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Home My WebLink About20081071S,p,SErIUMPCS ADAMS COUNTY, NE DOCTAX CKl~ ro ~s~ ; , ~ ILED ~ES~Pn~d~cK~ra~2~atz 2ooalo7l INST. N0. ~ .1.~.~} "~ This document was pr CH~3 ACCT# First American RETfEE~._.._cASH R.O.D. ciC,*_ Date 3 /S-o8 Time '~~ 1100 Superior Avenut~y{RECD.~-~ ~ ~~~~~~~!~° ~ Suite 210 ~~^lJQ~,, S- g -ll Cleveland, OH 44114 RETURN",~'"'',~'" r 1 ~ ° ~ 6s P l` l "REGISTER OF DEEDS When Recorded pleas Sn1c~p~i~ ~~ ~D. COMP ~, ~~~ ~l~_ U.S. Recordings, Inc. SS/l'1.~~' 2925 Country Drive COMPARE /~ Suite 201 ST. Paul. MN 55117 C,~DAS - AO ALS: State Space Above This Line For Recording Data ~~ ~~ y ~s~~ ,~.. ~ ~,~ I DEED OF TRUST (With Future Advance Clause) Construction Security Agreement 02/19/2008 1. DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is ................................................. . The parties and their addresses are: TRUSTOR: GERALD SEAMANN AND PEGGY SEAMANN, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON ^ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and acknowledgments. TRUSTEE: U.S. Bank Trust Company, National Association 111 S.W Fifth Avenue, Suite 3500 Portland, OR 97204 BENEFICIARY: U.S. Bank, National Association 4325 17th Avenue S.W. Fargo, ND 58103 2. CONVEYANCE. Far 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 Instrument, Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Beneficiary, with power of sale, the following described property: The real estate deed of trust hereis is described in Exhibit "A" which is attached hereto and hereby incorporated herein by reference. 13971776 (page 7 of 3) NEBRASKA -DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) 1994 Wol[ers Kluwer Flnanclal Services -Bankers Sys[ems"` Form USBREDTSFNE 8/30/2006 /~ y 2UU~1U"~~. .~ J ~p~-L-L; Rt,•~~ ~,y~~ ~~ 9810 N RAILROAD ST The property is located in ......................1................ at ........................................................................... (County) Prosser .......................................... Nebraska 68883............... ............................................................. .......... cIt ( ) (Address) ( y) 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 improvements, 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 LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 40,000;00 .This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Beneficiary's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) 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 include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) Borrower's Name(s)GERALD SEAMANN AND PEGGY SEAMANN Note Date: 02/19/2008 Maturity Date: 02/15/Z015 Principal/Maximum Line Amount: 40,000.00 B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any promissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Trustor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Trustor, or any one or more Trustor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and Beneficiary. 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. In the event that Beneficiary fails to provide any required notice of the right of rescission, Beneficiary waives any subsequent security interest in the Trustor's principal dwelling that is created by this Security Instrument. 13971776 (page 2 of 3) 1994 Wolters Kluwer Financial Services -Bankers Systems' Form USBREDTSFNE 8/30/2006 a~ y 20081U'7~. 5. MASTER FORM. By the delivery and execution of this Security Instrument, Trustor aggrees that all provisions and sections of the master~grAm Deed of Trust (Master Form), inclusive, dated .09/07/2007,4:44,pm,.,,,..,,, and recorded as Recording Number / or Instrument Number 200707742 in Book N/A ,,,,,,,, ,,,,,,,,,,,,, Q5~-7~, at Page(s) N~A............. of the Official Records in the Office of the Register of Deeds ofH~.;°:I'.....L?. ~'!.''~!:~.......'~:. County, Nebraska, are hereby incorporated into, and shall govern, this Security Instrument. This Security Instrument will be offered for record in the same county in which the Master Form was recorded. 6. ^ CONSTRUCTION LOAN. This Security Instrument is a construction security interest which secures an obligation incurred for the construction of an improvement on the Property. SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1 and a copy of the provisions contained in the previously recorded Master Form. _ ~ (Signature) GERALD SEAMANN (Date) (Signatu#e) PEGGY SEAMANN (Date) ACKNOWLEDGMENT: /,,, i n ..... STATE OF ...,...:e~..l"~tSC~L ........................ COUNTY OF ... 1.~C~C~rvrt~ } ss. (Individual) `~ ~ ........:... .............. _ . . This instrument was acknowledgged before me this ...(~ .............. da of ........ ~~~ .... ~.. a ~ ............. . GERALD SEAMANN AN17 PEGGY SEAMANN; HUSBAI~ D WIFE by ............................... ... ~ ................................................. My commission expires: "/~,f :..... .. .~:6 .4~+- ............................. L~r (No ry Public) (GHRISIINA KILE Genairal Notary Slate of Nebraska My CommlaaVon Explrea Feb 8, 201 ~ J'ornrT 7'ea~nFi ~'•^J ~'~ 'rs Tenkn}-s Tn~ C~+nlerro;l ~. ~S 1994 Wolters Kluwer Financial Services -Bankers Sys[ems` Form USBREDTSFNE 8/30/2006 13971776 (page 3 of 3) 3rd ~/ 2008iU'~~. EXHIBIT A THE FOLLOWING DESCRIBED REAL ESTATE IN ADAMS COUNTY,. NEBRASKA COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF RAILROAD AVENUE IN THE VILLAGE OF PROSSER, ADAMS COUNTY, NEBRASKA, WITH THE SOUTH RIGHT-OF-WAY LINE (EXTENDED) OF REAY AVENUE IN SAID VILLAGE; THENCE NORTH 80 FEET; THENCE EAST 200 FEET; THENCE SOUTH 80 FEET AND THENCE WEST 200 FEET TO THE POINT OF BEGINNING, BEING A PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 5, TOWNSHIP 8 NORTH, RANGE 11 WEST OF THE 6TH P.M., ADAMS ,COUNTY, NEBRASKA. ALSO LOTS FOUR ( 4) , FIVE ( 5 ) AND S IX ( 6) , BLOCK ONE (1) , VILLAGE OF PROSSER, ADAM, NEBRASKA Permanent Parcel Number: 58-814.11 (Parcel #1) 58-22.00 (Parcel #2) GERALD SEAMANN AND PEGGY SEAMANN, (HUSBAND AND WIFE) AS JOINT TENANTS AND NOT AS TENANTS IN COMMON 9810 NORTH RAILROAD STREET, PROSSER NE 68883 Loan Reference Number 20080311602442 First American Order No: 13971776 Identifier: FIRST AMERICAN LENDERS ADVANTAGE IIIIIIIIIIIIIIIIIIIIIIIIIII IIII III IIIIIIIII III IIIIIIIIIIIIII IIIIIIIIIIII~IIII IIIIIIIIIIIII IIIIIIIIIIIIIIII IIIIiII IIIIIIIIIIII U44122171-01FH04 DEED OF TRUST US Recordings ~~ 7