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Home My WebLink About20081368N~~~~ES ~ ADAMS COUNTY, NE bOCTAX FD CIC~ 20081368 cFIIED R FLEA ~yS sQ rn J`-So Cxn oao3~7 INST. N0. ~ 1~,~,c~ ~ ~ ~H~ ACCT.'-f Date y - ~ -cam Time /~ ~:o I p1~ RFT F/~ES: CAS$_ RO.D. CKK n tt~C~"'~kUS +~ mQ~',~KPuJIC2 ~~/'n ~1]l~,~A~~wwwwww~~~~~~.~~.~ ~J RtTVRrr ~/ Q kD S ~ n'1 Q ~L~ 1(t LU l C Z ~ ~. }' ~7 11~~~ icho)as ~"~ oSt{ ~2~) I REGISTER dF DEEDS Omajut N~ 0154- U4vq NUM: ~-`~~~~ro~t ts~a~v eo~~9~~ RD COMP: ~,!! 0?,'~8 COMPARE: /q. pfr CADAS: ~--- AO / RESERVED FOR REGISTER OF DEEDS RECORDING SPACE ADAMS COUNTY NE PAGE 1 OF ,3 PAGES ~uo~i~s~ DEED,fOF TRUST THIS DEED OF TRUST is made on _ / "~~ Gt~"l.( ~L Tid 2008 The Trustors aze OSBORNE PLACE LLC a Nebraska Limited Liabilit Com an and THOMAS E. SMITH a a orrowers. The Trustee is JIM L. KUHN Member of the Nebraska State Baz Association The Beneficiary is .BV LAUNDRY EXPRESS LLC a/k/a Lender. Beneficiary's address is 208 SOUTH BURLINGTON AVE STE 116 HASTINGS NE 68901. Borrower irrevocably conveys to Trustee, in Trust, with power of sale, the following: Block 1, Lot 2, Cimarron Meadows Second Addition, as Surveyed, Platted and Recorded in Hastings, Adams County, Nebraska Together with all the rents and profits therefrom and subject to easements and restrictions of record, if any. Borrower owes Lender 25 0 0.00, evidenced by Borrower's note of even date payable according to the terms thereo . ayment on the Note is due in full on May 31, 2008. ;this Note is amortized at 7.0% per annum commencing October 6, 2007. This Security Instrument secures to Lender the Debt evidenced by said note, the payment of all other sums, with interest, advanced under the provisions hereafter to protect the security and the perfonnancy of Borrower's covenants and agreements. Borrower covenants that Borrower is lawfully seised of such real estate and has the legal power and lawful authority to convey the same and warrants and will defend title to the real estate against the lawful claims of aII persons. BORROWER AND LENDER AGREE AS FOLLOWS: 1. Borrower shall pay when due, the principal and interest as provided in said note. 2. All pa ments received by Lender shall.be fast applied to advances which may have been made by Lender and then t i t o n erest due and last to principal due. 3. Borrower shall pa all general real estate taxes and special assessments against the property before. the same become delinquent. 4. If Lender determines that any part of the property is subject to a lien, which is or inay attain priority over this security instrument, Lender may give Borrower a nonce identifying the lien and Borrower shall satisf the lie ithi 10 y n w n days. 5. Buyer shall keep the improvements on said remises insured against loss by fire and hazards included within the-term "extended coverage for their insurable value and policies for the same shall include a standard mortga e clause h i L g s ow ng ender herein.. In event of loss, a n~er may make proof of loss if not promptly made by Borrower. Insurance proceeds shall be pp ' d, to restoratton or repair of the property damaged, unless both parties otherwise a r g ee, except if restoration or repair is not economicallq feasible or Lender's security is not lessened, otherwise said proceeds shall be aid th d p on e ebt herein, whether or not then due. Unless Lender and Borrower otherwise agree in writing, anyy~payments or proceeds from insurance shall not extend or postpone the due date of the monthly payments rovided i id p n sa note, or change the amount of the payments. ~~'~ ' ~ 6. If Borrower fails to perform the covenants and agreements herein contained, Lender may do and pay for whatever is necessary to protect the value of the property and Lender's rights in the properrttyy', including the paying of any sum secured by a hen which has ri i ~ r ~ p p or ty over this security instrument appearing. m Court a in bl ~ , , p y g reasona e attorney fees and entering the property to make repairs. Any amount disbursed by Lender under this paragraph shall become an additional debt of Borrower secured by this security instrument, to beaz interest from the date f di b ~ f., ~ o s ursement and said amount, together with the then unpaid principal amount, shall bear interest at the highest lawful rate until refunded by Borrower. tat ~a ®~ ~ 7. The proceeds of any condemnation awazd aze hereby assigned and shall be paid to Lender and shall be applied to the sums secured by this securit inst t h h ~ ~ ~j y rumen , w et er or not then due, with any excess paid to