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CADAS - AO `~
ADAMS COUNTY. NE
FILED
INST. NO ~ "f 5
Date11~18..Ti '
~~~
REGISTER OF DEEDS
NOTICE OF DEFAULT OF DEED OF TRUST
TO: Whom It May Concern and
Randy A. Kothe
20965 West Oregon Trail Road
Holstein, NE 68950
Colleen B. Kothe
20965 West Oregon Trail Road
Holstein, NE 68950
Five Points Bank of Hastings, Trustee, for Five Points Bank of Hastings, Beneficiary of the
Deed of Trust described herein, hereby notifies you as follows:
This Notice is given in respect to a certain Deed of Trust dated April 1, 2004, and filed of
record Apri120, 2004, in the Office of the Register of Deeds of Adams County, Nebraska, as
Instrument No. 20042016, in which the Beneficiary is Five Points Bank of Hastings, 2815
Osborne Drive West, Hastings, NE 68901, and the Trustee is Five Points Bank of Hastings,
2815 Osborne Drive West, Hastings, NE 68901, and the Trustors are Randy A. Kothe and
Colleen B. Kothe, now at 20965 West Oregon Trail Road, Holstein, NE 68950.
2. The real estate secured by said Deed of Trust is the South Fifty Feet (S 50') of the North One
Hundred Forty-eight Feet (N 148') ofLot One (1), Grosse's Addition to the CityofHastings,
Adams County, Nebraska.
A breach of the obligation for which the Trust Property was conveyed as security has
occurred in the following respects:
a. The failure to timely pay principal and interest due pursuant to the following notes
secured by the Deed of Trust:
Promissory Note #010987 dated January 6, 2004, from Randy A. Kothe and
Kothe, Inc., in the original principal amount of $16,347.00.
ii. Promissory Note #11618 dated November 29, 2004, from Trustors, in the
original principal amount of $29,229.11.
iii. Promissory Note #12326 dated November 9, 2005, from Kothe, Inc., in the
original principal amount of $27,030.57.
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b. The failure to pay general real estate taxes for 2004, 2005 and 2006 in the principal
amount of $3,975.97, plus interest and charges from date of delinquency until paid.
4. The Beneficiary has elected to declare the entire unpaid principal balances, together with
interest thereon, at once due and payable and has notified the Trustee of its election to
foreclose the Deed of Trust by exercise of the Power of Sale contained therein to satisfy the
obligations, unless Trustors exercise their right to cure as explained in Paragraph 5 hereof.
5. Pursuant to Neb. Rev. Stat. §76-1006(3) (Reissue 2003), you are notified as follows:
a. You may cure the default which currently exists by paying to the Beneficiary, before
the expiration of one (1) month from the date this Notice is filed with the Register of
Deeds, the entire delinquent amounts then due under the Deed of Trust:
Note #010987 .............................................. $ 5,830.39
Note #11618 ................................................... 5,438.63
Note #12326 ............................................... 15,935.08
Total Principal and Interest Owing:...... $ 27,204.10; and
b. Paying delinquent real estate taxes totaling $3,975.97 plus interest and charges from
date of delinquency until paid by you.
6. Pursuant to Neb. Rev. Stat. §76-1001 et seq. (Reissue 2003) and the terms of the Deed of
Trust, the Trustee shall proceed to sell the secured property in the manner authorized by the
Deed of Trust and Nebraska law unless all of the events of default are cured in full within one
(1) month of the filing of this Notice.
DATED: January ~4l , 2008.
FIVE POINTS BANK OF HASTINGS, Trustee
gy ,iii ~
Georg W. Howard, Vice President
STATE OF NEBRASKA )
ss:
COUNTY OF ADAMS )
The foregoing instrument was acknowledged before me on January ~ ~, 2008, by George
W. Ho~ d, Vice President of Five Points Bank of Hast'~ s;~Nebraska ~ orporation, on behalf of
the Co oration. 1 l 1
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