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HomeMy WebLinkAbout20080844NUM PGS_~._L,~,^,.,,~ bOC;TAX ~ ~~~~ ca•o~.. ~crs._____ R~r ~._....r~s~.._._~.an. cKr.r.... Rl?URN $a•..•••: ~•..:f D.~. a~ .. ~?!J ~a x a? 70 Dom ~nha~ ,s'E GBB3~ 02 ~o IIIBVI~IIIIIQ~IIII~IIIIIIAIIIAdB aoa~ns cour~TY, Nc FILED past. No...~Q~„$,Q8 4 4 Date -s: ~ 8 ?ime. 9 ?~~ ~D. COMP ,~,.. ~ , 9"S9 ~~iM~+t~tR1 REGISTER OF DEEDS COMPARE ~ CADAS - AO / State of Nebraska Space Above 'This Line For Recording Data DEED OF TRUST (With Future Advance Clause) ^ Construction Security Agreement ^ Master form recorded by ............................. 1. DATE .AND PARTIES. The date of this Deed of Trust (Security Instrument) is ................. . 02.26.2008, , , , , , , , . , , , , , , . , , and the parties, their addresses and tax identification uwnbers, if required, are as follows: TRUSTOR: JANE ERIN FLEMING KLEEB ANO SCOTT MICHAEL KLEEB, HUSBAND ANO WIFE 1010 NORTH DENVER HASTINGS, NE 68901 ^ If checked, refer to the attached Addendum incorporated herein, for additional Trustors, their signatures and acknowledgments. TRUSTEE: gANK OF DONIPHAN 2727 WEST 2ND X304 .HASTINGS, NE 68901 BENEFICIARY: gANK OF DONIPHAN ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEBRASKA P 0 BOX 270 DONIPHAN, NE 68832.0270 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Trustor's performance under this Security Iustrmmeut, Trustor irrevocably grants, conveys and sells to Trustee, iu trust for the benefit of Beneficiary, with power of sale, the following described property: THE SOUTH FIFTY (S 50) FEET OF THE NORTH FIFTY•SIX AND TWO•THIRDS IN 56 213) FEET OF THE WEST ONE HUNDRED FOURTEEN (W 114- FEET OF LOT FIFTEEN (15), ALEXANDER'S SECOND ADDITION TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF The property is located in ..............................APA,INS............ ........... at 1010 NORTH.DENVER,..........,_....._....... (Cou~uy) ...... .... ........................................................... . ....................... ................... , ebraska .......... ........... HASTINGS N (Address) (City) (Z[P Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future uuprovements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 13,J2.5,~,R ..........................................This lhnitatiou of unount does not include interest and other fees and charges validly made pursuant to this Security Iustrumment. Also, this lhnitatiou does not apply to advances made under the terms of this Security Instrument to protect Beneficiary's security and to perform any of the covenants contained iu this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The tern "Secured Debt" is defined as follows: A. Debt incurred under the terns of all promissory note(s), contract(s), guarauty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (Wlaeri refereraeirlg the deUts beloN~ it is suggested that you iuclrule items such as borroN~ers' ruzmes, note anaourtts, interest rates, maturity dates, etc.) BANK OF DONIPHAN PROMISSORY NOTE DATED 2~26~08 SECURED WITH 2ND DEED OF TRUST ON 1010 NORTH DENVER, HASTINGS, NE NEBRASKA -DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE) -~~e ©7994 Bankers Systems, Inc., St, Cloud, MN Form RE-DT-NE 1/30!2002 /page 1 of 41 /~ ,Y i n rt ~} ~ 1.. !~ ~ 7 r, .~, ,~~f..•4'1 ., .......~.-.,.... ryry~~ `. r~ !R~ RR . ,.,,,,,,,,,;..,;,,,,,,,.t~. ~ 3d.. ~ 1! . ra"k .~.,..,,,rw.,..~i~~ l6":.M.,.,.,.....~~ 4Ti:1~~ BB~jfutur~dv~~!sf„~rom Beneficiary to Trustor or other future obligations of~ stol~;t~,~eneficia ;?~{pder any ronusso cote, contract, uarant or other evidence of debt executed b Trustor ayye~ 88f Be a a ~.~, , p~~ 'Ey ry hetheg or. y y P Yy ~F`~i'~f~ ~ p ~~ "S rt "Itts~,u~1~1>1:..'~9 ;tiiot, tltis•.Securit .Instrument is s ecificall refeit*ttCt? . i 'C>i~ii one ersou st tts ~'~~ ' ` thts,; lSecurtty `Itistrum~}lt, each Trustor agrees that this Security htstrument will ute~ g~~~lpli~~ti~rnsr~l}~`,~e g en to o~••incurred- by. any-one or more Trustor, or any ^ne^or~~org,Tr,~s or ands+wl~c~ ,~I?tT41!~i future advances and other future obligations are secured by this Security Instrument even though all or~art may not yet be advanced. All future advances and other- future obligations are secured as'~"ifin~n t iTeTe o`w~tTi> Security Instrument. Nothing in this Security Instrument shall constitute a comtuitrnent to make additional or future loans or advances in any amount. Auy stick comtiiitiiien[ iirust be agreed to in a separate writing. C. All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and Beneficiary. D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of rescission. 5. PAYMENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the teens of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of sale. Trustor also warrants that the Property is unenctunbered, except for encurmbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien doctunent that created a prior security interest or encumbrance on the Property, Trustor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lieu document without Beneficiary's prior written consent. 8. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, eucmnbrattces, lease payments, ground rents, utilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiary copies of all notices that such amowtts are due and the receipts evidencing Trustor's payment. Trustor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Trustor agrees to assign to Beneficiary, as requested by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor or materials to maintain or nmprove the Property. 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lieu, encumbrance, transfer or sale of the Property. 'This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid iu full and this Security Iustrutnent is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and make all repairs that are reasonably necessary. Trustor shall not conunit or allow any waste, imipairnent, or deterioration of the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the >tature of the occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any change in any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any Loss or damage to the Property. Beneficiary or Beneficiary's agents may, at Beneficiary's option, eater the Property at any reasonable tone for the purpose of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before au inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor will in no way rely on Beneficiary's inspection. 