2023-10-30 Andress Ryan & Tracy- DeedWASHINGTON COUNTY NEBRASKA
Filed for record on October 30, 2023 at 08:50 AM
Instrument No. 2023-02724
(3 P ges)
,ZdCarolyn M Stodo a, Register of Deeds
NEBRASKA DOCUMENTARY
STAMP TAX
Oct 30, 2023
Exempt-2 By: BA
Recorded —
General --
Numerical
Photostat ✓�
Proofed
Scanned
WARRANTY DEED —INDIVIDUAL (page 1)
PROJECT: Hollow Road TRACT: 1
KNOW ALL MEN BY THESE PRESENTS:
THAT: Ryan M. Andress and Tracy L. Andress, a married couple, as joint tenants with rights of
<,�urvivorship, hereinafter, known as the Grantor, whether one or more, for and in consideration of
the sum of Seven thousand sixty and 00/100 dollars-($7,060.00) in hand paid does hereby
grant, bargain, sell, convey and confirm unto City of Blair, Nebraska, the following described real
property situated in Washington County, and State of Nebraska, to -wit;
See attached Exhibit "A" Land Acquisition Legal Description
TO HAVE AND TO HOLD said real property, hereby known to include real estate together with all
Tenements, Hereditaments and Appurtenances thereunto belonging, unto CITY OF BLAIR, A
NEBRASKA MUNICIPAL CORPORATION, and to its successors and assigns forever.
Said Grantor does hereby covenant with CITY OF BLAIR, A NEBRASKA MUNICIPAL
CORPORATION, and with its successors and assigns; that said Grantor is lawfully seized of said
real property; that said real property is free from encumbrance; that said Grantor is duly authorized
to sell said real property; that said Grantor warrants and will defend that title to said real property
against the lawful claims of all persons, whomsoever.
PROJECT: Hollow Road
Gam., 4l p 11
WARRANTY DEED — (page 2)
TRACT: 1
Duly executed this day of ( �� ` 2023.
Trac
Ryan M. Andress y L. Andress
STATE OF NEBRASKA )
) ss.
COUNTY WASHINGTON )
On this L�" day of �� A.D., 2023, before me, a General
Notary Public, duly commissioned and qualified, personally came
Ryan M. Andress and Tracy L. Andress
to me known the identical person or persons who signed the foregoing instrument as Grantor(s)
and acknowledged the execution thereof to be his, her or their voluntary act and deed.
WITNESS my hand and notarial seal the da nd y ar last a - ve written
Notary Public.
My commission expires the day of , 20 —
GENEt?AL NOTARY - State of Nebraska
TOM L. LUNf�
' My Comm, Exp, July 30, 2024
2023-02724
TAX LOT 56 ROW AQUISITION
RYAN M & TRACY L ANDRES S
3/4" OPEN TOP PIPE
NW COR, NE1/4, SW1/4
SEC. 14-T 18N-R 11 E
TAX LOT TAX LOT
56 242
WEST LINE OF TAX LOT 56 AND
WEST LINE OF NE1/4 SW1/4 SEC. 14-18-11
S89°33'28"E 518" REBAR
239.87'(M)
os
w _ it
N o N o
O
O M O M
Z m M
N89°33'26"W
239.B7'(M) 240.00'(R)
5/8" REBAR
5/8" REBAR W/1-1/4" YPC 112" IW13AR
"SURVEY MARKER LS 760"
SE CC. 1 -TI/4 SW 1/4
SW COR. NEl/4 SW 1/4
I— — SE418N-R11E
SEC.
SOUTH LINE OF TAX LOT 56 AND
SOUTH LINE OF NE1/4 SW1/4 SEC. 14-18-11
VICINITY SKETCH
WASHINGTON COUNTY
NEBRASKA
R11E
LEGEND LEGAL DESCRIPTION:
MUNUME917 FOUND
MONUML'Nr SET THE SOUTH 33.00 FEET OF TAX LOT 56, LOCATED IN THE
CALCULATED POINT
M CALCU AITI)ED P'OINT i NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
R RECORD DISTANCE GRAPHIC SCALE G SWI/41SEC 14 SECTION 14 TOWNSHIP 18 NORTH, RANGE 11 EAST, OF THE
®ACQUISrrIONnRI:n II lit) 0 I 6TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA,
~' { CONTAINING 0.18 ACRES, MORE OR LESS,
NOTE: ALL BEARINGS ARE ASSUMED.
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CITY OF BLAIR, NEBRASKA
LOCAL POLITICAL SUBDIVISION
ACQUISITION CONTRACT
(REVISED)
Project: Hollow Road
Tract No.: 1
THIS CONTRACT, made and entered into this day of C) L 2023, by and between,
Ryan M. Andress and Tracy L. Andress, hereinafter called the OWNER, and City of Blair, a Nebraska
municipal corporation, hereinafter called the BUYER.
WITNESSETH: In consideration of the payment or payments as specified below, the OWNER
hereby agrees to execute to the BUYER, a deed which will be prepared and furnished by the BUYER, to
certain real estate described in Exhibit "A" ROW Land Acquisition Legal Description.
See Attached Exhibit "A" Land Acquisition Legal Description.
The BUYER agrees to purchase the above described Land Acquisition and to pay, therefore, upon
the delivery of said executed Deed. If the OWNER so desires, they shall have the right to receive 100% of
the final payments due under this contract prior to vacating the premises being acquired.
7,841 s/f x $0.90 s/f = $7,057.00 rd. to
Landscape Damages: 5.00
See Attached Landscape Estimate No. 818 $883--
$ 7,060.00
TOTAL 15
It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the
premises described above.
caused by the establishment and construction of the
The above payments shall cover all damages
above project except for CROP DAMAGE, if any, which will be paid for in an amount based on the yield
from the balance of the field less expenses of marketing and harvesting. CROP DAMAGE shall mean
damage to such crops as are required to be planted annually and which were planted at the time of the
signing of this contract and which are actually damaged due to construction of this project, but in no case
shall damages be paid for more than one year's crop. The OWNER agrees to make a reasonable
attempt to harvest any crop so as to mitigate the crop damage.
If any other party shall hold any encumbrance against the aforementioned property at the time of
delivery of the aforementioned property, such payments as are due under this contract shall be made to
the OWNER jointly with the party or parties holding such encumbrance, unless said party or parties
holding such encumbrance shall have in writing waived their right to receive such payment.
Expenses for partial release of mortgages will be paid by the BUYER, if required.
This contract shall be binding on both parties as soon as it is executed by both parties, but should
none of the above real estate be required, this contract shall terminate upon the payment of $10.00 by the
BUYER to the OWNER.
This contract may be executed in more than one copy, each copy of which, however, shall serve as
an original for all purposes, but all copies shall constitute but one and the same contract.
REMARKS
THIS IS A LEGAL AND BINDING CONTRACT - READ IT.
The representative of the BUYER, in presenting this contract has given me a copy and explained all its provisions. A complete
understanding and explanation has been given of the terminology, phrases, and statements contained in this contract. It is
understood that no promises, verbal agreements or understanding, except as set forth in this contract, will be honored by the
BUYER
Dated this day of—.....0...5/!_t..................................... 2023
Y _..
On the above date, before me a General Notary Public duly commissioned and
qualified, personally came
..........._..,/ .G_I_�_ ... ....k........_�u_m....._%.... 02
Nameand_Titled........ ...._......... ..._._-- — ........ _._........_........._._._......._............_.__.
On_behalf_of_the. Gty_ of_Blair,_Nebraska._.......... .........._......._._._.......__._—_......................._..._..............___
to me known to be the identical person ........... -whose name ._- ... _............... affixed
to the foregoing instrument as grantor ................ and acknowledged the same to
be a voluntary act and deed.
WITNESS my hand and Notarial Seal the dray and year above written.
Notary / I . _. _ . _.
STATE OF Nebraska
ss.
Washington ................. County
......... _... _......................... ..........._._._..._..._.........
GENERAL. NOTARY - State of Nebraska
BRENDA R WhIEGLER
Nly Comm, Exp. June 20, 2oM
Date
.t f � ... , 20 23
Dated this ...._....... day of --.._ : <.........._......... -- .
On the above date, before me a General Notary Public duly commissioned and
qualified, personally came
B.v.an...M...And r..ess._and...Tra.av_L -Andress.................... ..._.._..-...._......... ...........
