2023-11-16 West Paula-DeedWASHINGTON COUNTY NEBRASKA
Filed for record on November 16, 2023 at 10:54 AM
Instrument No. 2023-02934
c � (3 Pages)
�J Carolyn Stodo a, Register of Deeds
NEBRASKA DOCUMENTARY
STAMP TAX
Nov 16, 2023
Exempt-2 By: BA
Recorded
General
Numerical /
Photostat
Proofed
Scanned
WARRANTY DEED —INDIVIDUAL (page 1)
PROJECT: Hollow Road TRACT: 5
KNOW ALL MEN BY THESE PRESENTS:
THAT: Paula West, married, Larry West, husband, hereinafter known as the Grantor, whether
one or more, for and in consideration of the sum of Nine thousand eight hundred and 00/100
dollars-($9,800.00) 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 st ccessors 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
WARRANTY DEED — (page 2)
TRACT: 5
Duly executed this i day of 2023.
Pau a West
STATE OF NEBRASKA
) ss.
COUNTY WASHINGTON )
On this I q day of O
Y Larry West ,
A.D., 2023, before me, a General
Notary Public, duly commissioned and qualified, personally came
Paula West and Larry West
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 andjnotariiIseal the day and year last above written
Notary Public.
of
My commission expires the dayOpt-, � , 20
ji Genera l,Notary • State of Nebraska
SHERRI M. KINNEY
M2 Comm. Exp. &ril 18 2024.
2023-02934
TAX LOT 226 ROW AQUISITION
PAULA WEST
TAX LOT
224
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5/8" REBAR W/I-1/4" YPC
"SURVEY MARKER LS 760"
SW COR. NEI/4 SWI/4
SEC, 14-T I 8N-R I I E
LEGEND
MONUMEN"I'FUUND
MONUM -Mr SET
CALCULATED POINT
M MI?ASURED DISTANCE
It RECORUDISTANCL GRAPHIC SCALE
®ACQIJISI'I'ION AIiL>A IVU
NOTE: ALL BEARINGS ARE ASSUMED.
DATE
TAX LOT
226
S89°33'28"E
117.84'(M)
N89°33'28"W
117.30'(M)117.10'(R)
SOUTH LINE OF TAX LOT 226 AND
SOUTH LINE OF NE1/4 SWIM SEC, 14-18-11
VICINITY SKETCH
WASHINGTON COUNTY
NEBRASKA
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LEGAL DESCRIPTION;
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1/2" REBAR
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SEC, 14-T18N-RIIE
THE SOUTH 33.00 FEET OF TAX LOT 226, 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 0.09 ACRES, MORE OR LESS,
CITY OF BLAIR, NEBRASKA
LOCAL POLITICAL SUBDIVISION
ACQUISITION CONTRACT
(REVISED)
Project: Hollow Road
Tract No.: 5
THIS CONTRACT, made and entered into this '' - day of tr �'X 2023, by and between,
Paula West and Larry West 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" 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.
3,920 s/f x $2.50 s/f = $9,800.00 rd. to
Landscaping Damages:
See Landscape Damage Estimate No. 815 $12,120.00.
$ 9,800.00 .
TOTAL $ 21
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
Trees only can be removed when necessary for a project approved by the Blair City Council.
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...._..... ..... __ _ _ . _. _. _.
Date Gill 7,3
Dated this � ' day of _ _ V L� - " , 20 23
_...._....-1. Y......._........_............_._..—......... _.....
On the above date, before me a General Notary Public duly commissioned and
qualified, personally came
Ru.. 0
. _ . _..---- _ --
Name and Title
On behalf o(the. City_of_Blair,_Nebraska . __.
._. _.................................
to me known to be the identical person
to the foregoing instrument as grantor
be a voluntary act and deed.
whose name affixed
and acknowledged the same to
WITNESS my hand and Notarial rSeealthe day and year above written.
Notary r/ )
STATE OF Nebraska
ss.
Washington County
WME]
f NuhraskaEEI._EFi20, 2024
OWNER
PaulaPa y West .__-----
WQst and Larry ...........................__..............................._._.
............_........._! J...............---..........._..._._. --......
9
Dated this .i q day of ......._._ ..... t�" �t 20 23
On the above dale, before me a General Notary Public duly commissioned and
qualified, personally came
Paula—West—and-Larry...West—_-_—_..._._........._._._—......._..........__...._.__.........._....__._..___.......
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.AL► Kr'VAr.�_... — LIt L==—....... .................
