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Home My WebLink About20080567S.A.S E. ~ NUM PGS DOC TAX CK# FEES /d Sd PD 16..0 CK#1~.~` 'D ~" CHG ACCT # RET FEES~~:''r` ~~,~.. CASH R.O.D. CK# ~•REC'D~~_/ ~1Gljl ~iHe RETURN ~ t %~ C'/ / d ~,~ Y yiry 98Q y I~~YM,IInIV~II~Y~~lllll~~lln ,„n„x,67 ~,~n~r~~ ~ ~_ ~.S - AO '~ Date ~ Time.~2 7i,~t (J REGISTER OYF DEEDS Prepared by: Wells Fargo Financial Bank 3201 N 4th Ave Sioux Falls SD 57104 Keturn to' Wellc F gcLEi~aaaai-a~}-~~an~r--'~~fl-1-T~~'-dfi1;iS:,`P`.c;:,,-----~~t-t cn 57104 ---~ NEBRASKA DEED OF TRUST -LINE OF CREDIT (With Power of Sale) THIS DEED OF TRUST, made this 1 day of FEBRUARY, 2008, between JUDITH GAONA and JUAN GAONA. WIFE AND HUSBAND, whose mailing address is 614 WEST 14TH STREET, HASTINGS "NE 689013005, as Trustors, FIRST AMERICAN TITLE & INSURANCE COMPANY whose mailing address is 1055 N 155TH ST, STE 300, OMAHA, NE 68154, as Trustee, and Wells Fargo Financial Bank, whose mailing address is 3201 North 4th Avenue, Sioux Falls, SD 57104, as Beneficiary, WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following described property in ADAMS County, Nebraska: THE EAST SIXTY-FIVE FEET (65') OF LOTS FIVE (5), SIX (6), AND SEVEN (7) BLOCK TWELVE (12), DAWES AND FOSS ADDITION TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA. APN#: 284-10708.00 Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues and profits thereof. This conveyance is intended for the purpose of securing the payment to Beneficiary of initial and future advances to Trustors' under a Credit Card Account Agreement ("Agreement") in the amount of $ 40,500.00, plus interest on the principal outstanding from time to time at the rates from time to time provided for thereunder. Payment may be made in advance in any amount at any time. Default in making any payment shall, at the Beneficiary's option and without notice or demand, render the entire unpaid balance of said loan at once due and payable, less any required rebate of charges. To protect the security of this Deed of Trust, Trustor covenants and agrees: 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary as its interest may appear and then to the T>ustor, The amount collected under any insurance policy may be NE-0979NOWLINE-0905 (also used by IA) (ROC) Page 1 of 3 /~- 3 2008056'7 applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust or cure or waive any default or notice of default or invalidate any act done pursuant to such notice. In the event of foreclosure, all rights of the Trustor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof and- any such sale, conveyance or transfer without the Beneficiary's written consent shall constitute a default under the terms hereof. 5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee. 6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust as permitted by law. IT IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 5. Upon default by Trustor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Nebraska Trust Deeds Act, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto. 6. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Trustor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for value. NE-0979NOWLINE-0905 (also used by IA) (ROC) Page 2 of 3 ~~ ~oogo567 7. The power of sale conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 8. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust. is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 9. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors, successors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. 10. Request for Notice of Default or Notice of Sale. It is requested that a copy of any Notice of Default or Notice of Sale be mailed to each person who is named in this Trust Deed at the mailing address of such person as set out above. NOTICE TO CONSUMER. 1. Do not sign this paper before you read it. 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time and may be entitled to receive a refund of unearned charges in accordance with law. Signed this 1 day of _ FEBRUARY, 2008 STATE OF _~,/E~~1-~-'cr I ~~~ ) l/_. - 2'f, - _ -r.~ dv / ) ss. emu, i ona ~ . /~ ~~ COUNTY ) Ju aona On this 1 day of FEBRUARY, 2008, before me, the undersigned, a otary Public, duly commissioned and qualified for and residing in said county, personally came JUDITH GAONA and JUAN GAONA WIFE AND HUSBAND to me known to be the identical person(s) whose name(s) is/are affixed to the fo instrument as trustor s and acknowledged the same to be his/her/their voluntary act and deed. 11~I GENERAL NOTARY - State of Nebraska Witness my hand and Notarial Seal the day and year last abo~itt~. •~OHN D. BEHRENS ~` ~ ~ Y amm. Fxp. Aug. 20, 2011 My Co~}mission expires the 'L(~ day of ft~L~'!/~r~ 2.0 l/ . - ~C~~ ° n' P is I -~ r STATE OF ) ss. COUNTY ) Entered in Numerical Index and filed for record in the office of the Register of Deeds of said county, the day of , at o'clock and minutes M., and duly recorded in Book of Mortgages page when recorded mail to: Register of Deeds first American Title Insurance Lenders Advantage 1 100 Superior Avenue, Suite 200 Cleveland, Ohio 44114 I~~~I~~~I~~~~~~~~~~~~I GAONR Deputy ATTN:RELS 14041252 NE FIRST AMERICAN LENDERS ADVANTAGE DEED OF TRUST NE-0979NOWLINE-0905 (also used by IA) (ROC) Page 3 of 3 ~p~3