........___.._.....
to me known to be the identical person.-` whose name ...... .__., affixed
to the foregoing instrument as grantor > and acknowledged the same to
be a voluntary act and deed.
WITNESS my hand -end Notarial Sli
the day And year awritte n.
Notary coo .... `. .. i `--- ...............
.. ................ ....__._...
STATE OF Nebraska
ss.
Washington -....................... _.. County
GENERAL NOTARY - State of Nebraska
TOM L. LUND
'� My Comm, Exp. July 30, 2024
TAX LOT 56 ROW AQUISITION
RYAN M & TRACY L ANDRESS
3/4" OPEN TOP PIPE
NW COR, NEI/4,SW1/4
SEC.14-T1RN-RIIF
TAX LOT
56
WEST LINE OF TAX LOT 56 AND
1 WEST LINE OF NEI/4 SWI/4 SEC. 14-18-11
S89°33'28"E
239.87'(M)
239.87'(M) 240.00'(R)
5/8" REBAR W/I-1/4" YPC
"SURVEY MARKER LS 760"
S\N COR. NEI/4 SWIM
-- SEC. 14-11 SN-RI IF SOUTH LINE OF TAX LOT 56 AND
SOUTH LINE OF NE1/4 SW1/4 SEC. 14.18-11
_VICINITY SKETCH
WASHINGTON COUNTY
NEBRASKA
RIIE
LEGEND
MONUMIN r POl1ND
I
MONUMI:N1'SIi1'
mvul ae n+
CALCULATED VOIN I
m 1
M WASUREDDIS'I'ANCI?
— — —
u RdcoR)DISIANC11 GRAPHIC SCALE
SWI/41SEC 14
®ACQUISHION AIWA
u I�1'
NOTE, ALL BEARINGS ARE ASSUMED.
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TAX LOT
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518" REBAR
j N �
N O
O
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5/8" REBAR
1/2" REBAR
SF COR. NEI/4 SW I/4
SEC,14-T18N-RITE
LLGAL DESCRIPTION:
THE SOUTH 33.00 FEET OF TAX LOT 56, LOCATED IN THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 14 TOWNSHIP 18 NORTH, RANGE 11 EAST, OF THE
6TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA,
CONTAINING 0.18 ACRES, MORE OR LESS.
® NEGOTIATION
CALL
REPORT
❑ RELOCATION ASSISTANCE
AMOUNT SALVAGE
COUNTER
PERSONS PRESENT ON
VISIT
NO.
CALL DATE
OFFERED OFFERED
OFFER
09/06/23
$7,060.00 none
none
Ryan Andress
1
"
2
09/27/23
$15,895.00
"
3
10/5/23
11
REPORT OF DISCUSSION:
09/06/23
Ryan Andress called me and told me the offer for the land was fair and he and his wife would sign the ROW
documents. I told Ryan that there is landscape damages on his property and that he would be receiving a revised offer
and revised ROW Acquisition documents in the mail the next week or so. He said that would be fine and would get
back with me when he reviews the revised documents. This ended our telephone conversation.
09127/23
Ryan Andress called me and said he was fine with the revised offer with the landscape damages and he and his wife
would sign the the necessary ROW documents. This ended our telephone conversation.
10/05/23
I met with Ryan and Tracy Andress at their home. They signed the ROW documents. I thanked them for their time an
left.
PROJECT NUMBER:
Hollow Road
AGENT: (Signature)
TYPED NAME OF AGENT:
TOM LUND
TRACT NUMBER: PROPERTY TENANT:
� None
DATE: PROPERTY OWNER:
Ryan and Tracy Andress
AP-12
:................................. ................................................................................................................
roR orr►c� us>,onlL�:.............................................
........... ...................................................... ............................ ...................................... I............
........................... ...........i.............................Blair, NE Hollow Road)...........................;
Pro ect ►
TractNo:i....i.........................................................................................................:
i.................................... i....................................................................................................
...
REVISED STATEMENT OF OFFER
The City of Blair, Nebraska, in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policy
Act of 1970, requires that the Right of Way consultant, Torn Lund, oil behalf of the City 0 Blair, Nebraska, upon his first
visit of negotiating, provide the owner(s) of real property, Ryan M. Andress and Tracy L. Andress, husband and wife,
with this written statement of offer made to acquire the property rights as outlined below.
This offer will be made in the amount not less than the appraised fair market value of the property involved and will include
a summary of the basis for the amount established as just compensation for:
Land Acquisition:
Tract 1 7,841 sfx $ 0.90 sf = $7,057.00 rd.to
$ 7,060.00
Landscape Damages: See Attached Landscape Estimate No. 818
$ 8,835.00
AMOUNT OFFERED = $ 15,8— 95.00
This offer is being made on �.�
J , 2023, and the total amount of this offer
is $$ 15,895.00
This written statement represents the City's offer made in an amount not less than the appraised valuation of the property.
1
'1rmn�
ToLind, Right of Way consultant on behalf of the Cite of Blair
Neds Horticulture & Landscapes LLC
8437 Hanover St,
Omaha, NE 68122
NAME/ADDRESS
Tom Lund
Estimate
DATE
ESTIMATE NO.
9/9/2023
818
PROJECT
DESCRIPTION
QTY
COST
TOTAL
0.00
Hollow Road, City of Blair
0.00
Tract 1, 2460 Hollow road
1
59.50
59.50T
Material: One Lilac shrub, 5 gallon
10
49.30
493.00T
Material: Ten Privit shrubs, 5 gallon
1
552.50
552.50T
Material: One T-8' Spruce tree
750.00
750.00T
Labor: Landscape Installation of above material
3
2,133.00
6,399.00T
Material and Labor: Three 16' Spruce trees and mulch
7.00%
577.78
Sales Tax
TOTAL $8,831.78
August 8, 2023
Ryan M. Andress and Tracy L, Andress
2460 Hollow Road
Blair, NE 68008
RE: Project: Blair (Follow Road)
Tract: 1
Dear Ryan M. Andress and Tracy L. Andress:
The City of Blair, Nebraska is proposing to obtain a land acquisition fl-om your property for the Hollow Road
improvement project. The enclosed tract drawings with attached legal descriptions (Exhibit "A") indicates the areas
of ineed specific to your property for this project.
Enclosed for your review and subsequent signatures are copies of the statement of offer, appraisal, W-9, information
letler, NDOT ROW brochure and applicable right-of-way documents which pertains to your property.
At your earliest convenience, please contact me using the manner you feel most comfortable to discuss the
associated documents and project. My contact information is:
Tom Lund
402-871-7124
tlund3 l 1 @yahoo.com
Thank you for your cooperation in this matter and l look forward to speaking with you soon.
Sincerely,
Tom Lund �>
On behalf of the City of Blair
Enclosure
........................... .................................................................................................. I .......... ............
17OR OFFICE USE ONLI'
..................<.........................................................................................................
............................Blair, NE.(HolIm Road)
...........................:
i...............rract No•:.. `..................................... .,...................................................................
............... .i....................................... ................ ....................... ........,...........
.......i
STATEMENT OF OFFER
The City of Blair, Nebraska, in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policy
Act of 1970, requires that the Right of Way consultant, Tort Lund, on behalf of the City oi'Blair, Nebraska, upon his first
visit of negotiating, provide the owner(s) of real property, Ryan M. Andress and Tracy L. Andress, husband and wife,
with this written statement of offer made to acquire the property rights as outlined below.
This offer will be made in the amount not less than the appraised fair market value of the property involved and will include
a summary of the basis for the amount established as just compensation for:
Land Acquisition:
Tract 1 7,841 sffx S 0.90 sf = $7,057.00 rd.to
AMOUNT OFFERED =
$ 7,060.00
$ 7,060.00
This offer is being made on 2023, and the total amount of this offer
is $ 7,060.00
This written statement represents the City's offer made in an amount not less than the appraised valuation of the property,
J Cm
Tom Linul, Righ! of [Vgjy consnllunl on behalf of the 01.)� of Blair
CITY OF BLAIR, NEBRASKA
LOCAL POLITICAL SUBDIVISION
ACQUISITION CONTRACT
Project: Hollow Road
Tract No.: 1
THIS CONTRACT, made and entered into this day of
Ryan M. Andress and Tracy L. Andress, hereinafter called the OWNER,
municipal corporation, hereinafter called the BUYER.
2023, by and between,
and City of Blair, a Nebraska
WITNESSETH: In consideration of the payment or payments as specified below, the OWNER
hereby agrees to execute to the BUYER, a deed which will be prepared and furnished by the BUYER, to
certain real estate described in Exhibit "A" ROW Land Acquisition Legal Description.