STATE OF Nebraska
ss.
Washington County
General Notary - State of Nehras
XJ71(ieneral.NotaryState oebrasEY
SHERRI M. KINNEY
SHERRI M. K, of f N-- My Comm Exp Aoril 18 2� AL -,
M Comm. Ex , A ril 18 2024.
..................................................................................................................
...roa orrice use,on'.i:..:.............................................<
............................................................... ................................... ...............
<
s... ..................
...................................
Pro,iecG ................ Blair, NE (Hollow Road. i
Tract No.: `
.......................................<.........................................................................
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, Tom Lund, on behalf of the City of Blair, Nebraska, upon his first
visit of negotiating, provide the owner(s) of real property, Paula West, with this written statement of offer made to acquire
the property rights as outlined below.
This offer will he 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: '
3,920 s/fx $ 2.50 sf = $ 9,800.00
Landscaping Damages: See Attached Estimate No. 815 = $12,116.97 rd. $ 12,120.00
AMOUNT OFFERED = $ 21,920.00
This offer is being made on Cd-, 2023, and the total amount of this offer
is $ 21,920.00
This written statement represents the City's offer made in an amount not less than the appraised valuation of the property.
Tom Lund, Right of Way consultant on behalf of the City of Blair
® NEGOTIATION
CALL REPORT
❑ RELOCATION ASSISTANCE
CALL DATE
AMOUNT
SALVAGE
COUNTER
PERSONS PRESENT ON
VISIT
NO.
OFFERED
OFFERED
OFFER
08/31/23
$9,800.00
none
none
Paula West
1
10/13/23
$21,920.00
Paula West
2
REPORT OF DISCUSSION:
08/31 /23
1 met with Paula West at her home. I asked her if she had any questions about the ROW documents I mailed her
or issues regarding the project. She said that there may be a septic tank and laterals in the new ROW and if so,
how will that be addressed. I told her I would find out more information about that and get back with her. I
thanked her for her time and this ended our conversation.
10/13/23
Mrs. Paula West called me and said she received the revised offer that included the landscape damages not
included on the first offer she received. She said she thought the new offer was good and she and her husband
would sign the revised ROW documents, have them notarized and mailed back to me. I informed Mrs. West that
if her septic tank and laterals were damaged during construction of the Hollow Road project, what was damaged,
would be repaired. She said that would be great. I thanked her for her time and this ended our telephone
conversation.
PROJECT NUMBER:
TRACT NUMBER:
PROPERTY TENANT:
Hollow Road
5
None
AGENT: (Signature)
DATE:
PROPERTY OWNER:
Paula West
� s
TYPED NAME OF AGENT:
TOM LUND
AP-12
Neds Horticulture & Landscapes LLC
8437 Hanover St.
Omaha, NE 68122
NAME/ADDRESS
Tom Lund
Estimate
DATE
ESTIMATE NO.
9/9/2023
815
PROJECT
DESCRIPTION
QTY
COST
TOTAL
Hollow Road, City of Blair
0.00
Tract 5, 2362 Hollow road
0.00
Material: Four Sumac shrubs, 5 gallon
4
54.40
217.60T
Material: One Smokebush, 5 gallon
1
66.30
66.30T
Labor: Landscape Installation of above material
375.00
375.00T
Material and Labor: Four 16' Amur Maple trees and mulch
4
2,133.00
8,532.00T
Material and Labor: One 16' Crabapple tree and mulch
1
2,133.00
2,133.00T
Sales Tax
7.00%
792.67
TOTAL $12,116.57
CITY OF BLAIR, NEBRASKA
Just Compensation Determination
Project: Blair, NE, Hollow Road
Tract No,: 5
Property Owner: Paula West
Having reviewed all of the pertinent facts and information available, my determination is that
$9,800.00 is Just Compensation for this tract. The City's minimum Just Compensation for this
tract is not less than $9,800.00, 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,
b?) r
Date Name/title of City of Blair, NE
CERTIFICATE OF NEGOTIATOR
Project No Blair, NE Hollow Road
Tract No. 5
Property Owner Paula West
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 u
Negotiator
AP-15
August 8, 2023
Paula West
2362 Hollow Road
Blair, NE 68008
RC: Project: Blair (Hollow Road)
Tract:.. 5
Dear Paula West:
The City of Blair, Nebraska is proposing to obtain a land acquisition from your property for the Hollow Road
improvement project. The enclosed tract drawings with attached legal descriptions (Exhibit "A") indicates the areas
of need 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
letter, 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
tlund3lI yahoo.com
Thank you for your cooperation in this matter and I look forward to speaking with you soon.
