encumbrances, and assessments lawfully.. , attaching to or assessed against the property and promptly deliver to the Government without demand receipts evidencing such payments: :::,s• _ :.c. , .....:. :: ~. ,. '.. ..; .. .... _. .... .. .. ..... .,.... t `. ~ ; . ~~ 5., . Assrgr~ment• Borrower,grants and assigns as,addrt~onal,securrty,all the~nght, t~fle and~mterest in ~ (a) the proceeds of any ; . ... .~ 1 .A .. .~.. .. ... award or claim for damages, direct or consequential, in connection with any condemnation:or.taking by:emnent domain or;~;:; ,,::; .'_,': otherwise of any part of the property, or for conveyance in lieu of condemnation; (b) all bonuses, rentals, royalties, damages, delay rentals'and income'that.maybe'due or..become.due'and payable to'tfie Borrower.orBorrowet's assigns under any existing or. future oil, gas; mining or mineral lease coJering'any portion.of the'property; and (c) all rents, issues; profits, income and receipts. from the property and from all existing or, future leases, subleases, licenses, guaranties and any other agreements for the use and occupancy of any portion of the property, including any extensions,, renewals, modifications or substitutions of such agreements. Borrower warrants the validity and enforceability of this assignment. Borrower authorizes and directs payment of such money to the Government until the debt secured by this instrument is paid in full. Such money may, at the option of the Government, be applied on the debt whether due or not. The Government shall not be obligated to collect such money, but shall be responsible only,-for amounts received by the Government. lit the event any item so assigned is determined to be personal property, this instrument will also be regarded as a security agreement. Borrower will promptly provide the Government with copies of all existing and future leases. Borrower warrants that as of the date of executing this instrument no default exists under existing leases. Borrower agrees to maintain, and to require the tenants to comply with, the leases and any applicable law. Borrower will obtain the Government's written authorization before Borrower consents to sublet, modify, cancel, or otherwise alter the leases, or to assign, compromise, or encumber the ]eases or any future rents. Borrower will hold the Government harmless and indemnify the Government for any and all liability, loss or damage that the Government may incur as a consequence of this assignment. 6. Insurance. Borrower shall keep the property insured as required by and under insurance policies approved by the Government and, at its request, deliver such policies to the Government. If property is located in a designated flood hazard area, Borrower also shall keep property insured as required by 42 U.S.C § 4001 et sue. and Government regulations. ,All insurance policies and renewals shall include a standard mortgagee clause.. 7• Advances by Government. The Government may at any time pay any other amounts required by this instrument to be paid by Borrower and-riot paid by Borrower when due; as well'a's ahy cost for th'e'preservation,'proteetion; or etiforcemeht of this lien, as advances for the accotirif of Borrower. Advances shall include, but not be limited to, advances for payments of real property taxes, special assessments, prior liens, hazard insurance premiums, and costs bf repair, maintenance, and improvements. All such advances shall bear interest at the same rate as the note which has the highest interest rate.. All such advances, with interest, shall be immediately due and payable by Borrower to the Government without demand: No such advance by the' Government shall relieve Borrower from breach of Borrower's covenant to pay. Any payment made by Borrower may be applied on the note or any secured debt to the Government, in any order the Government determines. 8 Protection of lien. Borrower shall pay or reimburse the Government for expenses reasonably necessary or incidental to the protection ofthe lien and.its priority and the enforcement or complian_e with this.instniment and the note. Such expenses iriclude; but are not limited to: costs of evidence of title to, and survey of, the property; costs of recording this and other instruments; attorneys' fees, trustees' fees; court costs, and expenses of advertising, selling, and conveying the property. 