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HomeMy WebLinkAbout20081150s ,~~ ~o~ ~,..w ~rnV~l'~!~IMd~'~I~I~'~II'IAP~I CHG ACCI'# _ First American RET FEES:_ SH_R.O.D. CK#- 1100 Superior Ave M Suite 210 RECD ' u t'_ Cleveland, OH 44114 RETURN us r ~ NUM o ~~_ When Recorded please ~ ~ .O~ U.S. Recordings, Inc. RD. COMP X 2925 Country Drive COMPARE suite ZO1 ST. Paul. MN 55117 CADAS AO / ADAMS COUNTY, NE FILED INST. I~. U ~~ REGISTER OF DEEDS State of Nebraska Space Above This Line For Recording Data ALS: ~/t~/ r ~/ ~ ~~~~~ DEED OF TRUST (With Future Advance Clause) Construction Security Agreement 1. DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is . ~2~22~2008 The parties and their addresses are: TRUSTOR: ORVILLE J. TAYLOR AND BONNIE K. TAYLOR, 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. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Trustor's performance under this Security 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. NEBRASKA - DEID OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) _ 1994 Wolters Kluwer Financial Services- Bankers Systems* Form USBREDTSFNE 6/30/2006 t4a3oooz (page 1 0! 3J / of ~/ 2oosii~o ADAMS 517 S GARFIELD AVE The property is located in ....................................... at ........................................................................... (County) HASTINGS ..,,......, ,,,,, Nebraska 68901 (Address) """""" tCiry) 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 $ 5:000:00 ,,,,,,,,,,,,,,, ,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)BONNIE TAYLOR AND ORVILLE TAYLOR Note Date: 02/22/2008 Maturity Date: 03/10/2018 PrincipaUMaximum Line Amount: 25,000.00 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. 14030002 (page 2 of 3J 7994 Wolters Kluwer Financial Services -Bankers Systems Forrn USBREDTSFNE 8/30/2006 ~ o~ ~ MASTER FORM. By the delivery and execution of this Security Instrument, Trustor a rees that all provisions and sections of the master`£9rAm Deed of Trust (Master Form) , inclusive, dated .09/05/2007,12; 2~• pm• • • • • • • , • and recorded as N/A rding Number 1. ... or Instrument Number 20073985 in Book .............................. ....................................... ••••••••••••••••••••••••••••••••••••••••••••••.• ............. at Page(s) N~'t~............. of the Official Records in the Office of the Register of Deeds of ADAMS .., 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 Instrtunent on the date stated on page 1 and a copy of the provisions contained in the reviously recorded Master Form. ~~ (Signature) ORVILLE J. TAYLOR (Date) (Signature) BONNIE K. TAYLO (Date) ACKNOWLEDGMENT: /~! STATE OF .....!`~ ........................................ COUNT~}}'' OF .....rlsiLLJ!.!`J.............................} ss. (ladlv,aaal) This instrument was acknowledged before me this .. r{'~:~lrJf'1...... day of .. GP!6.''.2L,`.!4!~.~.,. , ~-~~'' ~ by ORVILLE J. TAYLOR AND BONNIE K. TAYLOR, HUSBAND AND WIFE, AS JOINT TENANTS AND~~19T-t4~- ................................................................................................ ......... .. , My commission expires: •, o~ GENERAL NOTARY - State of Nebraska /~ (Notary Public) III ANGELA M. GILL ,1~pnp~- My Comm. Exp, July 29, 2009 ~~ y ~ ~"~r " l ~ ~ ~ Lei tluF ~~ t ~~~u~ ~= ~ ~pY1.Y6.oi'1 - 1994 Wol[ers Kluwer Financial Services-Bankers Systems Form USBREDTSFNE 8/30/2006 14030002 (page 3 of 3) ~/ "/ 2oosii~o EXHIBIT A SITUATED IN THE COUNTY OF ADAMS AND STATE OF NEBRASKA: LOTS 14 AND 15, JORGENSEN'S ADDITION TO THE CITY OF HASTINGS, ACCORDING TO THE RECORDED PLAT THEREOF. Permanent Parcel Number: 284-3148 ORVILLE J. TAYLOR AND BONNIE K. TAYLOR, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON 517 SOUTH GARFIELD AVENUE, HASTINGS NE 68901 Loan Reference Number 20080391105460 First American Order No: 14030002 Identifier: FIRST AMERICAN LENDERS ADVANTAGE IIIIII II VIII VIII I II VIII VIII VIII III IIII , II I II I I I I I I II I I I~ I II III I I I ~'I III I I I III IIII II II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIII.01F804 U44192709s~ DEED OF US R~cordlnpe ~ D/ ~