Sincerely,
Tom LLi�d
I-' I, l
On behalf of the City of Blair
Enclosure
............
FOR OFFICE USG ONLY
..........t........................................................................................................
Prgiccli....<.... Blair, NE(Hollow Road) i
......................................................................:
..............Trncl No:'. `...............................................5 E
.............................................................:
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, Toni Lund, on behalfoflhe City of BJnir, Nebraska, upon his first
visit of negotiating, provide the owner(s) of real property, Paula West, 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:
3, 920 s/fz $ 2.50 s/f = $ 9,800.00
AMOUNT OFFERED = $ 9,800.00
This offer is being made on , 2023, and the total amount of this offer
This written statement represents the City's offer made in an amount not less than the appraised valuation of the property.
Ton? Lund, Right of Yi�ay consullanl on behalf'gf the City of Blair
Project: Blair, NE (Hollow Road)
Tract No. 5
Dear Paula West:
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 va►ue 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,
To4 Lund
Right of Way consultant on behalf of City of Blair, Nebraska.
AP-10
CITY OF BLAIR, NEBRASKA
LOCAL POLITICAL SUBDIVISION
ACQUISITION CONTRACT
Project: Hollow Road
Tract No.: 5
THIS CONTRACT, made and entered into this day of 2023, by and between,
Paula West, 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" Land Acquisition Legal Description.
See Attached Exhibit "A" Land Acquisition Legal Description. Ac—
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.
3,920 s/f x $2.50 s/f = $9,800.00 rd. to
TOTAL
$ 9,800.00
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
Citv 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_Tille)
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
Dated this day of 20 23
On the above date, before me a General Notary Public duly commissioned and
qualified, personally came
Paula West
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 Washington
ss,
County
APPRAISAL REPORT
FOR
CITY OF
BLAIR, NEBRASKA
RE:
HOLLOW ROAD PROJECT
PAULA WEST
2362 HOLLOW ROAD
BLAIR, NEBRASKA
BY:
RUSS NELSEN
NELSEN APPRAISAL, SERVICES, INC
710 South 19"' Stccct
Blair, NE 68008
SUMMARY OF SALIENT FACTS
Property
Size
Location
Date of Appraisal
Property Rights
Improvements
Estimate of Value of Taking
TAX LOT 226
Total Lot Size - 36,155 SF
'faking - 3,920 SF
2362 1 follow Road, Blair, Nebraska
January 8, 2023
Fee Simple
One -Story House
$9,800
1 1 1) igc,
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 dcfensible 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 fce; 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 - R.cvised Edition (Ballinger Publishing
Company, Cambridge, Massachusetts, First Printing 1981), p. 102.
2 1 P �i ct e,
IMPROVEMENTS
The lot that includes a partial taking includes a one-story house.
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 8, 2023.
It is unknown if any trees ate to be removed. If that is the case, the owners to be
compensated per value of the trees.
SUBJECT LOT
The subject lot has a total of 36,155 SF. The lot has a slight slope to the street.
PROPOSED TAKING
The proposed taking is 33' wide strip of land adjacent to the north side of Hollow Road that
runs the width of the lot. '.I'he total taking contains .09 Acres or 3,920 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
Pricc/S1"
`G3.21/SF
Sale 1/4
Size
14,736 SI`
Pricc/Sl'-
$3.06/SF
Sale 115
Size
38,346 SF
Price/Sl.,
$2.00/Sly
Sale #6
Size
45,738 SF
Pricc/SF
$2.07/SF
Sale 117
Size
11,250 SF
Price/SF
$2.22/SF
3 1 1)�tge
The foregoing comparable sales range in size from a low of 11,250 SF to a high of 45,738
SI- with an arithmetic average of 26,991 SF.
They also range in price her square foot from a low of $2.00/SF to a high of $3.21/SF with
an arithmetic average of $2.51/SF.
Placing nearly equal weight on comparable sales, the subject has a called value of $2.50/Sh.