11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security Instrument, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as attorney in fact to sign Trustor's name or pay any atmount necessary for performance. Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigtts, grants and conveys, to Trustee, iu trust for the benefit of Beneficiary as additional security all the right, title and interest iu the following (all referred to as Property): existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including any extensions, renewals, modifications or replacements (all referred to as Leases); and rents, issues and profits (all referred to as Rents).. In the event any item listed as Leases or Rents is determined to be personal property,' this Assigmtient will also' be regarded as a security agreement. Trustor 'will promptly provide Beneficiary with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assigmnent, and all future Leases and any other information with respect to these Leases will be provided ummediately after they are executed. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default. Upon default, Trustor will receive any Rents in trust for Beneficiary and will not comm~ingle the Rents with any other funds. Trustor agrees that this Security Instrument is imm~ediately effective between Trustor and Beneficiary and effective as to third parties ou the recording of this Assigmiient. As long as this Assigmnent is in effect, Trustor warrants and represents that uo default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the provisions of any lease if this Security Instrtunent is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Trustor will perform all of Trustor's duties under the covenants, by-laws, or regulations of the condomiuiwn or plaiured unit development. "' ©1994 Bankers Systems, Inc„ St. Cloud, MN Form RE-DT-NE 1!30/2002 /page 2 of 41 .ate ~ ~~oo8n~~~ 14. DEFAULT. Trustor will be itt default if arty party obligated ou the Secured Debt fails to make payment when due. Trustor will be iu default if a breach occurs under the terms of this Security Iustrumeut or any other document executed` for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Beneficiary that Beneficiary at any time is insecure with respect to any person or entity obligated ou the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute au event of default. 15. REMEDIES ON DEFAULT. Iu some instances, federal and state law will require Beneficiary to provide Trustor with notice of the right to cure or other notices and may establish tone schedules for foreclosure actions. Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Iustruuient in a manner provided by law if Trustor is iu default. At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become hnmediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. Iu addition, Beneficiary shall be entitled to all the remedies provided by law, the teens of the Secured Debt, this Security Instrument and any related docutneuts, including without limitation, the power to sell the Property. If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, advertise and sell the Property as a whole or iu separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at such fume and place as Trustee designates. Trustee shall give notice of sale including the time, terms and place of sale and a description of the property to be sold as required by the applicable law in effect at the time of the proposed sale. Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, iusurauce, liens, assesstmeuts and prior encumbrances and interest thereon, and the principal and interest ou the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals iu any deed of conveyance shall be prima facie evidence of the facts set forth therein. All remedies arc distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Beneficiary of any sutn in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again. 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, 'Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Security Instrument. Trustor will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or otherwise protecting the Property and Beneficiary's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided iu the terns of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Iustrumeut shall remain in effect until released. Trustor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used iu this section, (1) Envirotunental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 ~t seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, envirotumeut or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which reader the substance dangerous or potentially dangerous to the public health, safety, welfare or euvirotmieut. The tern includes, without Limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Euvirotunental Law. Trustor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged iu writing to Beneficiary, uo Hazardous Substance is or will be located, stored or released on or itt the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the nornal use and maintenance of the Property. B. Except as previously disclosed and acknowledged iu writing to Beneficiary, Trustor and every tenant have been, are, and shall remain iu full compliance with any applicable Euvirouuieutal Law. C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs ou, under or about the Property or there is a wiolatiou of any Environmental Law concerning the Property. Iu such an event, Trustor shall take all necessary remedial action iu accordance with any Euvirotmiental Law. D. Trustor shall itmntediately notify Beneficiary in writing as soon as Truster has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Ettvirotnneutal Law. 18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Trustor authorizes Beneficiary to intervene iu Trustor's came in any of the above described actions or clauns. Trustor assigns to Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided iu this Security Instrutneu[. This assigtmient of proceeds is subject to the terns ~f any prior mortgage, deed of trust, security agreement or other lieu document. 