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ADAMSF OUpTY~ NE
INST. NO ~ ~ 5
Date 3...5 08,,..rm~ ~ .
B~Qt~~da'
REGISTER OF DEEDS
RESERVED FOR REGISTER OF DEEDS RECORDING-SPACE
ADAMS COUNTY NE
s
PAGE 1 OF ~ PAGES
ACI(NOWLEDGEMENT OF DEED OF TRUST
TRUSTOR READ Tf-IIS E3LI=ORE SIGNING:
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Trrrstor r-rnderslancJs that the document chat Truslor is about to execute is a Deed of Trust
and not a mortgage arul that the power of sale provirled for in the Deed of Trust provides
subslanlially different rights and obligations to -I rr_rstor than a mortgage in the event of a default or
breach of obligation under the Deed of Trust, including, but not limited to, the Lender's right to have
the Property sold by the Trustee will-rout any jucJicial proceeding. Truslor represents and warrants
that this aclcnowledgementwri execr-rted by Truslor before the execuiion_of the Deed of Trust.
Truslor Jul S. [~uhr
Truslor Angela j~ Buhr
PREFACE TO AGRICULTURAL DEED OF TRUST
COMPI_FTE this portion ONLY if the real properly described
consists of INDIVIDUALLY OWNLD AGRICUI_Tl_1RAL LAND.
If applical.~le, complete ONLY ONE either A, B, OR C:
A. DISCLAIMER TO RIGHT OF DESIGNATE tIOMES'TEAD:
Trrrstor acknowledges that Truslor is about to execr-rte ll)e following Deed of Trust upon the
Property. ~Lrustor, and each of them if more than one, I)ereby disclaims Trustor's right to designate a
homestead on said real estate. No earl of Truslor's homestead is presently or will in the future be
situated upon said real estate. Truslor umderstands Ihat if Trrlstor establishes a homestead on any
part of said real estate during the lime the Deed of Trust remains rugsatisfied and a lien upon said
real estate, there shall be no rigl~l to matte a designation of homestead in the event of a foreclosure
or trrrslee's sale will) respect to said Deed of Trust.
B. WAIVER OF RIGFIT TO IESIGNATE HOMESTEAD:
Trrrstor acknowledges drat Truslor is aborrl to execute the following Deed of Trust upon the
I'rol~erly. -1•ruslor, and ear_,h of llreni if more Thar) one, herel_~y waives -Il-ustor's right to designate a
horneslead on saic.l real estate. Truslor understands that Truslor Iris right to make a designation of
hon~eslead and prat by executing ll-is waiver, Truslor is waiving rights otherwise available for the
I~urpose of affording them the opportunity to retain Trustor's homestead in the event of a default
upon the Deed of Trust.
L'7 C. DESIGNATION OF HOMESTEAD:
Prrrsuanl to the f=ann I-lomestead Protection Aci (Section 76-1901 at seq- Revised Statutes
of the Stale of Nebraska). l-rusfor hereby designates the real estate described in the "Designation of
Flomestead" attached hereto and incorporated herein Iry this reference.
AGf21CUl_TURAI_ DEED OF TRUS-f WITH FUTl11~E ADVAPICES
TI-IIS DLED OF TRUSI~, is made as of the 26th clay of Februar 2008 I,y
and among the -Lrustor, Joel S. Buhr and Angela K. Buhr
whose mailing address is 8920 Showboat Blvd. , Hastings, NE 68901 -(herein,
l~rustor", whether one or more), the Trustee, -Gary L. Kruse whose mailing
address is 1611 Chesapeake Cr., GI, NE (herein "-trustee"), and the Beneficiary, Harvey 3uhr
a.n_d_Gar_y Kr~rs_e of G~and_._Isl.a.nd, whose mailing address is 1611 Chesapeake Cr,.,
Grand Island, NE 68$gc~rein "Lender").
