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After Recording Return To:
FLAGSTAR BANK
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COMPARE .~~------
CADAS ~ AO ~-
ADAMS COUNTY, NE
FILED
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Date -1- 08 Time1 / -~~~ A~'1
~~~~'
REGISTER OF DEEDS
5151 CORPORATE DRIVE
TROY, MI 48098
FINAL DOCUMENTS, MAIL STOP W-530-3
V2 WBCD LOAN # 501881159
State of Nebraska
Above T}us Lme For Recordutg
DEED OF TRUST
FHA Case No.
321-2515591-703
MIN 100186530801160045
THIS DEED OF TRUST ("Security Instrument") is made on MARCH 31, 2008. The Trustor is
Matthew J. Vanderhoof and Tammy L. Vanderhoof, husband and wife, as joint tenants and
not as tenants in common
The trustee is ~x~xz~xyx.~X~~ CHICAGO TITLE INSURANCE COMPANY
(` `Borrower").
(` `Trustee").
"VIERS" is Mortgage Electroluc Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for
Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and
existing under the laws of Delaware, and has an address and telephone number of PO Box 2026, Flint, MI 48501-2026, tel. (888)
679-MERS.
FREEDOM LENDING LLC, A NEBRASKA LIMITED PARTNERSHIP
("Lender") is organzed and
existing under the laws of NEBRASKA,
and has an address of 4610 S 143RD ST, OMAHA, NE 68137 .
Borrower owes Lender the principal sum of * * * * *NINETY FIVE THOUSAND NINE HUNDRED NINETY THREE AND
NO/100*************************************************** DO11arS(U.S. $95,993.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument (` `Note"), which provides for monthly
payments, with the full debt, if not paid earlier, due and payable on APRIL 1, 2038. The beneficiary of
this Security Instrwment is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns
of MERS. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all
renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7
to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to the Trustee, intrust, with power of sale, the
following described property located in ADAMS County, Nebraska:
Lot Two (2), Block Two (2), Eastridge Addition to the City of Hastings, Adams County,
Nebraska, according to the recorded plat thereof.
APN #: 284-4234
FHA Nelu•asks~ lleed of Trust - d/9G
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which has the address of 1302 E 5TH ST, HASTINGS
Nebraska 68901-5521 ("Property Address");
(Zip Code]
V2 WBCD LOAN # 501881159
[Street, City],
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures
now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the ` `Property. "Borrower understands and agrees that MERS holds only legal
title to the interests grantedby Borrower in this Security Instrument, but, ifnecessary to comply with law or custom, MFRS (as nominee
for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to,
the right to foreclose and sell the Property; and to take any action required of Lender including, but not linuted to, releasing and
canceling this Security Instrument.
BORRO WER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey
the Property and t11at 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 any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt
evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together
with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to
be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under
paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban
Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security
Instrument, each monthly payment shall also include either: (i) a sum for the almual mortgage insurance premium tobe paidby Lender
to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
in a reasonable alnount to be deternuned by the Secretary. Except for the monthly charge by the Secretary, these items are called
"Escrow Items" and the sums paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount
that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974,12 U. S. C. Section 2601
et seq. and implementing regulations, 24 CFR Part 3 500, as they maybe amended from time to time (` `RESPA"), except that the
.cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are
available in the account may not be based on amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts pernutted to be held by RE5PA, Lender shall account to
Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time is not sufficient to pay the
Escrow Items when due, Lender may notify the Borrower and require Borrowerto make up the shortage as pernutted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to
Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items
(a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and
Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition
by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead
of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground .eats, and fire, hood and other hazard insurance
premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth,'to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in
existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires
insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure
all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by
the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be
lleld by Lender and s11a11 include loss payable clauses in favor of and in a form acceptable to, Lender.
hi the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly
by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender,
instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either
(a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the
order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application
of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph
2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness
under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness,
all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this
Security lnstrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause
undue hardship for Borrower, or unless extenuating circumstances exist which arf, beyond Borrower's control. Borrower shall notify
Lender of any extenuating circumstances. Borrower shall not conunit waste or destroy, damage or substantially change the Property
or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Properly if the Property is vac nt or
abandoned or the loan is in default. Lender may take reasonable action to protect: and preserve such vacant or abandoned ope
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Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information
or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note,
including, Uut not limited to, representations concerning Borrower's occupancyoftheProperty as aprincipal residence. Ifthis Security
Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property,
the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
G. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall
be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and tlus Security hnstrument.
Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent announts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds
to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change
the amount of such payments. Any excess proceeds over an alnotuit required to pay all outstanding indebtedness under the Note and
this Security Instrument shall be paid to the entity legally entitled thereto,
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or
municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly
to the entity which is owed the payment. Iffailure to pay would adversely affectLender's.interest in the Property, uponLender's request
Borrower shall promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and
agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Properly (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay
whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard
insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional deUt of Borrower and be secured by this
Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender,
shall be inunediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing
to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends
against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;
or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender
may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or t~1ce one or more of the actions set forth above within
10 days of the giving of notice.
S. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require
ilntnediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any montlily payment required by this Security Instrument prior to or
on the due date o.f the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security
Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garnt-
St. Germain Depository Institutions Act of 1982, 12 U. S. C. 1701 j-3 (d)) and with the prior approval of the Secretary, require
immediate payment in full of all sums secured by this Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise
transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee
does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the
Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require inunediate payment in full, but Lender does
not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights,
in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument
does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible
fbr insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require
immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of
the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note,
shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by
Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premiunn to the
Secretary.
10. Reinstatement. Borrower has a rightto be reinstated ifLender has required inunediatepayment infull becauseofBorrower's
failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are
instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account
current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and
customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this
Security Instnunent and the obligations that it secures shall remain in effect as if Lender had not required immmediate payment in full.
However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of
foreclosure proceedings within two years immediately preceding the contniencement of a current foreclosure proceeding, (ii)
reinstatement will preclude foreclosure on different grounds in the future, or (iii reinstatement will adversely affect the priority of
the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of
amortization of the sums secured by this Security Instrument granted Uy Lender,to any successor in interest of Borrower shall not
operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to continence
proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured
by this Security Instnunent by reason of any demand made by the original Borrower or Borrower's successors in interest. Any
forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b).
Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security hnstrument bu doe o
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execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property
under the terms of this Security Instrument; (b) is not personally obligated to pay,the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations wittl regard to
the terms of this Security Instnument or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security histntment shall be given by delivering it or by mailing it by
first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other
address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated
herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed
to have been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. Tlus Security Instrument shall be governed by Federal law and the law of the jurisdiction
in which the Property is located. In the event that any provision or clause of this- Security Instnument or the Note conflicts with
applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without
the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
16. Hazardous Substances .Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation
of any Environmental Law. The preceding two sentences 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 residential uses and to maintenance
of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of
which Borrower has actual knowledge. if Borrower learns, or is notifiedby any governmental or regulatory authority, that any removal
or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined 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
16, ` `Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property.
Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to
pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or
agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit
of Lender and Borrower. This assignment of rents constitutes an absolute assigmnent and not an assignment for additional security
only. i
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit
of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all
of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on
Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender
from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to
Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall
not cure or waive any default or invalidate any other right or remedy ofLender. This assigmnent of rents of the Property shall terminate
when the debt secured by the Security Instrument is paid in full.
18. Foreclosw•e Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the
power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred
in pursuing the remedies under this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title
evidence.
if the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property
is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons
prescribed by applicable law. After the time 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 on 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 any order Trustee determines. 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 its designee may purchase the Property at any sate.
If the Lender's interest in this Security Llstrument is held by the Secretary and the Secretary requires immediate payment
in full under Paragraph 9, the Secretary may invoice the nonjudicial power of sale provided in the Single Family Mortgage
Foreclosw•e Act of ].994 ("Act") (12 U.S.C. 3751 et seq .) by requesting a foreclosure commissioner designated under the Act
to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the
Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law.
Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property.
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 order: (a) to all costs and expenses of exercising the power of sale, and the sale, including
the payment of the Trustee's fees actually incurred, not to exceed of the principal amount of the note at the
time of the declaration of default, and reasonable attorneys' fees as permitted bylaw; (b) to all sums secured by this Security
Instrument; and (c) any excess to the person or persons legally entitled to it.
19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey
the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee.
Trustee shall reconvey the Property without warranty and without charge to the parson or persons legally entitled to it. Such person
or persons shall pay any recordation costs.
20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any
Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without
conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and
by applicable law.
21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address w ich
is the Property Address.
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22. Riders to this Security Instrument. If one or snore riders are executed by Borrower and recorded together with this Security
Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements
of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
D Condominium Rider D Growing Equity Rider D Planned Unit Development Rider
D Graduated Payment Rider D Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s)
executed by Borrower and recorded with it.
Witnesses:
(Seal)
State o f i~B~$IfA ~D~ OrO~+"
County of i4BAfiI8 ~pU.o,`Ols
The foregoing instrument w~~a/ acknowle
by ~r~=' ~~~/l~Cli/ T l~dY,
ore me this ~'311a~~~
(Seal)
(date)
(name of person acknowledged). /
!~-•~---
~~~~~~~~;'` (Sig aature of Person a ing Acknowledgement)
``~~~ ~1p~r) Wit:,",~~r.
~I•~' (Title or Rank)
- -0oo- (Serial Number, if any)
'~.'° U 6 ~' 1 ~'> ,lyGpi rt S 1 f ~~ 1 X009
9
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