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Home My WebLink About20081552NUM PGS~~ DOC TAX CK# FEES~~fL-~~PD~6 CK# ~`6 CHG ACCT # RET FEES:~CASH '~R.O.D. CK# RECD ~=R.~G~"ntif '~-e r~~ °~-P~el~er RETURN R a,,.~,no f 1~~er~ch~k P-~~~~'cr' ]`U I ~ ~ N i c l~ 01 a~ .S-I/ 5 y i+t 1~ a oma~.o~. N~ Ce~-t`~ ~~ G~; ~i~' • ~,.~~t I~IIIIII~IIII~IIII~IIIIIIII~II~II t~oys+o~ Sub -Prosser NUM ~.5"$- li RD. COMP ~- Ro 3-ss COMPARE ~ ~ CADAS - AO - `~ RETURN TO: Patrick M. Heng RAYNOR, RENSCH & PFEIFFER 10110 Nicholas Street, Suite 102 Omaha, NE 68114 TO: Steven Gerritsen 105 Lakeside Drive Hastings, NE 68901 NOTICE OF DEFAULT ADAMS COUNTY, NE INST. NO FIL~~0~~5J~ Date -It ~~~Time a ~ ag ~~:~~~ REGISTER OF DEEDS WHEREAS, Steven W. Gerritsen, a single person, as Trustor, on the 31st day of March, 2005, executed and delivered to Hastings State Bank, as Trustee, for the benefit of Hastings State Bank, as Beneficiary, a Deed of Trust covering the following described property, which Deed of Trust was recorded as Instrument No. 20053413 in the office of the Register of Deeds of Adams County, Nebraska on July 20, 2005, and as modified in the Modification of Deed of Trust ("Modification"~ dated November 9, 2007 executed by Steven W. Gerritsen to Hastings State Bank, recorded as Instrument No. 20075002 in the office of the Register of Deeds of Adams County, Nebraska on November 13, 2007, on the following described property, to-wit: See Exhibit "A" attached hereto and incorporated herein. WHEREAS, said Deed of Trust and Modification of Deed of Trust were given as security for the payment of Trustors' Promissory Note dated March 31, 2006 in the original principal amount of $110,000.00 which was delivered to Hastings State Bank as increased reflected in the Modification to $450,000.00; and /aF5 WHEREAS, a breach of the obligation of Trustors for which such Deed of Trust was made has occurred, to-wit: The Trustors have failed to pay the following: (a) payment due on March 1, 2008 in the amount of $448,797.33, with accrued interest as of April 9, 2008 in the amount of $38,207.49, for a total of $487,004.82. (b) Trustor may be in breach of Trustor's obligation to pay all taxes due and owing on the subject property. NOW, THEREFORE, you are notified pursuant to the power of sale of said Deed of Trust and §76-1006 R.R.S. (1943) et. seq., and in accordance with the terms and provisions of said Deed of Trust as follows: a. That you may cure the aforesaid default by payment to the Beneficiary, Hastings State Bank of payment due on March 1, 2008, in the amount of $448,797.33, with accrued interest as of April 9, 2008 in the amount of $38,207.49, for a total of $487,004.82 b. Payment of any and all taxes due on the subject property; and c. The costs of filing this Notice of Default; within thirty (30) days of the date of your receipt of this Notice. 2. That failure to cure the default on or before said date may result in acceleration of all sums secured by the Deed of Trust and sale of the. above described property. 3. You have the right to reinstate the Deed of Trust after acceleration by payment of all amounts due and the right to bring a court action to assert the nonexistence of a default or any other defense to acceleration and sale. 4. Your failure to cure the default before the specified date in this notice may evoke a power of sale and any other remedies permitted by applicable law. You are also responsible for the payment of all expenses incurred by Hastings State Bank in pursuing their remedies against you, including, but not limited to, reasonable attorney's fees and costs of title evidenced. a des 2U0~1552 DATED the 11th day of April, 2008. HASTINGS STATE BANK, Trustee Patrick eng, #17704 RAYNOR, RENSCH & PFEIFFER 10110 Nicholas Street, Suite 102 Omaha, NE 68114 (402) 498-4400 STATE OF NEBRASKA ) ss. COUNTY OF DOUGLAS ) BE IT KNOWN that on this the ~~day of April, 2008, before me, a Notary Public, duly commissioned, qualified and acting in and for said County and State, personally appeared Patrick M. Heng, attorney for Trustee, Hastings State Bank, to me known to be the identical person whose name is