See Attached Exhibit "A" Land Acquisition Legal Description. . t
The BUYER agrees to purchase the above described Land Acquisition and to pay, therefore, upon
the delivery of said executed Deed. If the OWNER so desires, they shall have the right to receive 100% of
the final payments due under this contract prior to vacating the premises being acquired.
7,841 s/f x $0.90 s/f = $7,057.00 rd. to
TOTAL
$ 7,060.00
It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the
premises described above.
The above payments shall cover all damages caused by the establishment and construction of the
above project except for CROP DAMAGE, if any, which will be paid for in an amount based on the yield
from the balance of the field less expenses of marketing and harvesting. CROP DAMAGE shall mean
damage to such crops as are required to be planted annually and which were planted at the time of the
signing of this contract and which are actually damaged due to construction of this project, but in no case
shall damages be paid for more than one year's crop. The OWNER agrees to make a reasonable
attempt to harvest any crop so as to mitigate the crop damage.
If any other party shall hold any encumbrance against the aforementioned property at the time of
delivery of the aforementioned property, such payments as are due under this contract shall be made to
the OWNER jointly with the party or parties holding such encumbrance, unless said party or parties
holding such encumbrance shall have in writing waived their right to receive such payment.
Expenses for partial release of mortgages will be paid by the BUYER, if required.
This contract shall be binding on both parties as soon as it is executed by both parties, but should
none of the above real estate be required, this contract shall terminate upon the payment of $10.00 by the
BUYER to the OWNER.
This contract may be executed in more than one copy, each copy of which, however, shall serve as
an original for all purposes, but all copies shall constitute but one and the same contract.
REMARKS
THIS IS A LEGAL AND BINDING CONTRACT - READ IT.
The representative of the BUYER, in presenting this contract has given me a copy and explained all its provisions. A complete
understanding and explanation has been given of the terminology, phrases, and statements contained in this contract. It is
understood that no promises, verbal agreements or understanding, except as set forth in this contract, will be honored by the
BUYER.
BUYER
City of Blair, Nebraska
By
(Name/Title)
Date
Dated this day of 20 23
On the above date, before me a General Notary Public duly commissioned and
qualified, personally came
(Name and Title) .......,. _....... _....... __.......,
On behalf of the City of Blair, Nebraska
to me known to be the identical person whose name affixed
to the foregoing instrument as grantor and acknowledged the same to
be a voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year above written.
Notary
STATE OF Nebraska
ss.
Washington County
OWNER
Ryan M. Andress and Tracy L. Andress
BY ._
Date
Dated this day of 20 23
On the above dale, before me a General Notary Public duly commissioned and
qualified, personally came
Rvan M. Andress and Tracv. L..Andress
to me known to be the identical person whose name affixed
to the foregoing instrument as grantor ...,,.,, and acknowledged the same to
be a voluntary act and deed,
WITNESS my hand and Notarial Seal the day and year above written.
Notary
STATE OF Nebraska
ss,
Washington County
Project: Blair, NE (Hollow Road)
Tract No. 1
Dear Ryan M. Andress and Tracy L. Andress.:
This letter contains information about our proposed partial acquisition from your property.
Our offer contained in the contracts you have received is based on a reviewed estimate
of just compensation that we believe reflects the fair market value of your property.
The legal title we need is:
Land Acquisition
The improvements we are purchasing from you are:
None
The improvements we are purchasing that are owned by someone else are:
None
You will not be paid for these improvements because someone else owns them.
We will pay reasonable, necessary costs for the following:
a. Recording fees, transfer taxes, documentary stamps, evidence of title, boundary
surveys, legal descriptions, and similar expenses incidental to selling us your
land.
b. Penalty costs and other charges for prepayment of preexisting recorded
mortgages.
c. Pro rata share of real estate taxes allocable to the period after we purchase
your land.
In most cases, we will pay these costs directly so that you don't have out-of-pocket
expenses.
You are also eligible for certain expenses if a court decides that we cannot condemn your
property, if we abandon a condemnation'of your property, or if'you are successful in an
inverse condemnation action.
You may appeal our decision of your eligibility for the amount of the previously described
payments. Your written appeal must be filed with us within 60 days after we have given
you written notice of our original decision. If you are still not satisfied after our review of
your appeal, you may seek judicial review of our final decision.
Sincerely,
To� Lund
Right of Way consultant on behalf of City of Blair, Nebraska.
AP-10
CITY OF BLAIR, NEBRASKA
Just Compensation Determination
Project: Blair, NE, Hollow Road
Tract No.: I
Property Owner: Ryan and Tracy Andress
Having reviewed all of the pertinent facts and Information available, my determination is that
$7,060.00 is Just Compensation for this tract, The City's minimum Just Compensation for this
tract is not less than $7,060.00, This amount is not less than the approved appraisal of the fair
market value of the property,
I have no direct or indirect, present or contemplated future personal interest in this
determination, nor will I derive any benefit from this determination.
I'l 1 Z-3 - A -A -.A,- id -A----- — Lti
Date Name/title of City of Blair, NE
CERTIFICATE OF NEGOTIATOR
Project No, Blair, NE Hollow Road
Tract No. 1
Property Owner; Ryan M. and Tracy L
Andress
I, Tom Lund, Agent, being duly sworn, deposes and says:
That I have no direct or indirect present or contemplated future personal interest in the parcel or
in any benefit from the acquisition of the parcel.
That I understand the parcel is to be secured for use in connection with a Federal -Aid Highway
project.
That any agreements reached were reached without coercion, promises other than those
shown in the agreements, or threats of any kind whatsoever by or to either party.
That the written agreements secured embodies all of the considerations agreed upon.
Negotiator
� ■
APPRAISAL REPORT
FOR
CITY OF
BLAIR, NEBRASKA
RE:
HOLLOW ROAD PROJECT
RYAN AND TRACY ANDRE,SS
2460 IIOLLOW ROAD
BLAIR, NEBRASKA.
Iwo
RUSS NELSEN
NELSEN APPRAISAL SERVICES, INC
710 South 19`' Street
Blair, NE 68009
SUMMARY OF SALIENT FACTS
Property
Sire
Location
Date of Appraisal
Property Rights
Improvements
Estimate of Value of Taking
TAX LOT 56
Total Lot Size — 5 Acres (217,800 SF)
'faking — .18 Acres (7,841 SF)
2460 Hollow Road, Blair, Nebraska
January 8, 2023
Fee Simple
One -Story House and Outbuilding
$7,057
I I PagE
EFFECTIVE DATE OF THE APPRAISAL
The effective date of this appraisal is January 8, 2023.
DATE OF INSPECTION
The date of inspection is January 8, 2023,
PURPOSE OF APPRAISAL
The purpose of this appraisal is to establish an accurate and defensible market value of the part
being taken. This estimate will be of fee simple title of the subject property. This appraisal is of the
part taken only. Per client instruction, an appraisal of the entire property was not made.
PROPERTY RIGHTS APPRAISED
The property rights appraised are the fee simple title to the land and improvements which
comprise the subject property.
DEFINITION OF FEE SIMPLE
An absolute fee; a fee without limitations to any particular class of heirs or restrictions, but
subject to the limitations of eminent domain, escheat, police power, and taxation. An inheritable
estate.
Source: Byrl N. Boyce, Real Estate Appraisal 'Terminology - Revised Edition (Ballinger Publishing
Company, Cambridge, Massachusetts, First Printing 1981), p. 102.
2 1 Pace
IMPROVEMENTS
The lot that includes a partial taking includes a one-story house and outbuilding,
LEVEL OF INSPECTION
This appraiser inspected the subject lot and the comparable sales. No inspection was made
of the improvements on the lot, I met with the lot owner on January 10, 2023, per phone,
SUBJECT LOT
The subject has a total of 5 Acres and is a corner lot that is nearly street level,
PROPOSED TAKING
The proposed taking is a 33' wide strip of land adjacent to the north side of Hollow Road
Which includes the entrance to the lot and contains .18 acres or 7,841 SF.
ESTIMATED VALUE OF TAKING
The following sales taken from the master report are used to establish the estimated value of
the taking.