19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This iusurauce shall be maintained in the amounts and for the periods that Beneficiary requires. What Lender requires pursuant to the preceding sentence eau change during the tern of the loan. The iusurauce carrier providing the insurance. shall be chosen by Truster subject to Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights iu the Property according to the terns of this Security Iustrumeut. All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Truster shall inunediately notify Beneficiary of cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, .Trustor shall mmmediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Truster shall give iummediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made inmiediately by Trustor. (page 3 of 4J H ~« ,~. ,. M,.~ -~~a ©199 ~ankers;Sy~tems~,Mc St -Cloyd f~(~~or~ RE- -NE 1/30/2002 AK- !,ate ~..`S ti ~1'~ f f r' , ~ ' u`,~ rs'" TM~ ~..~,.>.._w.,.. ,,,~,..~.M,~~ . ..., .~... .. `~~y . ~ 20080844 Utiless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property •or to the Secured Debt, whether or not then due, at Beneficiary's option. Auy application of proceeds to principal shall not extend or postpone the due date of the scheduled paynteut nor change the amount of any payment. Auy excess will be paid to the Grantor. If the Property is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt nmmediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided iu a separate agreement, Trustor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any financial statement or iltfornatiou Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any additional documents or certifications that Beneficiary may consider accessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and Beneficiary's lieu status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Iustrutnent are joint and individual. If Trustor signs this Security Instrument but' does not sign an evidence of debt, Trustor does so Drily to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Beneficiary and Trustor, 'Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim against Trustor or any party indebted under the obligation. These rights may include, but are not lnnited to, any anti-deficiency or one-action laws. Trustor agrees that Beneficiary and any party to this Security Instrument may extend, modify or make any change in the teens of this Security Instrument or any evidence of debt without Trustor's cottseut. Such a change will not release Trustor from the teens of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Iustrwnent is complete and fully integrated. This Security Instrutneut may not be amended or modified by oral agreement. Auy section iu this Security Iustrumeut, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, utiless that law expressly or nnpliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its teens, that section will be severed and will not affect the enforceability of the remainder of this Security Instrwnent. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience Drily and are not to be used to interpret or define the teens of this Security Instrumment. Time is of the essence in this Security Instrument. 24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a successor trustee without any other formality than the designation in writing. The successor trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law. 25. NOTICE. Utiless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class trail to the appropriate party's address ott page 1 of this Security Ittstrutttettt, or to arty other address designated iu writing. Notice to one trustor will be deemed to be notice to all trustors. 26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption riglus relating to the Property. 27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ^ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Iustrumeut will remain in effect until released. ^ Construction Loan. This Security Instrument secures au obligation incurred for the construction of an improvement ott the Property. ^ Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grantor owns now or iu the future and that are or will become fixtures related to the Property. This Security Instrutneut suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Comtmercial Code. ^ Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplenteut and amend the terns of this Security Instrument. [Check all applicable boxes] ^ Condominium Rider ^ Planned Unit Development Rider ^ Other .................................................. ^ Additional Terms. SIGNATTJR.ES: By signing below, Trustor agrees to tt:e terns and covettauts contained in tltis Security Instrument attd in any attacluments. 'trustor also acknowledges receipt of a copy of this Security Instrutment on [he date stated on page I. .. ...... .... ... ..... ........~ ~.~~. ... ............................... ~ .a?~. 6~ (S' to re) JANE N FLEMIN B (Date) (Signature) SCOTT MICHAEL KLEEB Date) A O L EN STATE OF ~IESRASKA ..................................... COUNTY OF ..............!.!~Q~I.~--~..........................} ss. f`"''"'d°~') This instrument was acknowledged before me this ........26TH ....... day of ................ FI;QBUABY,.2008................. by JANE.ERIN.FLEMING.K4E:III;.SG.QTT.MIO.HAEL.KGEI;B,.H~SBANp.AN4.WIFE ................................. .............................. . My conunission expires:-5 // ............. ~l~l~s~~~.. ..... ................ ......... . (~ y Public) ~r a ©1994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT-NE 1/30/2002 ~~~ ~10TARY S7~ a (page 4 of 4J DEBRA J. E3ARTUNEK Nry Comm. Exp. feD. 6, 2011 ~~ ~