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ADAMS COUNTY, N~
FILE
INST, N0.~ ~ ~ `~
Date 3, ~~,17m~"~
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REGISTER OF DEEDS
SPACE ABOVE THIS LINE FOR RECORDER'S
REVOLVING CREDIT DEED OF TRUST
THIS DEED OF TRUST CONTAINS ADUE-ON-SALE PROVISION AND SECURES INDEBTEDNESS UNDER P
CREDIT AGREEMENT WHICH PROVIDES FOR A REVOLVING LINE OF CREDIT AND MAY CONTAIN A VARIABLE
RATE OF INTEREST.
THIS DEED OF TRUST ("Security Instrument") is made on
SANDRA S CUMMINS, A SINGLE PERSON
3/3/2008
("Borrower"). The Trustee University of Nebraska Credit Union
University of Nebraska Federal Credit Union
United States Federal Credit Union Act
Lincoln, Nebraska 68501-2847
The Trustor is
("Trustee"). The Beneficiary is
a corporation organized and existing under the laws of
whose address is 1630 O Street P.O. Box 82847
("Lender").
IN CONSIDERATION of the indebtedness herein recited and the trust herein created;
TO SECURE to Lender:
(1)The repayment of all indebtedness due and to become due under the terms and conditions of the LOANLINER Home Equity
Plan Credit Agreement and Truth-in-Lending Disclosures made by Borrower and dated the same day as this Security
Instrument, and all modifications, amendments, extensions and renewals thereof (herein "Credit Agreement"). Lender has
agreed to make advances to Borrower under the terms of the Credit Agreement, which advances will be of a revolving nature
and may be made, repaid and remade from time to time. Borrower and Lender contemplate a series of advances to be secured
by this Security Instrument. The total outstanding principal balance owing at any one time under the Credit Agreement (not
including finance charges thereon at a rate which may vary from time to time, and any other charges and collection costs which
may be owing from time to time under the Credit Agreement) shall not exceed
FOURTEEN THOUSAND DOLLAR(S) AND NO CENT(S)
($ 14,000.00 ). That sum is referred to herein as the Maximum Principal Balance and referred to in the Credit Agreement
as the Credit Limit. On the Final Payment Date, 17 years from the date of this Security Instrument, the entire indebtedness
under the Credit Agreement, if not paid earlier, is due and payable.
(2)The payment of all other sums advanced in accordance herewith to protect the security of this Security Instrument, with
finance charges thereon at a rate which may vary as described in the Credit Agreement.
(3}The performance of Borrower's covenants and agreements under this Security instrument and under the Credit Agreement.
BORROWER irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property
located in the County of ADAMS ,State of Nebraska:
LOT 64, CAMPBELL'S ADD TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA
which has the address of 907 Briggs
(Street)
Hastings ,Nebraska 68901-3710 (herein "Property Address");
(City) (Zip Code)
c CUNA MUTUAL INSURANCE SOCIETY, 1991, ALL RIGHTS RESERVED /~~ ~ ENE995 (LASER) 6849LL
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~- R~witk+•all•tiie~imprbvements now or hereafter erected on the property, and all ease ts, a nan s
fixtures, all of5which shall be,deemed to be and remain a part of the property covered by this S"ecunfy Ins rj"ument; and all of
forging, together with said property (or the leasehold estate if this Security Instrument is on ~;
as the ''!'roperty" _ _ .. _ .....,
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This Property is part of a condominium project knov/n as Primary Residence
This Property includes Borrower's unit and all"Borrower's rights in the common elements of the condominium project.
This Property is in a Planned Unit Development known as
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 and will defend generally
the title to the Property against all claims and demands, subject to encumbrances of record.
Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Finance Charges and Other Charges. Borrower shall promptly pay when due all amounts borrowed
under the Credit Agreement, all finance charges and applicable other charges., and collection costs as provided in the Credit
Agreement.
2. Funds for Taxes and Insurance. Subject to applicable law, Lender, at Lender's option, may require Borrower to pay to
Lender on the day monthly payments of principal and finance charges are payable under the Credit Agreement, until all sums
secured by this Security Instrument are paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments
(including condominium and planned unit development assessments, if any) which may attain priority over this Security Instrument,
and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance and flood insurance, if
applicable, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable
estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes
such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional Lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or
'',guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said
taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing
said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the FLinds and
applicable law permits Lender to make'such a charge. Borrower and Lender may agree in writing at the time of execution of this
Security Instrument that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law
requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall
give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for
which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security
Instrument.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates
of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments,
insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower
or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay
taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to
make up the deficiency in one or more payments as Lender may require.