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FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein
to Joel S. Buhr and Angela:'K. Buhr (herein "Borrower", whether one or more) and lire
trust herein created, the receipt of which is hereby aclu~owledged. Truslor hereby irrevocably grants,
transfers, conveys and assigns to -trustee, IN TRUST, WITH POWER OF SALE, for the benefit and
security of Lender, under and subject to lire terms and conditions hereinafter set for-th, the real
property, described as follows: See Attached ~xhi bit "A"
Together wily all buildings, iml~rovernenls, tixlures, streets, alleys, passageways,
easements, rights, privileges and appurtenances located thereon or in anywise pertaining ll~erelo,
and the rents, issues and profits, reversions and remainders thereof, and such personal properly
that is attached to the irY~provemerils so as to constitute a fixture, including, but not limited lo, heating
and cooling equipment; and together with tyre homestead or marital interests, if any, which interests
are hereby released and waived; all of wl-rich, including replacemerils and additions thereto, is
hereby declared to be a part of lire real estate secured by the lien of ll~is Deed of Trust and all of the
foregoing being referred to herein as the "Properly".
This Deed of -trust strait secure (a) the payment of the principal sum and interest evidenced
by a promissory note or credit agreement dated February 26, 2008 having a
maturity date of Apri 1 1, 2015_ , in the original principal amount of $ 5~~~g[~nd any and
all modifications, extensions and renewals thereof or thereto and any and all future advances and
readvances to Borrower (or any of them if more than one) hereunder pursuant io one or more
promissory Holes or credit agreernenls (herein called "Note"); (b) the payment of other sums
advanced by Lender to protect the security of the Nole; (c) the performance of all covenants and
agreernenls of Truslor sek forth herein; and (d) all present and future indebtedness and obligations of
Bon-ower (or any of lhenr if more than one) to Lender whether direct, indirect, absolute or contingent
and whether prising by note, guaranty, overdraft or otherwise. T he Note, ibis Deed of Trust and any
and all other docurnenls that secure tyre Note or otherwise executed in connection therewith,
including will~out limitation gr-iarantees, security agreements and assignments of leases and rents,
shall be referred to herein as the "Loan Instruments."
Truslor covenants and agrees wil~r Lender as follows:
~I. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
2. Title, Truslor is the owner of the Properly, has the right and authority to convey the
Property, and warrants drat the lien created hereby is a first and prior lien on fire Property, except for
liens and encc.inrbrances set forth by Truslor in writing and delivered to Lender before execution of
this Deed of Trust, acid the execution and delivery of ibis Deed of Trust does not violate any contract
or other obligation to wlrictr -f rustor is subject
3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all
other charges against the Properly now or hereafter levied.
4. Insurance. To keep the Properly insured against damage by fire, hazards included
within the term "extended coverage", and such other hazards as Lenders may require, in amounts
and will_r con~l)anies acceptable to LencJer, naming Lender as an additional named insured, with loss
payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect
and compromised, all claims thereunder and shall have the option of applying all or part of the
insurance proceeds (i) to any indebtedness secured hereby and in sr.rch order as Lender may
determine, (ii) to the ~l-rustor to be used for the repair or restoration of the Properly or (iii) for any
other purpose or object satisfactory to Lender will-lout aFfeclirrg lire lien of this Deed of Trust for the
full amount secured hereby before such.paynrent ever look place. Any application of proceeds to
indebtedness shall not extend or postpone lire due dale of any I~ayments under the Note, or cure
any default thereunder or hereunder.
5. Escrow. Upon written demand by Lender, Truslor shall pay to Lender, in such manner
as Lender nay designate, sufficient sums to enable Lender to pay as they become due one or more
of the following: (i) all taxes, assessrnenls and other charges against the Properly, (ii) the premiums
on the properly insurance required hereunder, and (iii) the premiums on any mortgage insurance
required by Lender.
6. Maintenance, Repairs and Gornpliance with Laws. Truslor shall Keep (Ire Properly in
good condition and repair; shall promptly repair, or replace any improverments which may be
damaged or destroyed; shall not commit or permit any waste or deterioration of the Property; shall
not remove, demolish or substantially tiller any of the improvement on the Property; shall not
cornnrit, sr_rffer or permit any act to be clone in or upon the Property in violation of any law, ordinance,
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or regulation; and shall pay and prornplly discharge at Trustor's cost and expense ail liens,
encumbrances and charges levied, imposed or assessed against the Properly or any part thereof.
