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Home My WebLink About20081413NUM PGS `~' DOC TA~Xc; 9~ r CK# FEES.~~-~PD~Q_CK# 3a Asa CHG ACCT # RET FEES: CASH R.O.D. CK# RECD ~ eF RETURN `E I~III~IVIIIIIUVIII~InIIII~VI~I~ NUM ~~-`~~.s~rr,s ~~a~ RD. COMP ~5.~~ -S!`D.3 COMPARE / ~ CADAS ~ AO ADAMS COUNTY, NE FILED INST. N0.___l Q.~~ ~ 1 ~ Date U -~- 0~ Time~/n ~~ ~' REGISTER OF DEEDS Lot Eleven (11) of Block Seven (7) in Johnson's Addition to the City of Hastings, Adams County, Nebraska, according to the recorded plat thereof. / p~s k~Vt~~`~~.~ DEED OF TRUST THIS DEED OF TRUST, made on this ~Yday of February, 2008, by and betwe Steven C. Adams and Karen L. Adams, husband and wife, whether one or more, hereinaf called "Trustor," and Stephen A. Scherr of Hastings, Nebraska, whether one or more, hereinaf called "Trustee," and Ina Jean Persinger, a single person, whether one or more, hereinafter call nn___r__t_M. n WHEREAS, the Trustor, in consideration of the indebtedness of Twenty Thousand Ni: idred Thirty-Five and 4/100 Dollars ($20,935,04) and the Trust created herein, gran veys, sells and warrants to Trustee, IN TRUST, with power of sale for the benefit of t ieficiary, the following real estate: Lot Eleven (11) of Block Seven (7) in Johnson's Addition to the City of Hastings, County, Nebraska, according to the recorded plat thereof, called "Trust Property"; and, WHEREAS, the Trustor hereby conveys the said real estate in absolute fee simple ti' icl.uding all the rights of homestead and dower, together with all buildings, fixtur .iprovements and appurtenances thereto, for the purpose of securing the performance of e~ ;regiment and the covenant of Trustor contained herein, including payment under the ternis ie Promissory Note in the principal amount of Twenty-Five Thousand Five Hundred 0/.100 Dollars ($25,500.00) of the same date incorporated herein by reference. NOW, THERF,FORE, the Trustor and the Beneficiary hereby covenant and agree: 1. TRUST DEEDS ACT. That this Deed of Trust shall be governed by the terns Section 76-1001, and following, of the Revised Statutes of the State of Nebraska, also known the Nebraska Trust Deeds Act. 2. PAYMENT. 'T'hat the Trustor shall pay to the Beneficiary the principal and inter due under the terms of the Promissory Note and in accordance with the Payment Schell attached thereto and incorporated therein by reference. That the first payment made hereun shall be due and payable on the 1st day of February, 2007, beginning with payment No. 1 of said Payment Schedule, and continuing on the first day of each month thereafter in accorda with the monthly schedule of payments set out therein. 3. PREPAYMENT. 'That the Trustor shall be entitled to pay the principal utstanding in whole or in part without penalty at any time: during the course of the P chedule which shall be amended accordingly to reflect the reduction of the principal Law Offices WHELAN & SCHERR Hastings, Nebraska pl of J( ~Qt~~~.413 4. TAXES. That the Trustor shall pay all general real estate taxes and specia assessments levied hereafter against the Trust Property prior to delinquent date and that th Trustor shall provide Beneficiary with a copy of receipt thereof within ten (10) days of payment. 5. INSURANCE. That the Trustor shall insure the Trust Property in an amount of r less than Twenty-Five Thousand Five Hundred and No/100 Dollars ($25,500.00) with company qualified in the State of Nebraska by a policy containing a clause for loss payable fi to the Beneficiary and then to the Trustor as their respective interests exist at the time of the lc and Trustor shall provide evidence of payment of the premium of the said policy up reasonable demand therefore by the Beneficiary. 6. WASTE. That the Trustor shall not commit or suffer any waste of the Trust 7. DEFAULT. That, if the Trustor defaults in any of the covenants or agreeme~ contained herein or in performance under the Promissory Note secured hereby and if a period more than ten (10) days elapses from the date of the said default, then the Beneficiary m perform the same and all expenditures made by Beneficiary in so doing shall draw interest at 1 rate provided in the Promissory Note and shall be repayable by Trustor to Beneficiary a~ together with interest and costs accruing thereon, shall be secured by this Deed of Trust. 8. ACCELERATION UPON DEFAULT. That, if the Trustor defaults in the payme of any installment of principal or interest due under the terms of the said Promissory Note or the Trustor defaults in the performance of any other covenant or agreement to be perform under said Promissory Note or this Deed of Trust, then the holder of this Deed of Trust m. declare a default by delivering written notice thereof to the Trustor. That the said notice aJ notice of any sale subsequent thereto shall be sent by registered or certified mail with retu receipt requested and delivery shall be deemed to have been completed upon delivery of sup notice to the principal place of residence of the Trustor. That, if such default is not correct within thirty (30) days after delivery of such written notice, the entire principal sum of sa Promissory Note and accrued interest thereof and this Trust Deed shall at once become due a~ payable at the election of the holder hereof without further notice or demand. That failure exercise this option shall not constitute a waiver of the right to exercise the same in the event any subsequent default. 