Upen payment in full of a!I sums secured by this Security Instrument, Lender shall promptly refund to Borro~ti~er any Funds held
by Lender. If under paragraph 22 hereof the Property is sold or the-Property is otherwise acquired by Lender, Lender shall apply, no
later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of
application as a credit against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Credit
Agreement and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower
under paragraph 2 hereof, second, (in the order Lender chooses) to any finance charges, other charges and collection costs owing,
and third, to the principal balance under the Credit Agreement.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any
mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument, including Borrower's
covenants to make payments when due. Except to the extent that any such charges or impositions are to be paid to Lender under
paragraph 2, Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to
the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any. Within five
days after any demand by Lender, Borrower shall exhibit to Lender receipts showing that all amounts due under this paragraph have
been paid when due:
ENE995(LASER)6849LL
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5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against
loss by fire, hazards included within the term "extended coverage," floods and such other hazards as Lender may require and in such
amounts and for such periods as Lender may require. Unless Lender in writing requires otherwise, the policy shall provide insurance
on a replacement cost basis in an amount not less than that necessary to comply with any coinsurance percentage stipulated in the
hazard insurance policy, and the amount of coverage shall be no less than the Maximum Principal Balance. plus the full amount of
any lien which has priority over this Security Instrument.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such,
approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and
shall include a standard mortgage. clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the
policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has
priority over this Security Instrument.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not
made promptly by Borrower. All insurance proceeds are hereby assigned to Lender and shall be paid to Lender to the extent of all
sums secured by this Security Instrument, subject to the terms of any mortgage, deed of trust or security agreement with a lien which
has priority over this Security Instrument. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be
applied to restore or repair the Property, if it is economically feasible to do so.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed
by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and
apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Security
Instrument.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall
keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply
with the provisions of any lease if this Security Instrument is on a leasehold. If this Security Instrument is on a unit in a condominium
or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or
governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit
development, and the constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Security
Instrument, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at
Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees,
and take such action as is necessary to protect Lender's interest: Any amounts disbursed by Lender pursuant to this paragraph 7,
,with finance charges thereon,. at the rate provided in the Credit Agreement, shall become additional indebtedness of Borrower
secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall. be payable
upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur
any expense or take any action hereunder. Any action taken by Lender under this paragraph shall not cure any breach Borrower may
have committed of any covenant or agreement under this Security Instrument. Borrower agrees that Lender is subrogated to all of the
rights and remedies of any prior lienor, to the extent of any payment by Lender to such lienor.
8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that
Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the
Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condem- nation, are hereby assigned and
shall-be paid to Lender, to the extent of any indebtedness under the Credit Agreement, subject to the terms of any mortgage, deed of
trust or other security agreement with a lien which has priority over this Security Instrument.
10. Borrower Not. Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Security Instrument granted by Lender to any successor in irterest of Borrower shall not
operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be
required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower and Borrower's successors in
interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be
a waiver of or preclude the exercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject
to the provisions of paragraph 21 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who
co-signs this Security Instrument, but does not execute the Credit Agreement, (a) is co-signing this Security Instrument only to grant
and convey that Borrower's interest in the Property to Trustee under the terms of this Security Instrument, (b) is not personally liable
under the Credit -
~~~ ENE995(LASER)6849LL
` , 20081022
Agreement or under this Security Instrument, and (c) agrees that Lender and any other Borrower hereunder may agree to extend
modify, forbear, or make any other accommodations or amendments with regard to the terms of this Security Instrument or the Credi
Agreement; without that Borrower's consent and without releasing that Borrower or modifying this Security Instrument as to tha
Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower
provided for in. this Security Instrument shall be given. by delivering it or by mailing such notice by certified mail addressed tc
Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, anc
(b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may
designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be deemed to have beer
given to Borrower or Lender when given in the manner designated herein.
13. Governing Law; Severability. The state and local laws applicable to this Security Instrument shall be the laws of the
jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Security
Instrument. In the event that any provision or clause of this Security Instrument or the Credit Agreement conflicts with applicable law,
such conflict shall not affect other provisions of this Security Instrument or the Credit Agreement which can be given effect without the
conflicting provision, and to this end the provisions of this Security Instrument and the Credit Agreement are declared to be
severable. As used herein, "costs," "expenses" and "attorneys'~fees" include all sums to-the extent not prohibited by applicable law or
limited herein.
