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Home My WebLink About20081296S.A.S E. ~ ' NUM PAGES DOCTA X PDCK~ ~~~j, ql},j ~ J/ ~J ~ Q ~ PEES o~ (p ,, ,~ ~~ ~ y . PD O~O_ ~!V _ C.Km/OL~7 CfIG ACCT.') RFT FEES: ~ ~ CASli~ RO.D. CE: Y.- REC']1 ~I - (r ' SAc `S r cS~Q tl ~~ Ate. N ~~l 17 NUM: ~S ~~~A~ RD COMP: x ~~, ~: 3~ COMPARE:__/c~ CADAS: AO ADAMS COUNTY, NE FL D INST. NO.~ ~ 9 Date - - 0 ~ Time = SS P~ ~~ ~' REGISTER OF DEEDS RESERVED FOR REGISTER OF DEEDS RECORDING SPACE ADAMS COUNTY NE ,, PAGE 1 OF __ ~ PAGES This document was prepared by: 2 V V ~ j, ~ 9 6 First American 1100 Superior Avenue Suite 210 Cleveland, OH 44114 When Recorded please return to: U.S. Recordings, Inc. 2925 Country Drive Suite 201 ST. Paul, MN 5511 7 ( L` L( ~~~~ 1 ate of Nebraska Space Above This Line For Recording Data ALS : DEED OF TRUST (With Future Advance Clause) Construction Security Agreement 1. DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is 02/28/2008..,....... , The parties and their addresses are: TRUSTOR: STEPHEN J. KULHANEK AND DOROTHY J. KULHANEK ^ 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 herein is described in Exhibit "A" which is attached hereto and hereby incorporated herein by reference. ~. NEBRASKA -HOME EQUITY LINE OF CREDIT DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) _ 1994 Wol[ers Kluwer Financial Services -Bankers Systems` Form USBOCPSFDTNE 8/30/2006 14129033 (page ! of 3J OV 0~ 2(~081;~96 ADAMS 2716 W 5TH ST The property is located in ........................................... at........................................................................ (County) HASTINGS 68901 ............................................................. ................................................... Nebraska ....................... (Address) (City) (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 $ 50 :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. (You must speciSca//y identify the debt(s) secured and you shou/d include the final maturity date ofsuch debt(s).) Borrower's Name(s):DOROTHY KULHANEK AND STEPHEN KULHANEK Note Date: 02/28/2008 Maturity Date: 02/26/2033 Principal/Maximum Line Amount: 50,000.00 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 other 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. 5. MASTER FORM. By the delivery and execution of this Security Instrument, Trustor agrees that all provisions and sections of the master form Deed of Trust (Master Form), inclusive, dated 09/05/2007 12:26 pm ,,., and recorded as Recording Number NAP! ................................ or Instrument Number 0073986 ...... in Book N/A at Page(s) nllA............ 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. ,. 14129033 (page 2 0/ 3) _ 1994 Wolters Kluwer Financial Services -Bankers Systems* Form USBOCPSFDTNE 8/30/2006 ~~+ 2UQQ12U6 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 ~ovisions contained in the previously recorded Master Form. r. ~. :~3;~.~L'~~J~. ~,~, ~D e ~ .. .. ... ..::~?..... ca~--~ ~ v tai (Signatur~TEP ,f. KU HANEK (Date) (Si nature)DO T ~VV~~~//// g J. KULHANEK (Date) ACKNOWLEDGMENT: , I~bras~~' STATE OF ...../.. .......................................... COUNTY OF ......IaO~Q !'Yls } ss (Individual) """""""""""' This instrument was acknowledgged before me this ....2~.......... day of ...,GbruQY~c~ .~UV,~ .............. by DOROTHY, KULHANEK.AND STEPHEN KULHANEK ,,....~ku-~1xu1~;l A~nc4...t_.d.~ ~ ~1 ................. ~............... ............. ~.•......................................V,............................................................................. My commission expires: 22 201j[~ a~~ ...........~ ~-~Yl.. C . ~~(Notary Public ~' ItAARG~t~T• M. ZECKSER Ganarct Notary ot`Nebraska My Cortxtlilelo~ Expires Auq 22, 2009 t _ 1994 Wolters Kluwer Financial Services -Bankers Systems} form USBOCPSFDTNE 8/30/2006 14129033 (page 3 0( 3) ~,L of•~" EXHIBIT A SITUATED IN THE COUNTY OF ADAMS AND STATE OF NEBRASKA: LOT 14 AND THE WEST 21 FEET OF LOT 15, RAY NEFF'S SUBDIVISION OF LOT 1 BLOCK 24, D.W. PALMER'S PROSPECT PARK ADDITION TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA. Permanent Parcel Number: 284-7656 STEPHEN J. KULHANEK AND DOROTHY J. KULHANEK, HUSBAND AND WIFE, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP, AND NOT AS TENANTS IN COMMON 2716 WEST 5TH STREET, HASTINGS NE 68901 Loan Reference Number 20080521937520 First American Order No: 14129033 Identifier: FIRST AMERICAN LENDERS ADVANTAGE III II II I II I Illill I II III I I II III II II II II IIII I II I II II I II U44324919-~91FB84 DEED OF TRUST US Recordings ~D ~ ~