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HomeMy WebLinkAbout20081295S.A.S E. NUi~1PAGES~ ' DOC TAX PD CK~ /0401 ~~0 ~~'w~-~--1~v _ PD ~~ D,~ chi 0 07~ ~' 20081295 (/j CAG ACCT RF;~ ES: CAS$_ RO.D. CKK RFCw~ _ (1 5 e,C.o rC~ , nas L rtC. RETURN C Re, c o s r~ --~-~---- ~`>~~.5 Cou nfru Dr' ~~nt t~~c ertinl ~~i~-496q NUM: ~r a~ COMPARE: ti/'c~,~ CADAS: -~ ~ AO~' ADAMS COUNTY, NE FILED INST. N0. ~ ~J Date - -0~ Time ~~~ ~ ~~'t ~~: ~' REGISTER OF DEEDS RESERVED FOR REGISTER OF DEEDS RECORDING SPACE ADAMS COUNTY NE ,. PAGE 1 OF .~ PAGES ~oo~i~~~ Record'+ng- Requested~By: WEL-LS-FARGOnBANK, NATIONAL-ASSOGIATJON 747.,N.orth .Burlington Hastings N~ '68901 And After Recording, Return To: W~,1.~E~GO BANK, N AT I O N ALAS S O CJ A:C I.~?N 730 2"d Avenue_South,,.Suit ,x.,000 Minceapolis,•MN-•~55~79 Attn: Collateral-Processing i ~'. ' +i ~ ,.~.~ ~ + ! MODIFICATION OF DEED OF TRUST This Modification of Deed of Trust (this "Modification") is entered into as of March 11, 2008, by and between Leo Soukup, Jr. and Elouise M. Soukup, husband and wife, ("Trustor"), and WELLS FARGO BANK, NATIONAL ASSOCIATION formerly known as Norwest Bank Nebraska, N.A. ("Beneficiary"). RECITALS parties: This Modification is entered into upon the basis of the. following facts and understandings of the A. This Modification pertains to that certain Deed of Trust dated as of October 11, 1988, executed by Trustor to Wells Fargo Bank, as Trustee, in favor of Beneficiary, and recorded on October 18, 1988, as Instrument (Serial) No. 883236, of the Official Records of Adams County, Nebraska, as modified from time to time ("Deed of Trust"), with respect to the real property described on Exhibit A attached hereto and incorporated herein by this reference. B. The obligations secured by the Deed of Trust have been modified, or certain additional obligations have been or are to be incurred which are to be secured by the Deed of Trust, or other modifications to the Deed of Trust have become necessary, and Trustor and Beneficiary have agreed to modify the Deed of Trust to accurately reflect the obligations as secured thereby or such other modifications. NOW, THEREFORE, the parties hereto agree as follows: C. The Deed of Trust is hereby modified to include within the indebtedness and obligations secured by the Deed of Trust, the payment to Beneficiary of all indebtedness and performance of all obligations evidenced by and arising under that promissory note, loan or credit agreement, confirmation letter and disclosure, or other evidence of debt, dated as of March 11, 2008, evidencing indebtedness of Leo Soukup, Jr. and Elouise M. Soukup to Beneficiary in the principal amount of $29,338.20 (which represents the refinancing of that certain promissory note, loan or credit agreement, confirmation letter and disclosure, or other evidence of debt dated as of February 26, 2003, and secured by the Deed of Trust), together with interest thereon, and any such indebtedness or other obligations incurred under or in connection with the credit accommodation evidenced, even if not specifically referenced therein. ~,p.. ,~,~.. o,~, i~A~e~~~~~~uu~u~g~~wp ~it,~[l~1Fifl~ D The real property and the whole thereof described in the Deed of Trust shall remain subject to the lien, charge or encumbrance of the Deed of Trust and nothing herein contained or done pursuant hereto shall affect or be construed to affect the liens, charges or encumbrances of the Deed of Trust, or the priority thereof over other liens, charges or encumbrances, or to release or affect the liability of any party or parties who may now or hereafter be liable under or on account of said promissory notes, loan or credit agreements, confirmation letters and disclosures, or other evidences of debt and/or the Deed of Trust. E All terms and conditions of the Deed of Trust not expressly modified herein remain in full force and effect, without waiver or amendment. This Modification and the-Deed of Trust shall be read together, as one document. IN WITNESS WHEREOF, the parties hereto have caused this Modification to be executed as of the day and year first above written. BENEFICIARY: TRUSTOR: ELLS FARGO BANK, ATIONAL SSQCIA ION /~ y: Debra S~_ tug renberg Leo Soukup, Jr. Title: Business Banker ~ ~ ~~ ~ Elouise M. Soukup Athena Job #:16484343 SourcelD#:1971648172 iTrac# 629851 Processor initials RM LENDER ACKNOWLEDGMENT STATE OF ~I {?IJrC~`-~--~~( ) )SS COUNTY OF ~~`~-~/V~~-- ) On this ~ ~~ day of ~ ~1~~' f'~ , 20 ~c~ ,before me, the undersigned Notary Public, perso Ily ap eared rLt }ftls~~t'~-c~ _ and known to me to be the ~ ~ ll)rJ;~i~-~ Iw~~, ~U~~~>; authorized agent for the Len that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of the said Lender, duly authorized by the Lender through its board of directors or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this said instrument and that the seal affixed is the corporate seal of said Lender. BY~~12-C~,~Oc_~`(l~ - SJ\ ~ Residing at ~~~ `~1, ~Li,~I''iv1 '~csY ~ Notary Public in and for the State of 1 V CAS GENERAL NOTARY-5tafe of Nebraska G520_NE 12-06 (Rev. 08/05) -2- (~LIZABE'.T ~.- Q~~ My Comm. Ex . y 3~5 ~UU~~.N~S My commission expires 2 ~- INDIVIDUAL ACKNOWLEDGMENT State of NebraskGGa' County of 7~~K t l1'\J d The foreggoing instrument was acknowledged before a this ~~ day of -~.~e-C!h , 20~j, by Leo Soukup, Jr. ~ , ~, %~ Signature of~Per n Taking / \ GENERALNOTUtr-stat.ofNatxatka Ackn ~n/ledgment f'~ U DEBRA STUEHRENBERG ~~~i1~; ~ ~ ~~ 't~(~ r~ ~ tMlr~Comm. Exp. Nov. 15, 201o Title or Rank Serial Number, if any INDIVIDUAL ACKNOWLEDGMENT State of Nebraska County of /~%~f IN\ The foregoing instrument was acknowledged before me,this I~Cy day of )~}~~'~~' ~`~ , 20~, by Elouise M. Soukup. ~~ ~~ GENERAL NOTARY- State of Nebraaha DEBRA STUEHRENBERG Nly Comm. Exp. Nov. 15, 2010 C-520_NE 12-06 (Rev. 08/05) -3- Signature of P~rs~aking ~ Acknowledgment Title or Rank Serial Number, if any ~} ~ S ~VV~~~i~~ EXHIBIT A TO MODIFICATION OF DEED OF TRUST Legal Description of Property: Lot Fifteen (15), Block Twenty (20), Original Town of Hastings, Adams County, Nebraska. Lot Sixteen (16), Block Twenty (20), Original Town of Hastings, Adams County, Nebraska. I,~1111111111111111111111111111111111111111111111111111' ~ U44361877_e IIIIIIIIIIIIIIIIIIIIIIIIII6111111 DO7 MOUIFICATIUN1HWe4 US Recor dings _ 5~5