Sale #2
Size
24,887 SF
Price/SF
$3.21/SF
Sale #4
Size
14,736 SF
Price/SF
$3.06/SF
Sale 115
Size
38,346 SF
Price/SF
$2.00/SF
Sale 116
Size
45,738 SF
Price/SF
$2.07/SF
3 P a e
The foregoing comparable sales range it, size from a low of 14,736 SF to a high of 45,738
SF with an arithmetic average of 30,927 SF.
They also range in price per square foot from a low of $2,00/SF to a high of $3,21/SF with
an arithmetic average of $2,59/SK
Placing most weight on comparable sales #5 and 116, the subject has a called value of
$.90/SF.
Value of SubJect Taking; 7,841 SF @�, $.90/SF = $7,057
Value Called $7,057
Damage to remainder called = $0
Total Value of Taking = $7,057
Russ Nelsen,
Certified Appraiser
Nelsen Appraisal Services, Inc.
P a g e
� f i
12/7/2022
Parcelill):890040705
Map Number
890040705
State Geo Code
2371-14-0-02371-000-0705
Cadastral it
4TL56
piloto p1loto o 3 Photo /14 Sketch
e
Imams
Current Owner:
ANDRESS, RYAN M & TRACY L
2460 HOLLOW RD
BLAIR, NE 68008
Situs Address:
2460 HOLLOW RD BLAIR
Tax District:
208
School District:
BLAIR SCHOOL 1, 89-0001
Account Type_:
Residential
Legal Descri ttiim.
14 18 11 BC TL 56 14-18-11 114 PC 56
Lot Width:
N/A
Lot Depth:
N/A
Total Lot Size:
5.00 acres
Year
Total
Land
Outbuilding
Dwellina
2022
$213,360
$60,660
$10,925
$141,775
2021
$202,575
$60,660
$10,925
$130,990
all•
Year Amount Levy
2022 $3,934,94 1.950857
Description
CO HIST SOCIETY
JAIL BOND FUND
BLAIR CITY
ESU 3
METRO TECH
BLAIR SCHOOL 1
NRD
COUNTY GENERAL
COUNTY AG
BLAIR SCHOOL 'l BOND
BLAIR AIRPORT
PUBLIC SAFETY COMMUN
Sale Date Sale Price Book & Page GGranto
02/16/2018 $225,000.00 2018 / 477 DUKE, KATHY R
Rate
0,00279100
0,01780300
0.33748300
0.01600000
0.09500000
0,99000000
0,03475800
0,33479100
0,00355400
0.08759100
0.02858800
0,00349800
1 890040705
12/7/2022
Status: Improved
Prosy Class: Residential
,Zoning: N/A
Lot Width (ft) Lot Depth (ft)
0.00 0.00
Z0111110: N/A
Year Built: 1900
Exterion '100% Frame, Siding, Vinyl
Bedrooms: 2
Plumbing Fixtures: 6
Basement Size: 0 sq. ft
Building Size: 1,316 sq. ft
Quality: Fair +
Description
CONCRETE DRIVE
WOOD DECK
Raised Slab Porch with Roof
WOOD DECK
Description
OLD BLDG COST —RA
UTIL STORAGE —SHE
OPEN POLE, N0FL
OPEN POLE, NO —FL
LEAN TO ON —NEWER
Location: Urban
City Size: 5,001-12,000
Lot Size: 5.00-9.99 ac.
Description Lot Size
5.00 acres
Condition:
Good - Very Good
Style;
100% One Story
Bathrooms:
1.00
Heat!nglCooling_
100% Warmed & Cooled Ali -
Min Finish:
0 sq. ft
Part Finish:
0 sq. ft
Game e :
Detached Garage(SF)
Garage 1 Size:
720 sq. ft
Units
Value
320
$2,045
168
$3,605
144
$4,720
364
$5,325
Units Year Built
Cost
704
$705
384
$1,230
704
$3,275
1,156
$4,210
340
$1 ,505
2
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TAX LOT 56 ROW AQUISITION Z61 �O
RYAN M & TRACY L ANDRESS 01011e
3/4" OPEN TOP PIPE
NW COR. NEI/4, SW I/4
18N-11I I E
1 TAX LOT TAX LOT
WEST LINE OF TAX LOT 50 AND 56 2,12
I WEST LINE OF NE1/4 SWIM SEC, 14-10.11
SOD'33'20"E
230,07'(M)
23D.07'(M) 24b.00'(R)
5/8" REDA12 W/I-Ihl" YPC
"SURVEY MARKER LS 760"
SW COR. NEI/4 SW 1/4
SEC, 14-THIN-R 11E SOUTH LINE OF TAX LOT ba AND
SOUTI I LINE OF NE1/4 SWIM SEC.14.10-11
VICINITY SKI:'I'CI I
WASHINOTO?I COUNT)'
NEBRASKA
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LIMAL DMIZIPTION;
THE SOUI'11 33.00 FELT OF TAX LOT 66, LOCATED IN THE
NORIFIEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 14 TOWNSHIP 10 NORTH, MANGE 11 EAST, 01: THE
OTI I PRINCIPAL MERIDIAN, WASI IINOTON COUNTY, NEBRASKA.
CONTAINING 0.10 ACRES, MORE OR LESS,
P.\9�CC,1tywI691.0),Cd/CI d,Y 110" lRwC RN149L0etMaA'NMV001G01.f0 CC, INAIt"Ay.CII Ill' WO?0301W.
8 of 14, 12/6/2022, 3:00 PM
TL 56
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■■
1904 South St., Ste 105,
Blair, NE 68008
Title Office 402-426-4844
Closing Office 402-426-9191
Fax 4024264811
www.blairtitle.com
TITLE CERTIFICATE
Tax Parcel ID #890040705
Blair Title File #23382
We, Blair Abstract & Title Company, doing business as Blair Title, duly registered under the laws of the
State of Nebraska to engage in the business of abstracting in said State do hereby certify that we have .
carefully examined the records of Washington County with reference to the following described real
estate, to -wit:
SEE EXIIIBIT "A" attached hereto and by this reference made a part hereof.
TITLE VESTED IN:
Ryan M. Andress and Tracy L. Andress, a married couple, as joint tenants with rights of
survivorship. (Instrument No. 2018-00477)
PROPERTY ADDRESS AS SHOWN ON ASSESSOR'S ROLLS:
2460 Hollow Road, Blair, NE 68008
PROPERTY OWNERS MAILING ADDRES AS SHOWN ON ASSESSOR'S ROLLS:
2460 Hollow Road, Blair, NE 68008
MORTGAGES AND/OR DEEDS OF TRUST
(Pursuant to Nebraska Title Standard No. 1 A and Nebr. Rev, Stat. §25-202 and §76-239):
DEED OF TRUST dated February 16, 2018, recorded February 20, 2018 at Instrument No. 2018-
00478, given by Ryan M. Andress and Tracy L. Andress, husband and, wife, as Truster, given to
Centris Federal Credit Union, as Trustee and Beneficiary, securing the principal sum of
$202,500,00.
FINANCING STATEMENTS/FIXTURE LIENS
(Those filed in the Office of the Register of Deeds and indexed against subject property are: NONE
REAL ESTATE TAXES:
Parcel No.: 890040705
2022 taxes in the amount of $4,162.36 show a tax credit of $227.42;
The balance of $3,934,94 became due December 31, 2022;
1" half and all prior taxes shown paid;
2nd half will become delinquent September 1, 2023.
SPECIAL. ASSESSMENTS: NONE
STATE TAX LIENS: NONE
FEDERAL TAX LIENS: NONE
JUDGMENTS: (Those filed in Washington County District Court): NONE
PENDING CASES: (Those filed in Washington County District Court): NONE
PROBATE PROCEEDINGS: NONE
Tax Parcel XD #890040705
Blair Title Tile #23382
Andress
EASEMENTS, RESERVATIONS & RESTRICTIONS:
SEE EXHIBIT "B" attached hereto and by this reference made a part hereof.
DATED: August 1, 2023 at 8:00 AM
BLAIR VTLE
& ` E COMPANY
DBA BLAIR
By: KELLY J. LAWSON
Registered Abstracter #777
Certificate of Authority 943
NOTICE:
This Certificate is not an abstract of title in that it is not a complete compilation of all facts of record
relative to the property.
This Certificate is not an opinion on the title nor is it a commitment to issue title insurance nor -is this a
policy of title insurance.