7. Eminent Domain. Lender is hereby assignecJ all compensation, awards, damages and
other payments or relief (hereinafter "Proceeds") in connection with condemnation or other faking of
the Property or part thereof, or for conveyance in lieu of condemnation. Lender shall be entitled at its
option to conuirence, appear in and prosecute in its own name any action or proceedings, and shall
also be entitled to make any compra~rise or settlement in connection with such taming or damage. In
the event any portion of the Property is so taken or damaged, Lender shall have the option, in its
sole and absolute discretion, to apply all such Proceeds, after deducting therefrom all costs and
expenses incru-red by it in connection with such Proceeds, upon any indebtedness securecJ hereby
and in such order as Lender may determine, or to apply all such Proceeds after such deductions, to
the restoration of the Properly upon such conditions as Lender may determine. Any application of
Proceeds to indebtedness shall not extend or postpone the clue date of any payments under the
Note, or cru-e any default thereunder or hereunder. Any unapplied funds shall be paid to Trustor.
£3. Performance uy Lender. Upon lyre occur-rence of an Event of Default hereunder, or if
any act is taken or legal proceeding commenced which materially affects Lender's interest in the
Property, Lender may in its own discretion, but without obligation to do so, and without notice to or
demand upon -Trustor and without releasing Trustor from any obligation, do any act which Trustor
I~as agreed but fails to do and may also do any other act it deems necessary to protect the security
hereof. Trustor shall, immecJiately upon demand therefor by Lender, pay to Lender all costs and
expenses iru,rn-red and sums expended by Lender in connection with the exercise by Lender of the
foregoing rights, together with interest thereon at the default rate provided in the Note, which shall be
added to the indebtedness secured hereby. Lender shall not incur any liability because of anything it
may do or omit to do hereunder.
9. t-lazardous Materials. Trustor shall keep the Property in compliance with all applicable
laws, ordinances and regulations relating to industrial hygiene or environmental protection
(c;olleclively referred to herein as "Environmental Laws"). Trustor shall Keep the Property from all
substances deemed to be hazardous or toxic under any Environmental Laws (collectively referred to
herein as "Hazardous Materials".) Trustor hereby warrants and represents to Lender that there are
no Hazardous Materials on or render the Property. Trustor hereby agrees to indemnify and hold
han7iless Lender, its directors, officers, employees and agents, and any successors to Lender's
interest, from and against any and all claims, damages, losses and liabilities arising in connection
with the presence, use, disposal or transport of any Hazardous Materials on, under, from or about
the Property. TI-IE FOREGOING WARI~ANTIES AND REPRESENTATIONS, AND TRUSTOR'S
O[3LIGAl-IONS PURSUANT- TO 1-I-lE FOREGOING INDEMNITY, SI-TALL SURVIVE
RECONVEYANCE OF Tt-ITS DEED OF TRUST.
10. Assignment of Rents. Trustor hereby assigns to LencJer the rents, issues and profits of
the Property; provided chat Trustor shall, until the occurrence of an Event of Default hereunder, have
the right to collect and retain such rents, issues and profits as they become due and payable. Upon
the occurrence of an Event of Default, Lender may, either in person or by agent, with or without
brining any action or proceeding, or by a receiver appointed by a court and without regard to the
adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
own name or in the Warne of the Trustee, and do any acts which it deems necessary or desirable io
preserve the value, marketability or rentability of the Property, or any part thereof or interest therein,
increase the income therefrom or protect the security hereof and, with or without possession of the
Properly, sue for or otherwise collect the rents, issues and profits thereof, including those past due
anc.l unpaid, and apply the same, less costs and expenses of operation and collection including
attorneys' fees, upon any indebtedness secured hereby, all in such order as Lender may determine.