9. Authorized purposes. Borrower shall use the loan evidenced by the note solely for purposes authorized by the Government 10. Repair and operation of property. Borrower shall: (a) maintain improvements in good repair; (b) make repairs required by the Government; (c) comply with all faun conservation practices and farm management plans required by the Government; and (d) operate the property in a good and husbandlike manner. Borrower shall not (e) abandon the property; (f) cause or permit waste, lessening or impairment of the property; or (g) cut, remove, or lease any timber, gravel, oil, gas, coal, or other minerals without the written consent of the Government,,except as,necessary for ordinary domestic purposes. I I Legal compliance. Borrower shall comply with all laws, ordinances, and regulations affecting the property. •~ •• - • fran'sfer or encumbrance of propel ty. Ezcept as provided by Govi;inmenYregulations the'Bortower shall tiof lease; assign,'"sell,-'transfer or'encutnber,'voluntarily orbtherwise, anyof the property withbut the wntten consent'of ~he~Goveiriment Thee. Government may grant consenfs~ partial releases; siibordmations and satisfact~ons'iri accordarice`with Govi;rnm'ent regulations. 13. Inspection. At all reasonable times the Government may inspect the property to ascertain whether the covenants and agreements contained in this instrument are being performed. F 1. t: t`r t} f n F l~. '-: ~A. E:-, ~+ f Ji Initial~'~~' date ~'0~ ~7 PSA 1927-1 NF (01-28-OS) Page 3 of7 4 ~ .. ~ '. :' •f~ 200'75525 14., HazarcJous substances. Borrower, shall. not cause or permit the presence, use, disposal, storage, or release of any'hazardous substances;on'or in;the.property,: The precedingsentence shall,not,apply to the presence,.use, or;storage on,the property of small quantities,of,haZardous substances that are generally recognized to be appropriate to normal,use and, maintenance of the property. . Borrower covenants that Borrower has made full disclosure of any such known, existing hazardous conditions affecting the '+property:`:'Borrower shall iiot do,'nor allow'anyone elseitb:do;,anything;affecting the;property that is:in°violation of any federal, state, o,ralocal;environmental law or;regulation. ;Borrow,ershall=promptly.giveahe,G,ovecnment written notice of.anyinuestigat~on,.; claim, demand; lawsuitor.other action;by, any governmental or regulatory agency o,r pnvate party involving the property and any hazardous substance or environmental law or regulation of which Borrower has actual knowledge. If,Borrower learns, or is notified by any governmental or regulatory authority; that any removal or other remediation of any_ hazardous substance affecting the property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with applicable eneiromnental law and regulations. As used in this paragraph, "hazardous substances" are those substancesdefined as toxic or hazardous substances by environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and. radioactive materials. As used in this paragraph, "environmental law" means Federal laws and regulations and laws and regulations of the jurisdiction where the property is located that relate to health, safety or environmental protection. It ,~ r.+. as ~' , K, i~ t. s Y i i} t? t'A (j.I `{1 A~` I5. Adjustment; release; waiver•forbearance.' In accordahce'with Government regulations, the Government may (a) adjust the interest rate, payment, terms or balance due on the loan, (b) increase the mortgage by an amount equal to deferred interest on the outstanding principal balance, (c) extend or defer the maturity of, and renew and reschedule the payments on the note, (d) release any party who is liable under the note from liability to the Government, (e) release portions of the property and subordinate its lien, and (f) waive any other of its rights under this instrument. Any and all ofthis can and will be done without affecting the lien or the priority of this instrument or Borrower's liability to the Government for payment of the note secured by this instrument unless the Government provides otherwise in writing. HOWBVBR, any forbearance by the Government -whether once or often - in exercising any right or remedy under this instrument, or otherwise afforded by applicable law, shall not.be a waiver of or preclude the exercise of any such right or remedy. 1 ~ Graduatioti: If the Government determines that Borrower may`be•able to obtain a loch from a responsible cooperative or private credit source at7easonable rates and terms for loans for similar purposes and periods of time, Borrower will, upon the`` "" Government's request, apply for and accept such a•loan:in sufficient amountto pay,the notesecured by thisinstrument and to pay ,._ for stock necessary to be purchased in a cooperative lending agency in connection with such loan. 17. Forfeiture. 