Tag Parcel ID #890040705
Blair Title File #23382
Andress
EXHIBIT "A"
LEGAL DESCRIPTION
Tax Lot 56 in Section 14, Township 18 North, Range 11 l;ast of the 6 h P.M., in the City of Blair, Washington
County, Nebraska
Tax Parcel ID #890040705
Blair Title File #23382
Andress
EXHIBIT "B"
EASEMENT'S, RESERVATIONS AND RESTRICTIONS
CITY OF BLAIR ZONING REGULATIONS including but not limited to those recorded:
October 13, 1972 in Deed Book 71, Page 467;
January 8, 1982 in Record Book 134, Page 496
AND ANY AND ALL AMENDMENTS THERETO
WASHTNGTON COUNTY, STATE OF NEBRASKA,
Instrument Number 2018-00477
ht ^emw Ct- bra►
REGISTER OF DEEDS
Recorded
General
Numerical
Photostat
Proofed
Scanned
Return to:
Nebraska Land Title & Abstract
15950 W. Dodge Rd., Suite 350
Omaha, NE 68118
NEBRASKA DOCUMENTARY
STAMP TAX
Date: 02 /20/1 8
$ 506,25 CS
WARRANTY DEED
FILED
2018 Feb-20 AM 08:50
KAREN A, MADSEN
WASHINGTON COUNTY
REGISTER OF DEEDS
BLAIR, NE
Kathy R. Duke -Jacobsen f/k/a Kathy R. Duke and Robert A. Jacobsen, Jr., wife and husband
("Grantor"),
in consideration of One Dollar and other valuable consideration received from Grantee, do convey unto
Ryan M. Andress and Tracy L. Andress, a married couple, as joint tenants with rights of
survivorship, ("Grantee")
the real estate (as defined In Neb. Rev. Stat. 76-201) described as follows:
Tax Lot 56 in Section 14, Township 18, Range 11, East of the 6th P.M., Washington County, Nebraska,
subject to County Road right of way.
To have and to hold the Premises, together with all tenements, hereditaments and appurtenances thereto,
herein granted unto the Grantee and to Grantee's successors and assigns forever.
GRANTOR covenants Qointly and severally, if more than one) with GRANTEE as follows:
e from
rances, subject however, to any
1 Grantor is lawfully Seized of said Premises and It restrictions, reservations, covenants, easements land eagrements of b record and subject to all regular
taxes and special assessments;
2, Grantor has legal power and lawful authority to convey the same; and
3. Grantor warrants and will defend the tide to said Premises against the lawful claims of all persons
whosoever.
day of
IN WITNESS WHEREOF, Grantor has hereunto signed as of the
Vig'.
�Ihyy�R.D�Jacobsen J
Robert A Jacob en, Jr.
State of Nebraska
County of Douglas
T e foregoing instrument was acknowledged before me this _�_ day of
1�i/�2018 by Kathy R. Duke -Jacobsen and Robert A. Jacobsen, Jr.
Notary Public -Affix Seal to the Right X222
�20
NLTA-0-1800055
page Count 1
2018-00477
WASMNGTON COUNTY, STATE OF NEB'RASIa
Instrument Number 2018-00478
.)(qA& w 0.. ftUWi4&@1d
REGISTER OF DEEDS
Recorded
General
Numerical
Photostat
Proofed
Scanned
[Spare Above This Lino For Recording Data]
PARCEL TAX ID#, 890040705
PMI CASE#:1000288297
DEFINITIONS
FILED
2018 Feb-20 AM 08:50
KAREN A. MADSEN
WASHINGTON COUNTY
REGISTER OF DEEDS
BLAIR, NE
Loan No, 000024975
DEED OF TRUST
Words used In multiple sections of this document are defined below and other words are defined
in Sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used In this
document are also provided in Section 16,
(A) "SecurityD13ftnment".means this document, which is dated February
16th , 2018 together with all Riders to this document,
(B) "Borrower" Is RYAN M ANDRESS AND TRACY L ANDRESS , HUSBAND AND
WIFE
Borrower Is the trustor tinder this Security Instrument,
(C) "Lender" is CENTRIS FEDERAL CREDIT UNION
Lender is a A NEBRASKA CORPORATION
laws of THE STATE OF NEBRASKA
11718 M CIRCLE, OMAHA, NE 68137
Lender is the beneficiary under this Security instrument,
NEBRASKA -- Single ramlly— yewo MONroddl' Mae
LWOHMntSi'IinIDII IYOM702B 1101
(Page I oi19)
OCC• 03028-01(09101)
organized and existing tinder the
. Lender's address Is
Page Count 19 2018-00478
(D) "Trustee" is CENTRIS FEDERAL CREDIT UNION,11718 M CIRCLE OMAHA,
NE 68137
(E) "Note" means the promissory note signed by Borrower and dated February 16th
2018 . The Note states that Borrower owes Lender
TWO HUNDRED TWO THOUSAND FIVE HUNDRED AND N01100
Dollars (U.S. $ 202,500.00 ) plus interest. Borrower has promised to pay this
debt in regular Periodic Payments and to pay the debt in full not later than
March 1st, 2048
(F) "Property" means the property that is described below under the heading "Transfer of
Rights In the Property.
(0) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges
and late charges due under the Note, and all sums due under this Security Instrument, plus
interest,
(H) "hiders" means all Riders to this Security Instrument that are executed by Borrower.
The following Riders are to be executed by Borrower [check box as applicable]:
0
[]
Adjustable Rate Rider
Balloon Rider
❑
❑
Condominium Rider ❑ Second Home Rider
Biweekly Payment Rider ❑ 1-4 Family Rider
[]
Other(s) [specify]
❑
Planned Unit Development Rider
0 ' "Applicable Law" means all controlling applicable federal, state and local statutes,
regulations, ordinances and administrative rules and orders (that have the effect of law) as well
as all applicable final, non -appealable judicial opinions.
0 "Community Association Dues, Fees, and Assessments" means all dues, fees,
assessments and other charges that are imposed on Borrower or the Property by a condominium
association, homeowners association or similar organization.
(h) "Electronic Funds Transfer" means any transfer of funds, other than a transaction
originated by check, draft, or similar paper instrument, which is initiated through an electronic
terminal, telephonic instrument, computer or magnetic tape so as to order, instruct, or authorize
a financial institution to debit or credit an account. Such term includes, but Is not limited to,
point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone,
wire transfers, and automated clearinghouse transfers.
(I,) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Section 8) for: (i) damage to, or destruction of, the Property; (11) condemnation or
other taking of all or any part of the Property; (ill) conveyance in lieu of condemnation; or (iv)
misrepresentations of, or omissions as to, the value and/or condition of the Property.
1�i$it�—Singh Pa ally PaonlaMadNreddloMnoUNdORMIN9IRNPForm302g 1101
OCC - GM-02 (09/01) (Page 2 OPP)
gill AVYati
2018-00478
(N) "Mortgage insurance" means insurance protecting Lender against the nonpayment of,
or default on, the Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (1) principal and
interest under the Note, plus (ll) any amounts under Section 3 of this Security Instrument.
(P) "RESPA," means the Real Estate Settlement Procedures Act (12 U,S.C. §2601 et seq.)
and its implementing regulation, Regulation X (12 C,F.R. Part 1024), as they might be
amended from time to time, or any additional or successor legislation or regulation that governs
the same subject matter. As used in this Security Instrument, "RESPA" refers to all
requirements and restrictions that are imposed in regard to a "federally related mortgage loan"
even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken floe to the
Property, whether or not that party has assumed Borrower's obligations under the Note and/or
this Security Instrument,
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; and (H) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower
irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described
property located in the COUNTY
[Typo of Recording Jurisdiefion]
of WASHINGTON
[Marne of Recording 7urisdlctloal
TAX LOT 56 IN SECTION 14, TOWNSHIP 18, RANGE 11, EAST OF THE 6TH P.M.,
WASHINGTON COUNTY, NEBRASKA, SUBJECT TO COUNTY ROAD RIGHT OF WAY.
which currently has the address of 2460 HOLLOW RD
j59reet]
BLAIR Nebraska 68008 ("Property Address"):
[City] (Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and
all easements, appurtenances, and fixtures now or bereafter a part of the property. All
replacements and additions shall also be covered by this Security Instrument. All of the
foregoing Is referred to in this security Instrument as the "Property,"
NBI71tAWA—single Fu*—VaaeloMaOreddloMaoUWOHMDIMUMENrFarm30H 1101
OCC � 03028.03 (11/02) (page 3 409)
2018-00478
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby
conveyed and has the right to grant and convey the Property and that the Property is
unencumbered, except for encumbrances of record. Borrower warrants and will defend
generally the title to the Property against all claims and demands, subject to any encumbrances
of record.