The entering upon and taking possession of the Property, the collection of such rents, issues and
profits arul the application thereof as aforesaid, shall not cure or waive any default or notice of
default hereunder or invalidate any act clone in response to such default or pursuant to such notice
of default ancJ, nolwithstancJing the continuance in possession of the Property or the collection,
receipt and application of rents, issues or profits, and Trustee and Lender shall be entitled to
exercise every right provided) for in any of the Loan Instruments or by law upon occurrence of any
Event of Default, including without limitation the right to exercise the power of sale. Further, Lender's
rights and remedies under this paragraph shall be cumulative wish, and in no way a limitation on,
Lender's rights ancJ remedies under any assignment of leases and rents recorded against the
Property. Lender, Trustee and the receiver shall be liable to account only for (hose rents actually
received.
~I 1. Events of Default. The following shall constitute an Event of Default under this Deed of
Trust:
a) Failure to pay any installment of principal or interest of any other sum secured hereby
when clue:
b) A breach of or default under any provision contained in the Note, ibis Deed of Trust, any
of the Loan Insh~uments, or any other lien or encumbrance upon the Property;
c) A writ of execution or attachment or any similar process shall be entered against Trustor
which shall become a lien on the Property or any portion thereof or interest herein;
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d) There shall be filed by or against Trustor or Borrower an action under any present or
future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other
relief for debtors; or there shall be appointed any trustee, receiver or liquidator of Trustor or Borrower
or of all or any part of the Property, or the rents, issues or profits thereof, or Trustor or Borrower shall
make any general assignment for the benefit of creditors;
e) The sale, transfer, lease, assignment, conveyance or further encumbrance of all or any
part of or any interest in tl~e Property, either voluntarily or involuntarily, without the express written
consent of Lender; provided that Trustor shall be permitted to execute a lease of the Property that
does not contain an option to purchase and the term of which does not exceed one year;
f) Abandonment of the Property; or
g) If Trustor is not an individual, the issuance, sale, transfer, assignment, conveyance or
encumbrance of more than a total of N/A percent of (if a corporation) its issued and
outstanding stock or (if a partnership} a total of PJ/A percent of partnership interests during
tt~e period this Ueed of Trust remains a lien ors the Property.
12. Remedies; Acceleration Upon Default. In the event of any Event of Default Lender
may, without notice except as required by law, declare all indebtedness secured hereby to be due
and payable and the same shall thereupon become due and payable without any presentment,
demand, protest or notice of any kind. Thereafter Lender may:
a) Demand that Trustee exercise the POWER OF SALE granted herein, and Trustee shall
thereafter cause Trustor's interest in the Property to be sold and the proceeds to be distributed, all in
the manner provided in the Nebraska Trust Deeds Act;
b) Exercise any and all rights provided for in any of the Loan Instruments or by law upon
occurrence of any Event of Default; and
c) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver,
or specifically enforce any of the covenants hereof.
No remedy herein conferred upon or reserved to Trustee or Lender is intended to be
exclusive of any ocher remedy herein, in the Loan Instruments or by law provided or permitted, but
each shall be cumulative, shall be in addition to every other remedy given hereunder, in the Loan
Instruments or now or hereafter existing at law or in equity or by statute, and may be exercised
concurrently, independently or successively.
13. Trustee. The Trustee may resign at any time without cause, and Lender may at any
time and without cause appoint a successor or substitute Trustee. Trustee shall not be liable to any
party, including without limitation Lender, Borrower, Trustor or any purchaser of the Property, for any
loss or damage unless due io reckless or willful misconduct, and strall not be required to take any
action in connection with itre enforcement of ibis Deed of -trust unless indemnified, in writing, for all
costs, compensation or expenses which may be associated therewith. In addition, Trustee may
become a purchaser at any sale of tl~e Property (judicial or under the power of sale granted herein);
postpone the sale of all or any portion of tl~e Property, as provided by law; or sell the Property as a
whole, or in separate parcels or lots at Trustee's discretion.
14. Fees and Expenses. In the event Trustee sells the Property by exercise of power of
sale. Trustee shall be entitled to apply any sale proceeds first to payment of all costs and expenses
of exercising power of sale, including all Trustee's fees, and Lender's and Trustee's attorney's fees,
actually incun-ed to extend permitted by applicable law. In the event Borrower or Trustor exercises
any right provided by law to cure an Event of Default, Lender shall be entitled io recover from Trustor
all costs and expenses actually incurred as a result of Trustor's default, including without limitations
all Trustee's and attorney's fees, to the extent permitted by applicable law.