14. Prior Mortgage or Deed of Trust; Modification; Future Advance. Borrower shall not enter into any agreement with the
holder of any mortgage, deed. of trust or .other security agreement which has priority over this Security Instrumenf by which that
security agreement is modified, amended, extended, or renewed, without the prior written consent of the Lender. Borrower shall
neither request nor accept any future advance under a prior mortgage, deed of trust, or other security agreement without the prior
written consent of Lender.
15. Borrowers's Copy. Borrower shall be furnished a copy of the Credit Agreement and of this Security Instrument at the time
of execution or after recordation hereof.
16. Rehabilitation Loan agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation,
improvement, repair, or other loan agreement which Borrower may enter into with Lender. Lender, at Lender's option, may require
Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which
Borrower may have against parties who supply labor, materials or services in connection with improvements made to the property.
17. Waiver of Homestead Exemption. To the extent permitted by law, Borrower hereby waives the benefit of the homestead
exemption as to all sums secured by this Security Instrument.
18. Waiver, of Statutes of Limitation. To the extent permitted by law, Borrower hereby waives statutes of limitation as a
defense to any demand or obligation secured by this Security Instrument.
19. Merger. There shall be no merger of the interest or estate created by this Security Instrument with any other interest or'
estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
20. Notice of Transfer of the Property; Advances after Transfer. Borrower shall give notice to Lender, as provided in
paragraph 12 hereof, prior to any sale or transfer of all or part of the Property or any rights in the Property. Any person to whom all or
part of the Property or any right in the Property is sold or transferred also shall be obligated to give notice to Lender, as provided in
paragraph 12 hereof, promptly after such transfer.
Even if Borrower transfers the Property, Borrower will continue to be obligated under the Credit Agreement and this Security
Instrument unless Lender releases Borrower in writing. As a condition to Lender's consent to any proposed transfer or as a condition
to the release of Borrower, Lender may require that the person to whom the Property is transferred sign an assumption agreement
satisfactory to Lender and Lender may impose an assumption fee. The assumption agreement will not entitle the person signing i# to
receive advances under the Credit Agreement.
21. Transfer of the Property. Subject to applicable law, Lender shall have the right to accelerate, that is, to demand immediate
paynient in full of all sums secured by this Mortgage or Deed of .Trust, if Borrower; without the. written consent of Lender, sells or
transfers all or part of the Property or any rights in the Property.
If Lender exercises the option to accelerate, Lender shall give Borrower notice of acceleration in accordance with paragraph 12
hereof. The notice shall provide a period of not less than 30 days from the date of the notice within which Borrower may pay the sums
declared due. If Borrower fails to pay. those sums prior to the expiration of such period, Lender may, without further notice or demand
on Borrower, invoke any remedies permitted by paragraph 22 hereof.
22. Default; Termination and Acceleration; Remedies. Each of the following events shall constitute an event of
efault ("event of default") under this Security Instrument: (1) Borrower commits fraud or makes a material.
risrepresentation in connection with this Security Instrument or the Credit Agreement; (2} Borrower does not meet the
'payment terms of the Credit Agreement; or (3) Borrower's action or inaction adversely affects the Lender's rights in the
roperty secured by this Security Instrument. If an event of default occurs, then prior to exercising any right or remedy
rovided for in this Security Instrument and prior to .acceleration,. Lender shall give notice as provided ,in paragraph 12
ereof and as required by applicable law. The notice shall specify: (a) the event of default; (b) the action required to cure the
vent of default; (c) a date not less than twenty days (or any longer period required by applicable law) from the date the
otice is given to Borrower by which the event of default must be cured; (d) that failure to cure the event of default on or
efore the date
~~ / ENE995(LASER)6849LL
i ~ ) r y ~ ~ y ,
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speciri'ea to the nonce may result in acceleration of the sums secured by this Security Instrument and sale of the Property
and (e) any other information required by applicable law. The notice shall further inform Borrower of the right to reinstatE
after acceleration, if applicable, and the right to bring a court action to assert the nonexistence of an event of default or an}
other defense of Borrower to acceleration and sale. If the event of default is not cured on or before the date specified in the
notice; Lender; at Lender's option, without further notice or demand, may declare default, may declare all sums secured b}
this Security Instrument to be immediately due and payable, and may invoke the power of sale and any other remedies
permitted by applicable law. Lender shall be entitled to collect all `reasonable costs and expenses incurred in pursuing the
remedies provided in this paragraph 22, including, but not limited to; reasonable attorneys' fees.