TIES SECURITY INSTRUMENT combines uniform covenants for national use and
non -uniform covenants with limited variations by jurisdiction to constitute a uniform security
Instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows;
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
Charges, Borrower shall pay when due the principal of, and interest on, the debt evidenced by
the Note and any prepayment charges and late charges due under the Note. Borrower shall also
pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this
Security Instrument shall be made In U.S. currency, however, if any check or other instrument
received by Lender as payment under the Note or this Security Instrument Is returned to Lender
unpaid, Lender may require that any or all subsequent payments due under the Note and this
Security Instrument be made in one or more of the following forms, as selected by Lender: (a)
cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an Institution whose deposits are insured by a federal
agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in
the Note or at such other location as may be designated by Lender in accordance with the notice
provisions In Section 15, Lender may return any payment or partial payments If the payment or
partial payments are insufficient to bring the Loan current. Lender may accept any payment or
partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments In the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic
Payment is applied as of its scheduled due date, then Lender need not pay Interest on unapplied
funds. Lender may hold such reapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either
apply such funds or return them to Borrower, If not applied earlier, such feeds will be applied
to the outstanding principal balance under die Note immediately prior to foreclosure. No offset
or claim which Borrower might have now or to the future against Lender shall relleve Borrower
from malting payments due under the Note and this Security Instrument or performing the
covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described In this
Section 2, all payments accepted and applied by Lender shall be applied In the following order
of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due
under Section 3, Such payments shall be applied to each Periodic Payment in the order in which
it became due. Any remaining amounts shall be applied first to late charges, second to any other
N$B Bti^sW�eiamtly—PaonicMar�AttddloMeoIINIlOHMINBIItuLIIIPirFwn9U28 Uol
GCC - 03028.04 (09l01) (Pege 4 of 19)
2018-00478
` amounts due under this Security Instrument, and then to reduce the principal balance of the
Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment Is outstanding,
Lender may apply any payment received fiom Borrower to the repayment of the Periodic
Payments if, and to the extent that, each payment can be paid In fidl, To the extent that any
excess exists after the payment is applied to the full payment of one or more Periodic Payments,
such excess may be applied to any late charges due. Voluntary prepayments shall be applied
first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to
principal due under the Nate shall not extend or postpone the due date, or change the amount, of
the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic
Payments are due under the Note, until the Note is paid In full, a sum (the "Funds") to provide
for payment of amounts due for; (a) taxes and assessments and other items which can attain
priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold
payments or ground rents on the Property, If any; (c) premiums for any and aB insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, If any, or any stuns
payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10, These items are called "Escrow Items." At
origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees and Assessments, if any, be escrowed by Borrower, and such dues, fees,
and assessments shall bean Escrow Item, Borrower shall promptly furnish to Lender all notices
of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow
Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at
any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall
pay directly, when and where payable, the amounts due for any Escrow Items for which
payment of Funds has been waived by Lender and, If Lender requires, shall furnish to Lender
receipts evidencing such payment within such time period as Lender may require, Borrower's
obligation to matte such payments and to provide receipts shall for all purposes be deemed to be
a covenant and agreement contained in this Security instrument, as the phrase "covenant and
agreement" Is used in Section 9, If Borrower Is obligated to pay Escrow Items directly,
pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may
exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
tinder Section 9 to repay to Lender any such amount, Lender may revoke the waiver as to any
or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such
revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit
Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the
maximum amount a lender can require under RESPA. Lender shall estimate the amount of
NEBRMKA—SlnoeFamgy--vonrl5MAoVreddtoMeoMUORMINS9Ri0MV-3wA $101
GCc - t13028-05 (09I01) (Page S of]9)
2018-00478
Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow
Items or otherwise in accordance with Applicable Law,
The Funds shall be held in an institution whose deposits are insured by a federal
agency, instrumentality, or entity (including Lender, if Lender Is an institution whose deposits
are so insured) or in any Federal home Loan Bank. Lender shall apply the Funds to pay the
Escrow items no later than the time specified under RESPA. Sender shall not charge Borrower
for holding and applying the Funds, annually analyzing the escrow account, or verifying the
Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits
Lender to make such a charge. Unless an agreement Is made in writing or Applicable Law
requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any
interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that
Interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual
accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall
account to Borrower for the excess fiords in accordance with RESPA. If there is a shortage of
Funds held in escrow, as defined under RESPA, Lender sball notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in
accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency
of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make tip the deficiency fit
accordance with RESPA, but Kno more than 12 monthly payments.
Upon payment la full of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Leader.
4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and
fmposlacas attributable to the Property which can attain priority over this Security Instrument,
leasehold payments or ground rents on the Property, if any, and Community Association Dues,
Fees, and Assessments, if any. To the extent that these Items are Escrow Items, Borrower shall
pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security
Instrument unless Borrower, (a) agrees to writing to the payment of the obligation secured by
the lien in a manner acceptable to Lender, but only so long as Borrower is performing such
agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in,
legal proceedings which in Lender's opinion operate to prevent the enforcement of the lion while
those proceedings are pending, but only until such proceedings are concluded; or (c) secures
from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument, If Lender determines that any part of the Property Is subject to a lieu
which can attain priority over this Security Instrument, Lender may give Borrower a notice
Identifying the lien. Within 10 days of the date on which that notice Is given, Borrower shall
satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification
and/or reporting service used by Lender in connection with this Loan,
S. Property Insurance. Borrower shall keep the improvements now existing or
hereafter erected on the Property insured against loss by fire, hazards included within the term
"extended coverage," and any other hazards including, but not limited to, earthquakes and
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floods, for which Lender requires insurance. This insurance shall be maintained in the amounts
(including deductible levels) and for the periods that Lender requires. What Lender requires
pursuant to the preceding sentences can change during the term of the Loan, The insurance
carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood
zone determination, certification and tracking services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time remappings or similar
changes occur which reasonably might affect such determination or certification. Borrower shall
also be responsible for the payment of any fees imposed by the Federal Emergency Management
Agency In connection with the review of any flood zone determination resulting from an
objection by Borrower.
If Borrower falls to maintain any of the coverages described above, Lender may obtain
Insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation
to purchase any particular type or amount of coverage, Therefore, such coverage shall cover
Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the
contents of the Property, against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect, Borrower acknowledges that the cost of the insurance
coverage so obtained might significantly exceed the cost of insurance that Borrower could have
obtained, Any amounts disbursed by Lender under this Section 5 shall become additional debt
of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note
rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject
to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall
name Lender as mortgagee and/or as an additional loss payee, Lender shall have the right to
hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of
insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the
Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and
Lender. Lender may make proof of loss if not made promptly by Borrower, Unless Lender and
Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying
Insurance was required by Lender, shall be applied to restoration or repalr of the property, if the
restoration or repair is economically feasible and Lender's security is not lessened, During such
repair and restoration period, Lender shall have the right to hold such insurance proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed
to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender
may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters,
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or other third parties, retained by Borrower shall not be paid out of the Insurance proceeds and
shall be the sole obligation of Borrower. If the restoration or repair Is not economically feasible
or Lender's security would be lessened, the Insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied In the order provided for In Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available
Insurance claim and related matters, If Borrower does not respond within 30 days to a notice
from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate
and settle the claim. The 30-day period will begin when the notice is given. In either event; or
If Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to
Lender (a) Borrower's rights to any Insurance proceeds in an amount not to exceed the amounts
unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other
than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, Insofar as such rights are applicable to the coverage of the
Property. Lender may use the insurance proceeds either to repair or restore the Property or to
pay amounts unpaid tinder the Note or this Security Instrument, whether or not then due.
6. Occupancy, Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within 60 days after the execution of this Security instrument and shall
continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and, Protection of the Property; Inspection$.
Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or
commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower
shall maintain the Property in order to prevent the Property from deteriorating or decreasing In
value due to its condition. Unless it is determined pursuant to Section 5 that repair or
restoration Is not economically feasible, Borrower shall promptly repair the Property If damaged
to avoid further deterioration or damage, If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for
repairing or restoring the Property only If Lender has released proceeds for such purposes.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not
sufficient to repair or restore the Property, Borrower is not relieved' of Borrower's Obligation for
the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property.
If It has reasonable cause, Lender may inspect the Werlor of the improvements on the Property.