15. Future Advances. Upon request of Borrower, Lender may, at its option, make
additional and future advances and readvances to Borrower. Such advances and readvances, with
interest (hereon, shall be secured by this Deed of Trust. At no time shall the principal amount of
indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of
this Deed of Trust, exceed the original principal amount stated herein, or X51, 636.94
whichever is greater.
16. Miscellaneous Previsions.
a) Borrower Not Released. Extension of the time for payment or modification of
amortization of the sums secured by this Deed of Trust granted by Lender to any successor in
interest of Borrower sf~all not operate to release, in any manner, the liability of the original Borrower
and Borrower's successors in interest. Lender shall not be required to commence proceedings
against such successor or refuse to extend tune for payment or otherwise modify amortization of the
sums secured by this Deed of Trust by reason of any demands made by the original Borrower and
Borrower's successors in interest.
b) Lender's Powers. Without affecting the liability of any ocher person liable for the
payment of any obligation herein mentioned, and without affecting the lien or charge of ibis Deed of
Trust upon any portion of the Property not then or theretofore released as a security for the full
amount of all unpaid obligations, Lender may, from time to time and wittrout notice, (i) release any
person so liable; (ii) extend the maturity or alter any of the terms of arty such obligations; (iii) grant
other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at
Lender's option any parcel, portion or all of the Property; (v) take or release any other or additional
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security for any obligation herein mentioned; or (vi) make compositions or other an-angements with
debtors in relation thereto.
c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any
right or remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or
I~reclude the exercise of, any such right or remedy. The procurement of insurance or the payment of
taxes or other liens. or changes by Lender shall not be a waiver of Lender's right to accelerate the
maturity of the indebtedness secured by ibis Deed of Trust.
d) Successors and Assigns Bound; Joint and Several Liability; Captions. The
covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the
respective successors and assigns of Lender and Trustor. All covenants and agreements of Trustor
shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for
convenience only and are not to be used to interpret or define the provisions herepf.
e) Request for N~t'ices °T,he ~'ar ~s;:'h'~,t~by~'equest that a copy of any notice of default
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hereunder and a copy of any no~t~~~af s;~;t4 Hereunder b~ mailed to each party to this Deed of Trust
at the aclclress set forth al5ovb' Iri.d•I~re t~riarAY~~r ~rdscrikied by applicable law. Except for any other
notice required under applicat~le law to be liven in another manner, any notice provided for in this
Deed of l-rcrst shall be given by mailing such notice by certified mail addressed to the other parties,
at the address set forth above. Any notice provided for in this Deed of Trust shall be. effective upon
mailing in the manner designated herein. If Trustor is more than one person, notice sent to the
aclclress set foilh above shall be notice to all such persons.
f) Inspection. tender may make, or cause to be made, reasonable entries upon and
inspections of the Property, provided that Lender shall give Trustor notice prior to any such
inspection specifying reasonable cause therefor related to Lender's interest in the Properly.
cd) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall
request -trustee to reconvey the Property and shall surrender ibis Deed of Trust and all noses
evidencing indebtedness securer) by this Deed of Trust to Trustee. Trustee shall reconvey the
Property without warranty and without charge to the person or persons legally entitled Thereto.
Trustor shall pay all costs of recorcJation, if any.
h) Personal Property; Security Agreement. As additional security for the payment of the
Note, Trustor hereby grants lender, under the Nebraska Uniform Commercial Code, a security
interest in all fixtures, equipment and ofher personal property used in connection with the real estate
or improvements locateca thereon and not otherwise declared or deemed to be a part of the real
estate seccuity hereby. l his instrr.rment shall be construed as a Security Agreement under said
Code, and the Lender strait have all lyre rights and remedies of a secured party under said Code in
addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of
Trust, provided ll~at Lender's rights and remedies under ibis paragraph shall be cumulative with, and
in no way a limitation on, Lender's rigkils and remedies under any ocher security agreement signed
by Borrower or Trustor.