If the power of sale is invoked, Trustee shall record a notice of default in each oounty in which the Property or some
part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and tc
the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee
shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand or
Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms
designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone
sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale,
Lender or Lender's designee may purchase the Property at any sale.
Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property
sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee
shall apply the proceeds of the sale in the following ordet~: (a) to all reasonable costs and expenses of the sale, including,
but not limited to, Trustee's fees actually incurred of not more than _ NSA % of the gross sale price, reasonable attorneys'
fees and costs of title evidence; (b) to all sums secured by this Security Instrument; and (c) the excess, if any, to the person
or persons legally entitled thereto.
23. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of
this Security Instrument discontinued at any time prior to the earlier of (i) five days (or such other period as applicable law may
specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument or (ii) entry
of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which would then be
due under this Security Instrument and the Credit Agreement had no acceleration occurred; (b) cures all events of default under this
Security Instrument and the Credit Agreement; (c) pays all reasonable expenses incurred in enforcing this Security Instrument,
including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that
the lien.,of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security
Instrument; shall continue unchanged: Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under paragraph 21.
24. Reconveyance. This Security Instrument secures a revolving line of credit and advances may be made, repaid, and remade
from time to time, under the terms of the Credit Agreement. When, according to the terms of the Credit Agreement, no more
advances will be made, and Borrower has paid all sums secured by this Security Instrument (or earlier if required by applicable law),
Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and the Credit Agreement to
Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto.
Such person or persons shall pay all costs of recordation, if any.
25. Substitute Trustee. Lender may from time to time in Lender's discretion remove Trustee and appoint a successor trustee
to any Trustee appointed hereunder: Without conveyance of the Property, the successor trustee shall succeed to all the title, power
and duties conferred upon the Trustee herein and by applicable law.
26. Request for Notices. Borrower (Trustor) and Lender (Beneficiary) request pursuant to Neb. Rev. Stat. 76-1008 that a copy
of any notice of default and a copy of any notice of sale hereunder be mailed to Lender, at the address shown on the first page of this
Security Instrument, and to Borrower and Trustee at the following addresses.
Sandra S Cummins 907
Hastings, NE 68901-3710
University of Nebraska Federal Credit Union 1630 Q Street P O Box 82847 Lincoln Nebraska 68501 2847
Trustee Address City, State, Zip
~~~ ENE995 (LASER) 6849LL
,.i . ~ ...
BY SIGNING' BELOW, Borrower accepts and agrees to the terms and cove
Instrument a//n//d////i~~//n any rider(s) e/x-~e/cuted by Borrower and recorded with it.
'`I~F~DG iI .l/ !Y / d~,A _M A JiS~ 11
-^~'d ~F (Seal)
Sandra S Cummins
Borrower
(Seal)
Borrower
Y~~~'~~~~'~~
contained in this Security
(Seal)
Borrower
Borrower
(Seal)
STATE OF Nebraska Lancaster County ss
On this ~ j Day of_ ~~pA V(~.~ ~~ , hefore me, the undersigned, a f~!otary Public duly
commissioned and qualified for said county, personally came SANDRA S CUMMINS
to me known to be the identical person(s) whose name(s)
are su scribed to the foregoing instrument and acknowledged the execution thereof to be HER voluntary act
and deed.
WITNESS my hand and notarial seal at in said county, the date aforesaid.
My Commission expires : 9 ~
GENERAL NOTARY - State of Nebraska
REQUEST FOR. RECONVEYANCE JANET I. HACHTfL
' ' - My Comm. Exp. Jan. 9, 2009
TO TRUSTEE:
The undersigned is the holder of the Credit Agreement secured by this Security Instrument. Said Credit
Agreement secured by this Security Instrument has been paid in full. You are hereby directed to cancel said Credit
Agreement and this Security Instrument, which are delivered hereby, and to reconvey, without warranty, all the estate
now held by you under this Security Instrument to the person or persons legally entitled thereto.
Date:
~~ ENE995 (LASER)6649LL