affixed to the foregoing instrument, and he acknowledged the execution thereof to be his voluntary act and deed. ~- Notary Public C~NERAC NOTARY~State of Nebraska DEBRA R. RHODEN MN Cornm. Exp. feb. 28, 20l2 3 a-~5 2U08i55`~ Rxhibi.t /~ - Page 1 A past of the 6E1/4 5Fs]./4 of Section 5, Township 8 North, Range 11 W66t of the 6th P.M., 7.73 the Village o£ Pros®er, Adams County, Nebraska, more particularly described ae: Commencing at a point where the South line of the 581/4 of section 5 is intersected by the East line of the right oP way of the Missouri Paci.gic Railway, running thence North along said right of way 370 feet, more or less,- to the point where Baid right of way turns at right ar191es to th® East; thence East along the South line of said right of w2~y 100 feet; thence South parallel with said East line of 'right of way and 100 feat .distant therefrom 370 feet, more or less, to said quarter section line; thence west along said section line 100 feet to the place of beginning, EXCEPT the South 180 feet thereof, AND A part of the SE1/4 SE1/4 of Section 5, Township B North, Range 11 West of the 6th P.M., in the village of px'oBSer, AdamB Cotanty, 1`:ebraska, moss particularly described ss ; Conmtencing at a point on the South lfne oP said section 100 Peet East of the Missouri. Pacific Railway right of way; thence North on a line parallel with said right of way and 100 feet distant therefrom, 370 feet, more or less, to a point where such line would intersect the South 11ne of ~'lore~nCe Avenue of the Village of Pro88er, if said Avenue were extended to the East line of said section; thence East along such extended South line of Florence Avenue, S10 f®et, more or less, to the East line of said sections thence South along said section line 370 feet, more or less, to the Southeast corner of said section; thence West along the South line of said section 510 feet, more or less, to the place of beginning, EXCEPT the We6t 30 feet of the South 180 feet thereof, and subject to road right oP way on the $aet, AND A part of the S$1/4 SBl/4 of Section 5, Township 8 North, Range it West of the 6th P.M., in the Village of Prosser, Adams County, Nebzatska, more particularly described as: 8®ginniAg at a point on the South line of saifl Section 5, 710 feet west of the SoutheasC corner of the Southeast Quarter of said section 5; thence North at right ang],es to said South line of Section 5, 1890 feet, more or less, to the intersection of the East line of Railroad street an$ the North line of Warren Avenue, of the Original Town of Prosser, Nebraska; thence East at right angl®s to the said East line of Railroad Street 200 feet; thence South at right angles to the last described course 805 feet; thence AleE;t at right angles to Last described course 22 feet; thence South at right angles to last described course 55 Beet; thence Bast at right angles to last described course 22 feet; thence South at right angles to last described course 660 Beet; thence west at right angles to last described course 10o feet; thence South at right angles to last described course 370 feet to a point on the South line of said Section S; thence West 100 feet to the point of beginning, EXCBPT the North 720 .feet thezaof, AND EXCEPT the South 341 fe®G thereof, AND Lot 2, Royston 8ubdiviaion in-the SS7,/4 SEl/4 of 5ecti,vn 5, Township 8 North, Range 11 West of the 6Ch P.M., in the Village of Prosser, Adams County, Nebraska, subject to roafl right of way on th® East, AND _ ~ ~lo~~ ,..~ - - ~ ~ 2U08i552 Pxhibit ~ page 2 Commencing at a poa.nt on the East line of Section 5 irk Townsh~,p 8 North, Range li West of the 6th P,M., in the village of Prosser, Adams County, Nebraska, 370 feet North of the Southeast corner of said s®ctiori; thence We9t 510 feet, more or less, to the East lane of the right Of way Of the Missouri Pacific Railway Company; thence North along said right of way 40 feet; thence East 510 Pa®t, more or less, to the, East ],ins of said section; thence South along said PsasC line 40 feet to the place of beginning, being s projection of Florence Avenue of Prosser Village, subject to z'oad right of way on the East, SAS