'Borrower shall be m,default ~f any forfeiture action or proceeding, whether civil or cruninal,. is begun that.in the Government's good faith judgment could result in forfeiture of the property or otherwise materially impair the lien created by this instrument or the Government's security interest. Borrower maycure such.default by causing the action or proceeding to be dismissed with a ruling that precludes forfeiture of the Borrower's interest in the property or other material impairment of the lien created by this security. instrument or the Government's security interest. 18. False statement. Borrower also shall be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to the Government (or failed to provide the Government with any material information) in connection with the. loan evidenced by the note. .. ly., ,r't•oss Collatoraliz rtwr.::;Defaulhunder.thts'.instrumeut shall„constitute defriultunder;any othersecurity.instrumcnt:held :. by the Government and executed or assumed by Borrower. Default under anyother such security instrument shall constitute default under this instrument. 20. Highly erodible land; wetlands. Any loan secured by this instrument will be in default if Borrower uses any loan proceeds for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity as provided in 7 C.F.R. part 1940, subpart G, or any successor Government regulation. 21. Non-tliscrimination. If any part of the loan for which this instrument is given shall be used to finance the purchase, construction or repair of property to be used as an owner-occupied dwelling (herein called "the dwelling") and if Borrower intends to sell or rent the dwelling and has obtained the Government's consent to do so (a) neither Borrower. nor anyone authorized to act for, Borrowerwill, after receipt ofa bona fide. offer;:refuseao negotiate for the sale,or rental.of the,dwelling or, will otherwise make unavailable.or,deny,the dwelling,to anyone,because.of:race; color,.religion,aex; national origin, disability, familial status:or;,age,.: and (b) Borrower recognizes as illegal and hereby disclaims:and:will not cgmply.with or;attemptto'egforce any;restrictive. ,;,. ; covenants on the dwelling relating to race, color, religion, sex, national origin, disability, familial status or age. Initial +~+ date ~~a~~7 4~ 7 PSA 1927-1 NE (01-28-5)'Page 9 of7 ~: ~.. ;~ ~~ ~ ~a ~:~ 2(D~75525 22: Notices. Notices given under this instrument shall be sent by certified mail unless otherwise required by law. Such notices shall be addressed, unless and until some other address is designated ih'a notice,' in the case of the Government to the State Executive Director of the'Farm Service•AgBncy'at the'rrtailing address shown'above, and in the•case,of Borrowe~`afthe'address: • = showdimthe GoveriimenfrFinance Office records(wfiich normal]y wilLbe the.saine asthe mailing'addtess shown above)`> '` ••- ;~ .. .. , . 23,.>:Goverti'ing;law;,severability This,instrument;shalllie:governed:6y:Eederal~law::=Ifanypr,ovistoh:ofthisinstrumenh,onthe ,. note~oi'its applicaftori fo''any person~o~ ciicu'stances`is held`in"vahdi`sucli invalidity sfiall hot'affechotliei~p'rovisioris or applicatiohs of this instrutiient or''ttie note whicfi cari be'gi'ven effect withouf the invalid•p~oVisiori or application: The provisions ofthis instrtiinent are severable. This'instrutiieht shall lie subject to-the present regtilatiohs of the GoVernnient,'and to'its future regulations not inconsistent with the express provisions hereof: All powers and agencies grariYed in this instrument are coupled with an interest and are irrevocable by death or otherwise; and the rights and remedies provided in this instrument are cumulative to remedies provided by law. • 24• Successors and assigns; joint and several covenants. The covenants and agreements of this instrument shall bind and benefit the successors and assigns of Government and Borrower. Borrower's covenants and agreements shall bejoint and several. Any Borrower who co-signs this instrument but does not execute the Note: (a) is co-signing this instrument only to mortgage, grant and convey.th2t Borrower's interest.in the property under this instrument; (b) is not personally obligated to pay the sums secured by this instrument; and (c) agrees that the Government-and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this instrument or the note without that Borrower's consent. 