Lender shall give Borrower notice at the time of or prior to such an interior inspection
speclfying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan
application process, Borrower or any persons or entities acting at the direction of Borrower or
with Borrower's knowledge or consent gave materially false, misleading, or inaccurate
Information or statements to Lender (or failed to provide Lender with materlal information) in
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connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal.
residence,
9. Protection of Lender's Interest in the Property and Rights Under this Sacut'lty
Instrument, If (a) Borrower fails to perform the covenants and agreements contained In this
Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's
Interest In the Property and/or rights under this Security Instrument (such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain
priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate
to protect Lender's interest to the Property and rights under this Security instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing fire
Property. Lender's actions can include, but are not Ihmited to. (a) paying any sums secured by a
Hen which has priority over this Security Instnunent; (b) appearing in court; and (c) paying
reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security
Instrument, Including its secured position in a bankruptcy proceeding. Securing the Property
Includes, but is not limited to, entering the Property to make repairs, change locks, replace or
board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utillties turned on or off, Although Lender may
take action under this Section 9, Lender does not have to do so and Is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions
authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate
from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the
provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee
title shall not merge unless Lender agrees to the merger in writing.
10, Mortgage insurance, If Lender required Mortgage Insurance as a condition of
making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance
in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be
available from the mortgage insurer that previously provided such insurance and Borrower was
required to make separately designated payments toward the premiums for Mortgage insurance,
Borrower shall pay the premiums required to obtain coverage substantially equivalent to the
Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to
Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage Is not available,
Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be is effect. Lender will accept, use and retain
these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss
reserve shall be non-refundable, notwithstanding tie fact that the Loan Is ultimately paid in full,
and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve,
Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the
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amount and for the period that Lender requires) provided by an insurer selected by Lender again
becomes available, is obtained, and Lender requires separately designated payments toward the
premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the
premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain
Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between
Borrower and Lender providing for such termination or until termination is required by
Applicable Law, Nothing In this Section 10 affects Borrower's obligation to pay interest at the
rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for
certain losses it may incur If Borrower does not repay the Loan as agreed. Borrower is not a
party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to
time, and may enter into agreements with other parties that share or modify their risk, or reduce
losses. These agreements are on to= and conditions that are satisfactory to the mortgage
Insurer and the other party (or parties) to these agreements. These agreements may require the
mortgage Insurer to make payments using any source of funds that the mortgage insurer may
have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer,
any reinsures, any other entity, or any afflltate of any of the foregoing, may receive (directly or
Indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's
payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of
the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement Is
often termed "captive reinsurance." Further;
(a) Any such agreements will not affect the amounts that Borrower has agreed to
pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not
increase the amount Borrower will owe for Mortgage Insurance; and they will not entitle
Borrower to any refund,
(b) Any such agreements will not affect the rights Borrower has - if any - with
respect to the Mortgage Insurance, under the homeowners Protection Act of 1998 or any
other law. These rights may include the right to receive certain disclosures, to request and
obtain eanoellation of the Mortgage Insurance, to have the Mortgage Insurance terminated
automatically, and/or to receive a refund of any Mortgage Insurance premiums that were
unearned at the time of such cancellation or termination.
11, Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous Proceeds
are hereby assigned to and shall be paid to Lender,
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If the Property Is damaged, such Mkscellaaeous Proceeds shall be applied to restoration
or repair of the Property, If the restoration or repair is economically feasible and Lender's
security is not lessened, During such repair and restoration period, Lender shall have the right
to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such
Property to ensure the work has been completed to Lender's satisfaction, provided that suet►
inspection shall be undertaken promptly, Lender may pay for the repairs and restoration in a
single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings
on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or
Lender's security would be lessened, the Miscellancous Proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with the excess, If any, paid to
Borrower, Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taldug, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property In which
the fair market value of the Property immediately before the partial taking, destruction, or loss
in value is equal to or greater than the amount of the sums secured by this Security Instrument
Immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender
otherwise agree In writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount
of the sums secured Immediately before the partial taking, destruction, or loss in value divided
by (b) the fair market value of the Property immediately before the partial taking, destruction, or
loss in value, Any balance shall be paid to Borrower.
in the event of a partial taking, destruction, or loss In value of the Property in which
the fair market value of the Property immediately before the partial taking, destruction, or loss
In value Is less than the amount of the sums secured immediately before the partial taking,
destruction, or loss In value, unless Borrower and Lender otherwise agree In writing, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
or not the sums are then due.
If the Property is abandoned by Borrower, or If, after notice by Lender to Borrower
that the Opposing Party (as defined In the next sentence) offers to make an award to settle a
claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice
is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to
restoration or repair of the Property or to the sums secured by this Security Instrument, whether
or not then due, "Opposing Party" means the third party that owes Borrower Miscellaneous
Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
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Borrower shall be in default if any action or proceeding, whether civil or criminal, is
begun that, in Lender's Judgment, could result in forfeiture of ale Property or other material
impairment of Lender's interest to the Property or rights under this Security Instrument,
Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in
Section 19, by causing the action or proceeding to be dismissed with a ruling that, In Lender's
judgment, precludes forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's Interest In the Property are hereby
assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property
shall he applied in the order provided for In Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of
the time for payment or modification of amortization of the sums secured by this Security
Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not
operate to release the liability of Borrower or any Successors In Interest of Borrower, Lender
shall not be required to commence proceedings against any Successor in interest of Borrower or
to refuse to extend time for payment or otherwise modify amortization of the sums secured by
this Security Instrument by reason of any demand made by the original Borrower or any
Successors in Interest of Borrower. Any forbearance by Lender to exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons,
entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall
not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and several Liability; Co-signers; Successors and Assigns Bound,
Borrower covenants and agrees that Borrower's obligations and liability shall be joint and
several, However, any Borrower who co-signs this Security Instrument but does not execute the
Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and
convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) Is
not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who
assumes Borrower's obligations under this Security Instrument In writing, and is approved by
Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument,
Borrower shall not be released from Borrower's obligations and liability under this Security
instrument unless Lender agrees to such release to writing. The covenants and agreements of
this Security Instrument shall bind (except as provided in Section 20) and benefit the successors
and assigns of Lender,
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14, Loan Charges, Lender may charge Borrower fees for services performed in
connection with Borrower's default, for the purpose of protecting Lender's interest in the
Property and rights under this Security instrument, including, but not limited to, attorneys' fees,
property inspection and valuation fees. In regard to any other fees, the absence of express
authority In this Security Instrument to charge a specific fee to Borrower shall not be construed
as a prohibition on the charging of such fee. Lender may not charge fees that are expressly
prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection
with the Loan exceed the permitted limits, then; (a) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected
from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may
choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial
prepayment without any prepayment charge (whether or not a prepayment charge Is provided for
under the Note). Borrower's acceptance of any such refund made by direct payment to
Borrower will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
15. Notices, All Notices given by Borrower or Lender in connection with this
Security Instrument must be in wrlting, Any notice to Borrower In connection with this Security
Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
when actually delivered to Borrower's notice address if sent by other means. Notice to any one
Borrower shalt constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a
substitute notice address by notice to Lender. Borrower shall promptly notify Lender of
Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change
of address, then Borrower shall only report a change of address through that specified
procedure. There may be only one designated notice address under this Security Instrument at
any one time. Any notice to Lender shall be given by delivering it or by malling it by first
class mail to Lender's address stated herein unless Lender has designated another address by
notice to Borrower, Any notice in connection with this Security Instrument shall not be deemed
to have been given to Lender until actually received by Lender. If any notice required by this
Security Instrument is also required under Applicable Law, the Applicable Law requirement will
satisfy the corresponding requirement under this Security Instrument,
16. Governing Law; Severabllity; Rules of Construot-ion. This Security Instrument
shall be governed by federal law and the law of the jurisdiction in which the Property Is located.
All rights and obligations contained in this Security Instrument are subject to any requirements
and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the
parties to agree by contract or It might be silent, but such silence shall not be construed as a
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prohibition against agreement by contract, In the event that any provision or clause of this
Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect
other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision,
As used In this Security Instrument: (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; (b) words in the singular
shall mean and include the plural and vice versa; and (c) the, word "may" gives sole discretion
without any obligation to take any action.
