HomeMy WebLinkAbout20081556NUM Pr,S
UOC TAX CK#
FtES,30 •~ PDs~_~ CK#oZ~5~Du4~i CQ
CHG ACCT #
RET FEES: CASH R.O.D. CK#
RECD ~- R r~ I~mer-tnn ~-1-'1~1~.
RETURN~I~.S+ ~yneruAn 11~~~
11D_6_~~a~~er'1 a r A-v ~ 5u - ~-e. abb
C~,-ev e~o..nd. Ott' `-L ~ L 1 ~
_D
-~_ ~ T
Wells Fargo Bank, N.A.
Attn: Document Mgt.
P.O. Box 31557
MAC B6955-013
Billings, ~'IT 59101-9900
~~~~~~~~~~~u~~i~~~~~~~~~~
NUM ~8 _ '1- io
RD. COMP' ~_5~
COMPARE /
CADAS ~ AO `~
This instrument was prepared by:
Wells Fargo Bank, N.A.
AMY BUTLER, DOCUMENT PREPARATION
1 HOME CAMPUS X2303-01 W
DES MOINES, IOWA 50328
800-580-2195
ADAMS COUNTY, NE
INST. N0. FIL~ i J J
Date y - ~~~~ Time :,oc~ "~
~~~~'~'
REGISTER OF DEEDS
[Space Above This Line For Recording Data]
Reference number: 20080647300012 .Account number: 650-650-8167447-1XXX
SHORT FORM OPEN-END DEED OF TRUST
DEFINITIONS
Words used in multiple sections of this document are defined below. The Master Form Deed of Trust includes other
defined words andYules regarding the usage of words used in this document.
(A) "Security Instrument" means this document, which is dated MARCH 13, 2008, together with all Riders to
this document.
(B) "Borrower" is GARY D MINNICK, TRUSTEE OF THE GARY D MINNICK REVOCABLE TRUST
& DONNA LEE MINNICK TRUSTEE OF THE DONNA LEE MINNICK REVOCABLE TRUST. Borrower
is the trustor under this Security Instrument.
(C) "Lender" is Wells Fargo Bank, N.A. Lender is a National Bank organized and existing under the laws of
the United States of America. Lender's address is 101 North Phillips Avenue, Sioux Falls, SD 57104. Lender is
the beneficiary under this Security Instrument.
(D) "Trustee" is Wells Fargo Financial National Bank, c/o Specialized Services, PO Box 31557 Billings. MT
59107.
(E) "Debt Instrument" means the loan agreement or other credit instrument signed by Borrower and dated
NEBRASKA -SHORT FORM OPEN-END SECURITY INSTRUMENT
HCWF# 4814-9165-7985v2 (02/16/08)
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIINIIUIIII
(page 1 of 4 pages)
Documents Processed.03-12-2008, 14:20:45
~(J~ ~-Il
~c~oi5~b
MARCH 13, 2008. The Debt Instrument states that Borrower owes Lender, or may owe Lender, an amount that
may vary from time to time up to a maximum principal sum outstanding at any one time of, FIFTY THOUSAND
AND 00/100THS Dollars (U.S. $50,000.00) plus interest. Borrower has promised to pay this debt in Periodic
Payments and to pay the debt in full not later than seven (7) calendar days after April 13, 2048.
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means all amounts owed now or hereafter under the Debt Instrument, including without limitation
principal, interest, any prepayment charges, late charges and other fees and charges due under the Debt Instrument,
and also all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders
are to be executed by Borrower [check box as applicable]:
N/ Leasehold Rider
0 Third Party Rider
N/A Other(s) [specify] N/A
(I) "Master Form Deed of Trust" means the Master Form Deed of Trust dated August 14, 2007, and recorded
on September 20, 2007, as Instrument No. 20074225 in Book n/a at Page n/a in the Office of the Register of Deeds
of Adams County, State of Nebraska.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all future advances, renewals,
extensions and modifications of the Debt Instrument, including any future advances made at a time when no
indebtedness is currently secured by this Security Instrument; and (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Debt Instrument. For this purpose, Borrower irrevocably grants
and conveys to Trustee, in trust, with power of sale, the following described property located in the
County of Adams
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
SEE ATTACHED EXHIBIT
which currently has the address of
HASTINGS
[city]
3360 S SOUTHERN HILLS DR
[Street]
Nebraska 68901
[Zip Code]
("Property Address"):
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."
The Property shall also include any additional property described in Section 20 of the Master Form Deed of Trust.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record as
of the execution date of this Security Instrument. Borrower warrants and will defend generally the title to the
Property against all claims and demands, subject to any encumbrances of record.