Borrower ~ ~ ~ ~ am . • 8. An extensions or modifications of the loan anted by Lender to any successor in ~ interest of Borrower shall not operate to eleas th li bili Z ~ ~ ~ y ~ r e e a ty of 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. ~ ~ ~ ~ ,~ 9. Any notice to Borrower pprovided for in this security instrument shall be given by delivering rt or by mailing it by fast class mail unless Nebrask L i ~ a aw requ res use of another method, at the Borrower's last known address. ~ ct c~ ;-,: ~ Law10. This security instrument and the note which it secures shall be governed by Nebraska tp ~ (~ N to r.. 1-~ pm ~ PAGE 1 OF 2 PAGES a ot3 11. Lender shall give notice to Borrower followin Borrower's breach of any covenant or a reement in this security agreement and the note w~ich it secures. The notice shall specify (a~ the default, (b) the action required to cure the default, (c) a date not less than 30 days from tthe date the notice is given to Borrower by which the default must be cured, and (d) that failure to cure the default on or before the date specified in the notice may result in accelleration of the sum secured by this security agreement and resale of the property. The notice shall further inform borrower of the right to reinstate, after acceleration, and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If default is not cured, on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this security agreement without further demand and mayy invoke the power of sale and any other remedies permitted by Nebraska Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph, including but not limited to reasonable attorney fees and costs of title evidence. 12. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any ppart of the property is located and shall mail copies of such notice in the manner prescribed by Nebraska law. Trustee shall give public notice of sale to the persons and in the manner prescribed by Nebraska 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 sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's Deed conveyin the property. The recitals in the Trustee's Deed shall be prima facie evidence of the truth otgthe statements made therein. Trustee shall apply the proceeds of sale in the following order: (a) to all expenses of the sale including, but not limited to, Trustee's fees as permitted by iebraska saw and seasonable atorney Tees; (b) to ail sums secur;.d by this security agreement; and (c) any excess to the person or persons legally entitled to it. 13. Uppon acceleration under Paragraph 12 or abandonment of the property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the pproppert and to collect the rents of the pro erty, including those past due. Any rents collected by Lendyer or the receiver shall be applied fPrst to payment of the costs of management of the property and collection of rents including but not limited to, receiver's fees, premiums on receivers bonds and reasonable attorney fees, and then to the sums secured by this security instrument. 14. Upon pa ment of all sums as herein provided, Lender shall direct Trustee to reconvey the property and shall surrender this security instrument and the note secured. Trustee shall reconvey the property without warranty and without charge to the persons legally entitled to it. 15. Lender, at its option, ma from time to time remove Trustee and appoint a successor Trustee by an instrument recordyed 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 Nebraska law. 16. Borrower requests that copies of all notices provided herein be sent to Borrower's address which is: 4951 South 155 Street Omaha, Nebraska 68137 IN WITNESS WHEREOF the Borrowers have signed this agreement STATE OF NEBRASKA ) COUNTY OF DOUGLAS 11 ~s The foregoing instrument M,~r~~ i/1 ~~ venercaY 1~I;,TCyr1.` State Of Ne~Y:.'~-~'~°~l~rd Commissfort Expires St ; : ~,<,r ~;3, STATE OF NEBRASKA OSBORNE PLACE, LLC, ebraska Li ' ed Liability Company By~Th aging em e THOMAS IT ~,, pledged before me on ~1 ~.i.4,c , ~~ ~) 2008 by OSBORNE PLACE, L a e ras a smite iabiIity company. _. f r J'"_L Y.1 tom. U~'L NOTARY PUBJ; COUNTY OF DOUGLAS ~ ss. ~,~ The fore oingg instrument was acknowledged before me on " ~ 1 ~' ~'. ~ ~~ .2008 by Thomas E. ~mitfi. _,,,,,,. ~,, /~ (~ r .. ls~wecs.R~?,t.~4`wi>ec;51~AU'k'~t. to e'11~'I4ait+ssr?!ara?Nl3ai ,,,f~? ~~ 1 64 /~/'1' .~:;::•~'"' ~a NOTARY LI~"' 'l 6\r9~~'•~,! t'Y PI it Gflnelr+a! Notary ~.. ~ 5tato cif 1~c~braska My Ce~mmi551on i:~cri!r~:;'~epiemkl~:r ~,~,1L' PAGE 2 OF 2 PAGES v.~~'~"w11:~,j.. rKnr 1, "~ ~ s~p'Y~~,' °sTyaKr.v,~pmr~r;Ma, J ? ~OT-/