9. POWER OF SALE. 'T'hat the Trustor hereby confers upon the Trustee power to s the Trust Property which the Trustee may exercise and under which the Trust Property may sold in the manner provided by law after the entire principal sum of said Promissory Note a accrued interest thereof have become due and payable or, at the option of the Beneficiary, t: Deed of Trust may be foreclosed in the manner provided by law for the foreclosure of mortgal on real property. That, if a sale of the Trust Property by the Trustee is exercised under the ter of this agreement, the proceeds shall be applied first to the payment of the costs and expenses exercising the power of sale, including the fee of the Trustee in an amount not to exceed two ~ cent (2%) of the sale price, then to the payment of the obligation secured by the Deed of Tr and the balance, if any, to the person or persons legally entitled thereto. Law Offices WHELAN & SCHERR Hastings, Nebraska 3ofs 10. ACCELERATION IN THE EVENT OF TRANSFER, That, in the event the t to the said real estate is transferred or contracted to be transferred from the Trustor for reason or by any method whatsoever, the entire principal sum and accrued interest shall at o: become due and payable at the election of the Beneficiary. Failure to exercise this option account of transfer of title as set out above in one instance shall not constitute a waiver of right to exercise the same in the event of any subsequent transfer. 11. NOTICE AND DEMAND. Any and all notices and demands required under provisions of this Deed of Trust shall be duly provided in writing by delivery thereof to United States Postal Service, certified and postage prepaid, to each party hereto, as follows: Steven C. Adams and Karen L. Adams 419 North Colorado Hastings, Nebraska 68901 Ina Jean Persinger 200 West Fifth Street Hastings, Nebraska 68901 Stephen A. Scherr Post Office Box 2004 Hastings, Nebraska 68902-2004 12. PARTIES. That this Deed of Trust shall be binding upon the parties hereto and assigns and heirs. Signed on this ~~~ y of February, 2008. ~~ Stey~n C. Adams, Tutor ~ aren L. A ams, Trustor S hen A. Sch rr, Trustee In an Persinger, Beneficia Steven C. Adams, being duly sworn on oath, states that he is the Trustor herein, that r has read the foregoing Deed of Trust and that his execution thereof is his voluntary act and deed ~- Steven C. Adams, Trustor Law Offices WHELAN $ SCHERR Heslings, Nebraska -ofs 2Q(~814i~ S TAT ESUBSCRIBED AND SWORN ~o beforeNzne on this _~~~~~'.day of February, 2008? ~Yd-.nr-bti~alf e-~ Steven C. Adams, Trlastor' , "; ,,~ GENERAL NOTARY -State of Nebraska _-~ ~ __ ~`~~ C ~„ ~~ ~ '~ ! ~C•~.:.....- KAY PAVELKA ___....° 1 /- _-~=,Notary Public °`'~,.. MyCom;,i. Ex . Ort, 31, X009 P Karen L. Adams, being duly sworn on oath, states that she is the 'I'rustor herein, that sh read the foregoing Deed of Trust and that her execution thereof is her voluntary act and deed _ a aren L. Adams, Truster STATE OF NEBRASKA, COUNTY OF ADAMS: 1,~,.. SUBSCRIBED AND SWORN to before me on this ~ -~ `~ri~ay of February, 2008? byon hr-~",-a-I1= of Karen L. Adams, Trus'tor~~ ~ ~~ f ~;~;;. 1 GENERAL NOtTCAAY PAVELtCA braska . ' ~_~~,;~_ ~' O V ~_ L F \r --- My Com:7. Exp. Oct. 31, zoos ~^ .-- ..... ;' •-._.' Notary Public Ina Jean .Persinger, being duly sworn on oath, states that she is the Beneficiary her she has read the foregoing Deed of Trust and that her execution thereof is her voluntary deed. ~~~~ .~ (~na Jean Persinger STATE OF NEBRASKA, COUNTY OF ADAMS: UU SUBSCRIBED AND SWORN to before me on this ~ ~~ , ~`~` day of February, 2008, by o-T, "~",'~ ~~ Ina Jean Persinge~,J Ben'efi iary ,,~ GENERAL NOTARY -State of Nebraska ,.;=' ' ''~ ' ' 'L`` KAY FAVELKA ~ 1.~~ ! -- y'~. ti 4 .i.. ~ (' t_ ; il'l`:... - My C~mi,t. Exp. Ort. 31, Laos ~, _ ~ ~ -_.,,1., Notary Public Stephen A.. Scherr, being duly sworn on oath, states that he is the Trustee herein, that h read the foregoing Deed of Trust and that his execution tl,~eof is his volu~~ act and deed. A. STATE OF NEBRASKA, COUNTY OF ADAMS: ~~~, SUBSCRIBED AND SWORN to before me on this ~_ day of February, 2008, by ~s-n-n-e-b ,-~--Q ~- Stephen A. S c h e r r, T r u s ~,e e -:-~-~ .. r- ;,t ; ~ f GENERAL NOTARY- Spate of Nebraska -~~J"`'~~, ~`'t` ~~ ~" ~'~"" KAY PAVELKA (( rotary Public .. My Comri. Exp. Oct. 31, 2009 •.~'."~"`"~7~~~- Law Otlices WHELAN & SCHERR Hastings, Nebraska .5~of S