i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no
defar.rlt under the provisions of any mortcgage, deed of trr_rst, lease or purchase contract describing all
or any part of the Properly, or ofher contract, instrr.rmeni or agreement constituting a lien or
encumbrance against all or any part of the Property (collectively, "Liens") existing as of the date of
this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to
Lender in Trrrstor's written disclosure of liens and encumbrances provided for herein. Trustor shall
timely perform all of Trustor's obligations, covenants, representation and warranties under any and
all existing and future Liens, and shall not without Lender's prior written consent in any manner
modify the provisions of or allow any future advances under any existing or future Liens.
j) Application of Payments. Unless otherwise required by law, sums paid to Lender
hereunder, including, without limitation, payments of principal and interest, insurance proceeds,
condemnation proceeds and rents and profits, shall be applied by Lender to the amounts due and
owing from Trustor and Borrower in such order as Lender in its sale discretion deems desirable.
I<) Severability. If any provision of Phis Deed of Trrrst conflicts with applicable law or is
declared invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other
provisions of this Deed of l-rust or the Note which can be given effect without the conflicting
provision, and to this end, the provisions of this Deed of Trust and the Note are declared to be
severable.
I) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and
when the Trustor and Borrower are the same person(s), those terms as used in this Deed of Trust
shall be interchangeable.
m) Governing Law. This Deed of Trust shall be governed by the laws of the State of
Nebraska.
Trustor has executed this Deed of Trust as of the dat. ritten b ve;
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-Trustor oel S. 6uhr
n
Trustor A e 1 a K, B
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STATE OF NEBRASKA)
(ss: I~
COUNTY OF -~I~ ~ ~ )
The forgoing Acknowled ment of Deed of Trust and Deed of Trust was acknowledged
before me this ,~~dayof ~~ /O :~C.C~`~3 by Joel S. Buhr and Angela K. Buhr
and were executed in the order set forth above.
BEliEilAl tgTMY - SEate of Nebraslra
~-r~-~ ~~.~ DIANE WILEY
-~ ~'` ~~// My harm ~ Nar. 25.2011
Notary Public
STATE OF NEBRASKA)
(ss:
COUNTY OF )
The forgoing Acknowledgement of Deed of Trust and Deed of Trust was acknowledged
before me this day of by of
a corporation, on behalf of the corporation, and
were executed in the order set forth above.
Notary Public
STATE OF NEBRASKA)
(ss:
COUNTY OF )
Tl~e forgoing Acknowledgement of Deed of Trust and Deed of Trust was acknowledged
before me this day of by a partner on
behalf of a partnership, and were executed in
the order set forth above
Notary Public
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EXHIBIT "A" ~ V ~ '~ O
LEGAL DESCI~TPTI~N
A tract of land located in the Wesl 1/2 of the NW 1/4
of Section 9, Township n North, flange 9 West of the
6t1~ Principal Meridian, Adams County, Nebraska, said tract
being more particularly described os follows:
BEGINNIf~G al the Saulhwesl Corner of the West 1/2
of the NW 1/4 of Sec.. 9, TBN, R9W of the 6th P.M.,
Adom$ County, Nebraska, running thence North 89'21'53"Eost
(assumed bearings) and along the South line of ,the. West 1/2
of the said NW 1 /4 of said Sec. 9 a distance of 1325.525
feet to the SE Corner of the Wesl 1/2 of the soid NW 1/4 of
soid Sec. 9; running thence North 00'03'02"West and along .
the East line of the said West 1/2 of the said NW 1/4 of said
Sec. 9 a distonce of 1011.95 feel; running thence North,
88'01'41"West o distance of 1327.03 feet to a point
located on the Wesi line of the said West 1/2 of the said
NW 1/4 of said Sec. 9; running thence South 00'06'05"Eask
and along the West line of the said West 1/2 of the soid NW 1/A
of said Sec. 9 a distance of 1072.32 feet, more or less, to the
POINT OF BEGINNING, said tract containing a calculated area of
31.722 Acres, more or less, of which the Westerly 33.00 feet
thereof, is presently being occupied by a Public Rood
Bight-of-Way Easement.
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