NEBRASKA -SHORT FORM OPEN-END SECURITY INSTRUMENT
HCWF# 4814-9165-7985v2 (02/16/08)
IaIIIIIIIIIIIIII~uIIIIINIIIIIIIIIIIII~II~IIIIIIIIIIINaII~
(page 2 of 4 pages)
Documents Processed 03-12-2008, 14:20:45
o?O~ ~Q
2U08155~
MASTER FORM DEED OF TRUST
By the execution and delivery of this Security Instrument, Borrower agrees that all of the provisions of the
Master Form Deed of Trust are hereby incorporated in their entirety into this Security Instrument. Borrower agrees
to be bound by and to perform all of the covenants and agreements in the Master Form Deed of Trust. A copy of the
Master Form Deed of Trust has been provided to Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it. Borrower also acknowledges
receip~~f a copy of this document and a copy of the Master Form Deed of Trust.
~!. ~,- __
~ ~~~~~~~~~ ~/'"USfi~ C'~ (Seal)
GARY D INNICK TRUSTEE OF THE GARY D MINNICK REVOCABLE TRUST -Borrower
F
~~d''r-'c'.~~ - 't!~ ~~i'`~"`7-sr f"- ~~' ~t`;~~5~'' ~~ (Seal).
DONNA LEE MINNICK • RUSTEE OF T ~ E DONNA LEE MINNICK REVOCABLE TRUST -Borrower
For An Individual Acting In His/Her Own Right:
State of 7~ y ~ ~ r
County of j-pt ,-j ~~ (<`~ c^
t'~`''n;.~~ ~s u
The foregoing instrument was acknowledged before me this r~~..~ c$c_,i n{`~, _~` `(date)
by (-~~r.~ ~'c/~~ ~ 1~-1 ~ r~r'~i <~_ l:. ~i-- l_~c;a1 r~ ~~_ i._'~ 1•~~t'nne ~~_, (-_
E (name of person acknowledged).
Witness my hand and official seal, this the ~~': day of hr'{q('C~'ti ~j~'r~.
[Notary Seal]
~,MY JOSE ISRAEL LOPEZ ~~'~"` ~F'~' --
Notary Public (Sign' ture of Person Taki~fg Acknowledgment)
STATE OF TEXAS
My Comm. Exp. July 16, 2011 ~_ ~ ~,' ~ ~ ~ f7 6 ~
(Title or Rank)
(Serial Number, if any)
My Commission expires: ~ ~ ~ ~•~ I (,. r "~- a !
(Print Name of Person taking acknowledgment)
NEBRASKA -SHORT FORM OPEN-END SECURITY INSTRUMENT (page 3 of4 pages)
HCWFI#'48ryy1p4-916H5p-79g85v2 (I0'2/16/p0'8y)~
~~I~I~~~lll~lpldIIII~~NNI~II~II~IIIIII~II~IINY~~I~ Documents Processed 03-12-2008, 14:20:45
3~4
2~Q~1556
For An Individual Trustee Borrower:
State of i `~-~ E' ~
County of (~ ~'cl.t l t n
The foregoing instrument was acknowledged before me this
1~ ~ ~-~ ~•ti i 3 k `~' t ~~' ~~' ~ (date) by
~~i°r^~7_I~i 1-~t~r'~Ic^ ~< -i~- I~t':"~+•~~. I~-c'^ t~l{~~+1-ei<• {c,
(name of person acknowledged),
Trustee for the Trust known as ( ~ l ~ t~ i r~'~ ~
nli C~iL- ~ - ~''1"!.'Fj1'ii ~ ~ t -~ t-P,Li t-l1+?(?f f. r._ .a_y,e:.ec ~
1 ~' C !!r"• C C~ ~i 1 d. 1 j'!)': -~'. ~ Vie' ~+ !? ~ .
Witness my hand and official seal, this the t~" day of ~"1 C" re-l-- _ , ^-t>~~~5-
[Notary Seal]
~r JOSE ISRAEL LOPEZ
, Notary Public
„~ STATE OF TEXAS
My Comm, Exp. July 16, 2011
(Signt~ rt~f Person Taking Acknowledgment)
(Title or Rank)
My Commission expires: ~131~~ 1 j:-- ~ ~' 1
(Serial Number, if any)
JCS i~<~ ..i.] ~f!L ~'~ L/
(Print Name of Person taking acknowledgment)
NEBRASKA -SHORT FORM OPEN-END SECURITY INSTRUMENT
HCWF# 4814-9165-7985v2 02/16/08)
IIIIIIIII~IIIIIIUIIIIIIINaIIIIaIiIIIII~IIIIIIIIIII11NVllll
(page 4 of4 pages)
Documents Processed 03-12-2008, 14:20:45
Df ~.Q
2UU81556
Reference: 20080647300012
Account:650-650-8167447-1998
Wells Fargo Bank, N.A.