17, Borrower's Copy. Borrower shall be given one copy of the Note and of this
Security Instrument,
Ia. Transfer of the Property or a Beneficial Interest in Borrower, As used in this
Section 18, "Interest In the Property" means any legal or beneficial interest In the Property,
including, but not.limited to, those beneficial interests transferred in a bond for deed, contract
for deed, Installment sales contract or escrow agreement, the intent of which is the transfer of
title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest In the Property Is sold or transferred
(or If Borrower is not a natural person and a beneficial interest In Borrower Is sold or
transferred) without Lender's prior written consent, Lender may require Immediate payment In
full of all sums secured by this Security Instrument, however, this option shall not be exercised
by Lender if such exercise is prohibited by applicable law,
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given In
accordance with Section 15 within which Borrower must pay all sums secured by this Security
Instrument, if Borrower falls to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by tills Security Instrument without further notice or demand
on Borrower.
19. Borrower's Right to Reinstate After Acceleration, If Borrower meets certain
conditions, Borrower shall have the right to have enforcement of this Security Instrument
discontinued at any time prior to the earliest of: (a) five days before sale of the Property
pursuant to any power of sale contained in this Security Instrument; (b) such other period as
Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of
a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as If
3o
acceleration had occurred; (b) cures any default of any other covenants or agreements; c pays
all expenses incurred in enforcing this Security Instrument, including, but not limited to,
reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the property and rights under this Security instrument;
and (d) takes such action as Lender may reasonably require to assure that Lender's interest In the
Property and rights under this Security Instrument, and Borrower's obligation to pay the sums
secured by this Security Instrument, shall continue unchanged, Lender may require
that
Borrower pay such reinstatement sums and expenses in one or more of Ire following r a
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check
or cashier's check, provided any such check is drawn upon an Institution whose deposits are
insured by a federal agency, Instrumentality or entity; or (d) Electronic Funds Transfer, Upon
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reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain
fully effective as if no acceleration had occurred, However, this right to reinstate shall not
apply in the case of acceleration under Section 18,
20. Sala of Note; Change of Loan Servicar; Notice of Grievance. The Note or a
partial interest in the Note (together with this Security Instrument) can be sold one or more
times without prior notice to Borrower. A sale might result in a change in the entity (lmown as
the "Loan Servicer") that collects Periodic Payments due under the Note and this Security
Instrument and performs other mortgage loan servicing obligations under the Note, this Security
Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer
unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be
given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and any other information RESPA
requires In connection with a notice of transfer of servicing, If the Note is sold and thereafter
the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan
servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a
successor Loan Servlcer and are not assumed by the Note purchaser unless otherwise provided
by the Note purchaser,
Neither Borrower nor Lender may continence, join, or be joined to any judicial action
(as either an individual litigant or the member of a class) that arises from the other party's
actions pursuant to this Security Instrument or that alleges that the other party has breached any
provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party (with such notice given in compliance with the requirements
of Section 15) of such alleged breach and afforded the other party hereto a reasonable period
after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to
be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower
pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20. "Hazardous Substances"
21, Hazardous Substances. As used in this Section 21: (a)
are those substances defined as toxic or hazardous substances, pollutants, or wastes by
Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection; (c) "Environmental Cleanup" Includes any response
an action, nvironmental
action, or removal action, as defined in Environmental Law; and (d)
Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or In the Property.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
violation of any Environmental Law, (b) which creates an Environmental Condition, or (c)
which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
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adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the
Property (including, but not limited to, hazardous substances In consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim,
demand, lawsuit or other action by any governmental or regulatory agency or private party
involving the Property and any Hazardous Substance or Environmental Law of which Borrower
has actual knowledge, (b) any Environmental Condition, including but not limited to, any
Spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
condition caused by the presence, use or release of a Hazardous Substance which adversely
affects the value of the Property. If Borrower learns, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remedlation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
any obligation on Lender for an Environmental Cleanup,
NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as
follows:
22, Acceleration; Remedies. Lender shall give notice to Borrower prior to
acceleration following Borrower's breach of any covenant or agreement in this Security
Instrument out not prior to acceleration under Section is unless Applicable Law provides
otherwise). The notice shall specify: (a) the default; 0) the action required to cure the
default; (c) a date, not less than 30 days from the date the notice 3s given to Borrower, by
which the default must be oured; and (d) that failure to titre the default on or before the
date specified in the notice may result in acceleration of the sums secured by this Security
Instrument and sale of the Property. The notice shall further inform Harrower of the right
to reinstate after acceleration and the right to bring a court action to assert the
non-existence of a default or any other defense of Borrower to acceleration and sale. If the
default is not cured on or before the date specified in the notice, Lender at its option may
require immediate payment in fun of all sums secured by this Security Instrument without
further demand and may invoke the power of sale and any other remedies permitted by
Applicable Law. Louder shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this Section 22, including, but not limited to, reasonable attorneys
fees and costs of title evidence,
If the power of sale is invoked, Trustee shall record a notice of default In each county
in which any part of the Property is located and shall mail copies of such notice in the
manner prescribed by Applicable Law to Borrower and to the other persons prescribed by
Applicable Law. After the time required by Applicable Law, Trustee shall give public
notice of sale to the persons and in the manner prescribed by Applicable Law, Trustee,
without demand on Borrower, shall sell the Property at public auction to the highest bidder
at the time and place and under the terms deisgnated in the notice of sale in one or more
parcels and in any order Trustee determines. Trustee may postpone sale of all or any
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2018-00478
parcel of the Property by public announcement at the time and place of any previously
scheduled sale. Lender or its designee may purchase the Property- at any sale.
Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser
Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima
facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds
of the sale in the following order: (a) to all costs and expenses of exercising the power of
sale, and the sale, including the payment of the Trustee's fees actually incurred and
reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this
Security Instrument; and (o) any excess to the person or persons legally entitled tort.
23, Reconveyanco. Upon payment of all sums secured by this Security Instrument,
Lender shall request Trustee to reconvey the Property and shall surrender this Security
Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee
shall reconvey the Property without warranty to the person or persons legally entitled to it.
Such person or persons shall pay any recordation costs, Lender may charge such person or
persons a fee for reconveying the Property, but only if the fee Is paid to a third party (such as
the Trustee) for services rendered and the charging of the fee Is permitted under Applicable
Law,
24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee
and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded In
the county In which this Security Instrument is recorded. Without conveyance of the Property,
the successor trustee shall succeed to all the bile, power and dudes conferred upon Trustee
herein and by Applicable Law,
25, Request for Notices. Borrower requests that copies of the notice of default and
sale be sent to Borrower's address which Is the Property Address.
[ THIS SPACE LEFT INTENTIONALLY BLANK ]
M13RA,WA..singleFmnlly--F.WbMaWreddiuMeoUNI MMINSTRMIgNTForm 30 V01
GCC . G3028.17 (09101) (Pago 17of19)
WV 1.11 1—N
E;
2018-00478
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained In this Security Instrument and in any Rider executed by Borrower and recorded with
—(Seal)
-Borrower
_ (8ea1)
-Borrower
Witnesses;
NBBRAWA—S1a&PaWly—FanalaMadkreddleMao UNIFORM INSTRUMENT Form 30U 1l01
GCC . 03028.18 (09101) (Page 18 of19)
2018-00478
INDIVIDUAL ACKNOWLEDGMENT
STAT13 OF NEMWKA, I County ss:
On this, the 16th day of February , 2018
before me, the subscriber, the undersigned officer, personally appeared
RYAN M ANDRESS AND TRACY L ANDRESS , HUSBAND AND WIFE
[mown to me (or satisfactorily proven) to be the person(s) whose name(s)
subscribed to the within Instrument and acknowledged that executed the
same for the purposes herein contained.
IN WITNESS WHEREON, I hereunZ/M
my hand and official sea
mj�My Commission Expires;
at(0
xM
ebraskaNER, 2019
Prepared By,
HEIDI ARENS
CENTRIS FEDERAL CREDIT UNION
11718 M CIRCLE
OMAHA, NE 68137
Record and Return To:
CENTRIS FEDERAL CREDIT UNION
11718 M CIRCLE
OMAHA, NE 68137
NMLSR ID: 000000490617
NMLSR (L,O,) ID: 31269 (JERAD D BERRY)
Loan Originator: CENTRIS FEDERAL CREDIT UNION
lF,BRAS A —single Family—FennlaMauTreddteMae UNIFORMZNSnLTMfiNFForm3m V01
GCC- 03028.19 (02/13) (P89019 0f19)
2018-00478