25. Nu merger. If this instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the~property, the leasehold and the fee title shall not merge unless the Government agrees to the merger in writing. If the property is conveyed to the Government, title shall not merge (unless the Government elects otherwise) and the lien provided under this instrument shall not be affected by such conveyance. :.. 2G. Ttme is,of the essence Time is of the essence m the Borrower's performance of all dunes and obhgahons under this .. .. .. ., .,,_ ..: ..." . .:: .. .:,, t :~~ s instrument. „ ,; , , NON-UNIPORNi COVENANTS: Borrowerfurtlier COVENANTS AND'"AGREES as follows.` ' ~ `- ~- - ~ ~~` 27. 1)efault;.death; incompetence; bankruptcy. Should default occur in the performance or discharge of any obligation in [ this instrument or secured by this instrument; or should the~Borrower die or tie declared incompetent; or'should the Borrower be discharged in bankruptcy or declared an insolvent or make an assignment for the benefit of creditors, the Government, at its option, with,or without notice, may: (a) declare the entire amount unpaid under the note.and atiy debt to the'Government hereby secured immediately due and payable, (b) for the account of Borrower incur and pay reasonable expenses for repair or maintenance of, and take possession of, operate or rent the property, (c) upon application by it and production of this instrument, without other evidence and without notice of hearing of said application, have a receiver appointed for the property, with the usual powers of receivers in like cases, (d) authorize and request Trustee to foreclose this instrument and sell the property as prescribed by law, and (e) enforce . any and all other rights and remedies provided herein or by present or future law. -. ~~^' `'- 28. Foreclosure. At the request of the Government, Trustee may foreclose this instrument by advertisement and sale of the propert;~'as provided by-law; for'cas!i'or secured credit at the: option of the Goy ernriErit,ipersonal : duce of ~dhich sale rise"-', riot ba served on Borrower; such sale tray be adjourned from time to time. without other notice than oral proclamation at the time and place appointed for such sale; and at such sale the Government and its agents tnay bid and purchase as a stranger; Tntstee at Trustee's option may conduct.such sale without being personally present through Trustee's delegate authorized by Trustee for such purpose orally or in writing, and t'rustee's execution of a conveyance of the property or any part thereof to any purchaser at foreclosure sale shall be conclusive evidence that the sale was conducted by Trustee personally or through Trustee's delegate duly authorized in accordance herewith. 29. State°Iaw..Borrower agrees that the Government will not be bound by any present or future State laws, (a).providing for-vahiation, appraisal, homestead'.or'exemption Hof the property, (b) prohibiting maintenance~of any action for a deficiency judgment or. lirniting.the amount'thereof or theaime withimwhich such action must be,brought;'.?(c) prescribing anyothec statute of ,,.'~.: limitations;' F(d).allowing.,any.right ofredemption:or=possessiomfollowing-any foreclosure sale; or!.(e),aimiting the:conditions which the.Government may by regulation impose; including•the interest,itmay charge, as.a condition.of approving.a transfer of.the:.:.: ~_ properly'to a neav:Borrower. 'Borrowe'r expressly waives the benefit.of.any-such State' laws ` -=: • ~. -' .,~ . ..,.: •: > ~...: _. " _ ~...... j'r . ~ . .. =, ~, ' ]nitial~ -"r dale l.f~_U ~~~ FSA 1927-1 NE (01-28-OS) Page 5 of 7 !~: 30. Assignment of leases and rents. Borrower agrees that the assignment of leases and rents in this instrument is immediately effective on the recording of this instrument. Upon default, the Borrower will ri;ceive any rents in trust for the Government, and Borrower will not commingle the rents. with any other funds. Any amounts collected shall be applied at the Government's discretion first to costs of managing, protecting and preserving the property, and to any other necessary related expenses. Any remaining amounts shall be applied to reduce the,debt.evidenced.byahe note(s). Borrower agrees that the Government may demand that .