THIRD PARTY RIDER
THIS THIRD PARTY RIDER is made on MARCH 13, 2008 is incorporated into and shall be deemed to amend
and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date
given by the undersigned Trustee(s) to secure the Debt Instrument from GARY D MINNICK And DONNA
LEE MINNICK (individually and collectively referred to as the "Debtor") to Wells Fargo Bank, N.A. (the
"Lender") of the same date and covering the property described in the Security Instrument (the "Property") and
located at:
3360 S SOUTHERN HILLS DR, HASTINGS, NEBRASKA 68901
[Property Address]
In addition to the covenants and agreements made in the Security Instrument, the undersigned Trustee(s) and
Lender further covenant and agree as follows:
With respect to the DONNE LEE MINNICK REVOCABLE TRUST (the "Trust"), the Security Instrument
constitutes a third party mortgage/deed of trust and grant of security interest by the undersigned as Trustee(s) of
said Trust in the Property to secure the Debt Instrument of the Debtor to the Lender.
Consequently, references in the Security Instrument to "Borrower" refer to the undersigned Trustee(s) and the
Debtor if the context in which the term is used so requires. Without limiting the generality of the foregoing, the
use of the term "Borrower" in the context of warranties, representations and obligations pertaining to the Property
shall refer to the undersigned Trustee(s). The use of the term "Borrower" in the context of the requirements under
the Debt Instrument shall refer to the Debtor.
Except with respect to the obligation(s) of the undersigned as individuals, and not as Trustee(s), with respect to
the Debt Instrument before the date first set forth herein above and the obligation(s) of the undersigned as
individuals with respect to the Debt Instrument prior to the transfer of the Property into the Trust, the Trust and
the undersigned, as Trustee(s), are not liable for the debt evidenced- by the Debt Instrument and are a party
hereunder only insofar as their interest in the Property is made subject to the Security Instrument.
Further, revocation of the Trust, transfer of the Property by the Trust, or death of any Debtor shall constitute an
event of default under the Security Instrument.
By signing below, the undersigned Trustee(s) accept(s) and agree(s) to the terms and provisions contained in this
Third Party Rider.
LEE MINNICK REVOCABLE TRUST
Attach this Rider to the Security Instrument before Recording
3"~ Party Rider, HCWF#132.v1 (10/25104)
IIIII~IIIII~~n~IIIII~IIIIIIIIINIl~1191111111111~~11~
1/I
Documents Processed 03-12-2008, 14:24:47
<S6-FCe
20081556
~.
EXHIBIT A
SITUATED IN THE COUNTY OF ADAMS AND STATE OF NEBRASKA:
COMMENCING AT A POINT 1,080 FEET NORTH OF THE SOUTHEAST
CORNER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE l0 WEST OF THE
6TH PRINCIPAL MERIDIAN; ADAMS COUNTY, NEBRASKA; THENCE SOUTH
ON SAID SECTION LINE 300 FEET; THENCE WEST PARALLEL TO THE
SOUTH LINE OF SAID SECTION 435.6 FEET; THENCE NORTH PARALLEL
TO THE EAST LINE OF SAID SECTION 300 FEET; THENCE EAST 435.6
FEET TO THE POINT OF BEGINNING.
Permanent Parcel Number: 128-1630
GARY D. MINNICK, TRUSTEE; GARY D. MINNICK REVOCABLE TRUST,
AND DONNA LEE MINNICK, TRUSTEE; DONNA LEE MINNICK REVOCABLE
TRUST, AS THEIR INTERESTS MAY APPEAR
3360 SOUTH SOUTHERN HILLS DRIVE, HASTINGS NE 68901
Loan Reference Number 20080647300012
First American Order No: 14214415
Identifier: FIRST AMERICAN LENDERS ADVANTAGE
~~~~~~~~~~~~~~~~~~~~~~ MINNICK
14214415 NE
FIRST AMERICAN ELS
OPEN END DEED OF TRUST
~Vl~cn rccordod mail to:
• TIRST AAlIsIU(19N T'II'LL'.INSURANCIs
y EA'DL'RS AD Vt1N'lA GI
IIOII ~S'UYI'KIOIl ft I~EA~UL; SUI ~Li 200
CLL+'VIsLAND, OHIO =/4114
ATlIV: rTI120
L
(QO~C.e