Value of Subject Taking; 3,920 SF @), $2.50/SF = $9,800
Value Called $9,800
Damage to remainder called — $0
"Total Value of Taking = $9,800
Russ Nelsen,
Cerli(ted Appraiser
Nelsen Appraisal Services, Ine,
ADDENDUM
12/7/2022
Parcel ID:
890041153
Map Number
890041153
State Geo Code
2371-14-0-02371-000-1153
Cadastral #
TL226
Photo Id Photo #2 Photo #3 Sketch 0
Images
Current Owner:
WEST, PAULA
2362 HOLLOW RD
BLAIR, NE 68008
Situs Address:
2362 HOLLOW RD BLAIR
Tax District:
208
School District:
BLAIR SCHOOL 1, 89-0001
Account Type:
Residential
Legal Description:
14 18 11 BC TL 226 14-18-11 114 PC 226
Lot Width:
N/A
Lot Depth:
N/A
Total Lot Size:
36154.80 scl ft
i"OIUorIts
Year Total Land
2022 $110,460 $35,385
2021 $104,805 $35,385
Outbuilding Dwelling
$145 $74,9301
$145 $69,275
Yearly Tax Information w
2022
Year Amount Levy I I
Description
Rate
2022 $2,037.18 1.950857 I I
CO HIST SOCIETY
0.00279100
JAIL BOND FUND
0.01780300
BLAIR CITY
0.33748300
ESU 3
0,01500000
METRO TECH
0.09500000
BLAIR SCHOOL 1
0,99000000
NRf1
0.03475800
COUNTY GENERAL
0.33479100
COUNTY AG
0,00355400
BLAIR SCHOOL 1 BOND
0,08759.100
BLAIR AIRPORT
0.02858800
PUBLIC SAFETY COMMUN 0,00349800
No previous sales information is available (for the past 5 years).
1 890041153
ffif arks
12/7/2022
Property Classification
Status: Improved Location: Urban
Property Class: Residential City Size: 5,001-12,000
Zoning: N/A Lot Size: 20,001 sq. tL - .99 ac.
Lot Width (ft) Lot Depth (ft) Description Lot Size
0.00 0.00 36,154,80 sq ft
onin :
N/A
Year Built:
0
Exterior:
N/A
Bedrooms:
0
Plumbing Fixtures:
0
Basement Size:
0 sq. ft
Building Size:
0 sq, ft
Quality:
Condition:
N/A
Style:
N/A
Bathrooms:
0.00
Heating/Cooling_
Min Finish:
0 sq. ft
Part Finish:
0 sq. ft
onin :
N/A
Condition:
Average
Year Built:
1935
S, tyle:
100% One Story
Exterior:
100% Frame, Siding, Wood
Bathrooms:
0.00
Bedrooms:
o
Heating Cooling:
100% Warmed & Cooled Air
Plumbing Fixtures:
8
Min Finish:
0 sq. ft
Basement Size:
0 sq. ft
Part Finish:
0 sq. ft
Building Size,
942 sq. ft
Garages:
Attached Garage(SF)
Quality:
Fair +
Gara�c e 1 Size:
384 sq. ft
Description
YAf4D SI I[D
YARD SHED
PATIO
CONCRETE DRIVE
OPEN SLAB W/STEPS
OPEN SLAB PORCH
Units
Value
304
('>6,1(35
96
$1,945
56
$300
'I00
$2,490
120
$2,065
20
$190
Description Units_ Year Built Cost
OLD BLDG COST -RA 280 $145
2
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TAX LOT 226 ROW AQUZSITION
PAULA WEST
TAX LOT
221 1" PINCH TOP PIPE
�o
o f;j
o /
603.60'(IA) J
5/8" R-EBAR W/1.1/4" YPC
"SURVEY MARKER LS 760"
Sw Colt, Nr1/4 Sw1/4
SEC, 14-TIRN-RIIE
Lr013ND
MO N61,1r:Prr T)VO
I.S NIJKli rri; r
01.01, nT6u I'OITir
RI %1l!AsU01!D OITANCE
It NUCONUUIeANCII ORAPHICSCALL
1�{nrqulxlnnunnl!n I.
NOT'r;; ALI. BEARINGS ARB ASSUMED.
ILA I,I
TAX LOT
226
800'33'20"E
117,84'IMI
117.30'(M)117,10'(R)
SOUTH LINE of TAX LOT 226 AND
SOUTH LINE OF NEIM SWIM SEC. 14-W-1 I
VICINITY SKII'CH
WASHINGTON COUNTY
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SEC,14•TIRN-RILE
LEGAL DESCItIP'1'ION:
THE SOUTH 33,00 FEET OF TAX LOT 226, LOCATED IN THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 14 TOWNSHIP 10 NORTH, RANGE 11 EAST, OF THE
OTH PRINCIPAL. MERIDIAN, WASHINGTON COUNTY, NEBRASI<A,
CONTAINING 0.00 ACRES, MORE OR LESS
5 of 171 .12/6/2022, 3:00 PM
TL 226
1904 South St., Ste 105,
Blair, NE 68008
Title Office 402-4264844
aft �I A.IRj TL Closing Office 402-426-9191
Fax 402-426-4811
www.bla"tle.com
TITLE CERTIFICATE
Tax Parcel ID #890041153
Blair Title File #23386
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 EXHIBIT "A" attached hereto and by this reference made a part hereof.