- ,... Borrower and Borrower's tenants pay all rents due or to''become due ditecflyto-fhe Government ifthe BoYrower'defaults and the Government notifies Borrower of the default. Upon such notice';`Borrower will~endorse'and di;liyer to.the Governmentany payments of rents. If the Borrower becomes subject to a bankruptcy, then Borrower agrees that the Government is entitled to receive relief from the automatic'stay'in barikrupfcy fo'r the.puipose.ofenforcing this assignment. 31. Application of foreclosure proceeds. The proceeds of foreclosure sale shall be applied in the following order to the payment of: (a) costs and expenses incident to enforcing or complying with this instrument, (b) any prior liens required bylaw or a competent court to be so paid, (c) the debt evidenced by the note and all other deb.tto the Government secured by this instrument, (d) inferior liens of record required by law or a competent court to be so paid, (e) at the Government's option, any other debt of Borrower to the Government, and (f) any balance to Bortower. If the Government is the successful bidder at foreclosure or other sale of a!I or any pare of the propert)~; the (;overnmeat may pav its share of the purchase price by crediting such amount on any debts of Borrower owing to the Government in the order prescribed above. 32. Substitute trustee. The Government and its assigns, without notice and without specifying any reason therefore, may appoint a substitute trustee by filing for record in the office where this instrument; is recorded an instrument,of appointment. The substitute trustee may or may not be an employee of the Goyernment. Upon such filing, all the estates, rights, powers, and trusts granted to Trustee shall transfer to the substitute trustee. Any right to notice of substitution and bond from any trustee are hereby waived. 33. Future Advances. Upon request of Borrower, Government may, at its option, make additional and future advances to the Borrower. Such advances with interest thereon, shall be secured by this Trust Deed. 34. Request for Notice. The parties hereby request that a copy of any notice of default and a copy of any notice of sale be mailed to each party to this Trust Deed at the address set forth in the manner prescribed by applicable law. Except for any other notice required by law to be given in another manner, any notice provided for in this Trust Deed shall be given by mailing such notice by certified mail addressed to the parties, at the address set forth above. SEE ATTACHMENT By signing below, Borrower accepts and agrees to the terms and covenants contained in this instrument and in any rider executed by /B~orJr~ower and recorded with~/this instrument. /r~/Ak. ~• `~d~'/b~.~rv~~ (/3orrower) (13arrower) Mason Anthony H man (Ilor•rower) (liarewer) ACKNOWLEDGMENTS STATE OF NEBRASKA COUNTY OF _~ DA A•CS 1 ss (Individual) On this ~ Od~day of 2pp _ ,before me personally appeared Mdb ou. A . ~~p'~t' N~[Q~.e_ Ly/IL/4 sn+. ~~.a~~o raa to he known to me to be the same whose name is subscribed to the foregoing instrument, attd acknowledged that (he or she) signed and delivered the instrument as (his or her) free and voluntary act, for the uses and purposes set forth. My commission expires: /'//~j ~ ~~ GENERAL NOTARY - State of Nebraska (\ ~tiG, G_ n~ _ 'L/~ 2.0 (O a MICHAEL E. SULLIVAN ,_ c My Gomm. Exp. June 21, 2010 NOTARY PUBLIC ., Note: Page 7 of7 applies to entities only and will not be recorded for individuals. n/ PSA`1927-I NB'(O1-28-OS) Page 6 oJ7 ~VV / r 7f. ~f;1 h P ~~, ' k l`. ,$ 1 1t ,,'; [R Ii i',' ti}~ ~ai.- Pti, S;~ S2. "~ rl 20075525 ' "~ ~ ATTACHMENT TO''EORM~,FSA 1922,1 NE; REAL ESTATE TRUST,DEED FOR„ ' . • ~ A• "NEBRASKA;'FOR MESON ANTHONY HOFFMAN•,...:; , , ,~~.: -. . . .. .:f : .. ., . "It is the intention of the parties' hereto that this Real Estate Trust:Deed for Nebraska be a correction of the Real Estate Trust Deed for Nebraska recorded as Instrument #20075381 of the records of Adams County, Nebraska and that priority of this Real Estate Trust Deed for Nebraska shall relate back to the date of filing of the original Real Estate Trust Deed for Nebraska referred to above. The purpose of this `Corrected Real Estate Trust Deed' is to show the Date of Instrument as 12-04-2007 and the Due Date of Final Installment as 12-04-2047 on the front page of this instrument. The `Corrected Real Estate Trust Deed' is being corrected in the mam~er provided.in this.instrument." .... .. ~" _,.: _ _ :. , ...: ___ ._ . ~ ~~ . .. ~;~: ,.. ..:~r .i.:.. ~ ~~ !d -aa~ a~ Initial Date Initial Date v;,. y,. . ,~ `7~ `~