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by: Wells
CADAS ~QO ~
104
ADAMS COUNTY, NE
FILED
INST. N0.~2,~1~ 2 ~ ~
Date,~•~B~oB Time~~
~l~~rru~a> d}'
REGISTER OF DEEDS
NEBRASKA DEED OF TRUST -LINE OF CREDIT
\J ~~ ~)~~~~~r t~`~~~~~ (With Power of Sale)
!~ T-HIS DEED OF TRUST, made this 25 day of FEBRUARY, 2008, between THEODORE R. SMITH, JR. AND
LANA K. SMITH, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose
mailing address is 2220 W 42ND ST, HASTINGS, NE 68901, as Trustors, FIRST AMERICAN TITLE &
INSURANCE CO whose mailing address is 1055 N 115TH ST, STE 300, OMAHA, NE 68154, as Trustee, and Wells
Fargo Financial Bank, whose mailing address is 3201 North 4th Avenue, Sioux Falls, SD 57104, as Beneficiary,
WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale,
the following described property in ADAMS County, Nebraska:
~o't ~- SNrt11-1L4~ear~R
:w~' ' , ~''"-' or,rT•r T SUBDIVISION, ADAMS COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT
THEREOF.
APN:38-485
Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the
rents, issues and profits thereof.
This conveyance is intended for the purpose of securing the payment to Beneficiary of initial and future advances to
Trustors' under a Credit Card Account Agreement ("Agreement") in the amount of $ 20,000.00, plus interest on the
principal outstanding from time to time at the rates from time to time provided for thereunder. Payment may be made in
advance in any amount at any tune. Default in making any payment shall, at the Beneficiary's option and without notice
or demand, render the entire unpaid balance of said loan at once due and payable, less any required rebate of charges.
To protect the security of this Deed of Trust, Trustor covenants and agrees:
1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure
or improvement being built or about to be built thereon; to restore promptly any building, structure or improvement
thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants,
conditions and restrictions affecting the property.
2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear
of all other charges, liens or encumbrances impairing the security of this Deed of Trust.
3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss
by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held
by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the
Beneficiary as its interest nay appear and then to the Trustor. The amount collected under any insurance policy may be
NE-0979NOWlINE-0905 (also used by IA) (ROC)
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20081228
applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the
Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust or cure or waive any
default or notice of default or invalidate any act done pursuant to such notice. In the event of foreclosure, all rights of
the Trustor in insurance policies then in force shall pass to the purchaser at the foreclosure sale.
4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or
any part thereof and any such sale, conveyance or transfer without the Beneficiary's written consent shall constitute a
default under the terms hereof.
5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary
or Trustee.
6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens,, encumbrances or other
charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with
interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this
Deed of Trust as permitted by law.
IT IS MUTUALLY AGREED THAT:
1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount
of the award or such portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to
Beneficiary to be applied to said obligation.
2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require
prompt payment when due of all other sums so secured or to declare default for, failure to so pay.
3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled
thereto, on written request of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written
request for reconveyance made by the Beneficiary or the person entitled thereto.
4. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority,
during the continuance of these Trusts to collect the rents, issues and profits of said property, reserving unto Trustor the
right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any
agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any
such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by
a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take
possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and
profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such
order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such
rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default
hereunder or invalidate any act done pursuant to such notice.
5. Upon default by Trustor in the payment of any indebtedness secured hereby or in the performance of any
agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the
Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance
with the Nebraska Trust Deeds Act, at public auction to the highest bidder. Any person except Trustee may bid at
Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a
reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed
to the persons entitled thereto.
6. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser
the interest in the property which Trustor had or had the power to convey at the time of his execution of this Deed of
Trust, and such as he may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was
conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie
evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for
value.
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7. The power of sale conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed of
Trust to be foreclosed as a mortgage.
8. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a
successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed
of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not
obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in
which Trustor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee.
9. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their
heirs, devisees, legatees, administrators, executors, successors and assigns. The term Beneficiary shall mean the holder
and owner of the note secured hereby, whether or not named as Beneficiary herein.
10. Request for Notice of Default or Notice of Sale. It is requested that a copy of aiiy Notice of Default or Notice of
Sale be mailed to each person who is named in this Trust'Deed at the mailing address of such person as set out above.
NOTICE TO CONSUMER. 1. Do not sign this paper before you read it. 2. You are entitled to a
copy of this paper. 3. You may prepay .the unpaid balance at any time and may be entitled to receive
a refund of unearned charges in accordance with law.
Signed this 25 .day of FEBRUARY, 2008 _
STATE OF il/ ~~/ '~A-5"~~ ~ )~`~" ~!L'~~t.~ %~ ~.~iLrr~ ~/ /~"
~~- ~ COUNTY ) s~~-era- LC ~ n..i ~ ~~n ~C~,K ~ t ~i'~ \
On this 25 day of FEBRUARY, 2008, before me, the undersigned, a Notary Public, duly commissioned and
qualified for and residing in said county, personally came THEODORE R. SMITH JR. AND LANA K. SMITH,
HUSBAND AND WIFE AS JOINT TENANTS AND NOT AS TENANTS IN COMMON to me known to be the
identical person(s) whose name(s) is/are affixed to the foregoing instrurne t as ti"u ors and acknovrledged the same to
be his/her/their voluntary act and deed. ~ ~ ~ GENERAL Npi~'Ry ~q ~t"~" o o~"' ~ N" b'-~~
Hfi /1 ,,..., ..
Witness my .hand and Notarial Seal the day and year last a ove en. ~, .._ """' ~• rrtrftttNS
omm. p, Aug, 20, 2011
My C mission expires the ZU day of
a~
Notary Public
STATE OF
ss.
COUNTY )
Entered in Numerical Index and filed for record in the office of the Register of Deeds of said county, the
day of , at o'clock and minutes M., and duly recorded in Book
of Mortgages page
When recorded mail to:
First American Title Insurance
Lenders Advantage
1100 Superior Avenue, Suite 200
Cleveland, Ohio 44114
ATTN:RELS
NE-0979NOWLINE-0905 (also used by IA) (ROC)
Register of Deeds
~~~~~~~~~~~~~~~~~~~~~~ SMITH
14259725 NE
FIRST AMERICAN LENDERS ~'~GVANTAGE
OPEN END DEED OF TRUST
Deputy
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