TITLE 'VESTED IN:
Paula West, married. (Instrument No. 2017-00362)
PROPERTY ADDRESS AS SHOWN ON ASSESSOR'S ROLLS:
2362 Hollow Road, Blair, NE 68008
PROPERTY OWNERS MAILING ADDRES AS SHOWN ON ASSESSOR'S ROLLS:
2362 Hollow Road, Blair, NE 68008
MORTGAGES AND/OR DEEDS OF TRUST
(Pursuant to Nebraska Title Standard No. 1.4 and Nebr. Rev. Stat. §25-202 and §76-239):
DEED OF TRUST dated January 25, 2017, recorded January 31, 2017 at Instrument No. 2017-
00363, given by Paula West and Larry James West, wife and husband, as Trustor, given to
Fidelity National Title Insurance Company, as Trustee, and Mortgage Electronic Registration
Systems, Inc., ("MERS"), as Beneficiary, acting Solely as a nominee for Freedom Mortgage
Corporation, as Lender, securing the principal sum of $51,000.00.
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.: 890041153
2022 taxes in the amount of $2,154.92 show a tax credit of $117.74;
The balance of $2,037.18 became due December 31, 2022;
1" half and all prior taxes shown paid;
2° 1 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 ID #890041153
Blair Title File #23386
West
EASEMENTS, RESERVATIONS & RESTRICTIONS:
SEE EXHIBIT "B" attached hereto and by this reference made a part hereof.
DATED: August 3, 2023 at 8:00 AM
.&OTLE
BLAIR AB3TRA $OMPANY
DBA BLAIR TITL
By: KELLY J, LAWSON
Registered Abstracter #777
Certificate of Authority #43
NOTICE:
This Certificate is not an abstract of title in that it is not a complete compilation of all facts of record
relative to the property.
This Certificate is not an opinion on the title nor is it a commitment to issue title insurance nor is this a
policy of title insurance.
Tax Parcel ID #890041153
Blair Title File #23386
West
EXHIBIT "A"
LEGAL DESCRIPTION
Tax Lot 226 in Section 14, Township 18 North, Range 11 East of the 6`h P.M., in the City of
Blair, Washington County, Nebraska
Tax Parcel ID #890041153
Blair Title File 423386
West
:
EASEMENTS, RESERVATIONS AND RESTRICTIONS
EASEMENT dated April 29, 1993, recorded May 28, 1993 in Record Book 216, Page 445.
Grants an easement to Omaha Public Power District, its successors and assigns.
LOT SPLIT recorded January 15, 1993 in 212, Pages 148-149.
CITY OF BLAIR ZONING REGULATIONS including but not limited to those recorded:
October 13, 1972 in Deed Book 71, Page 467;
January 8, 1982 in Record Book 134, Page 496
AND .ANY AND ALL AMENDMENTS THERETO
R IJ S S E: S
go,00E _
240. 24'
i
—1-& x. L o+ aa7
TRACT NO. 2
Remainder at
Tax Lot 225
= 3.74 Acres
0
to
E
Io
4
08
R$
FENCE
t 187.43 (c)
9a 28' 30 • E
rp c
89. a m j"Ly
89a47'01" W
99.64'
(cl T. L.da(p S"v
3 TRACT No. (
1 0.83 Ac,
nt
ti O
mo 0
O MO�Se ti
z
]t iol.li Icl 117. 10
CCCJJJ N 90o00 W
t nssuwrol
a°
tNe �P
RBI( CA58'tl
SEL
148
FILE
93 JAN IS P1112: 50
CHARLOTTE LJLTLh; LH
WASRINCTON "UNTY,CLERn
tlLAlfj, NI:OR..
� � TREASURER'S
Thin in to
regular or ept
88aIns t the pt
Sur"yor's Ct
this Plot as t
Office,
Data:
W
O •�
STA1
O RIM
P cos
8 PT
cou
O SD 100 DER
L E 0 E N o
1 Scale I inch - IOD feet
(R) Distance on Record
mo (c) Computed Distance
(m) Measured Distance
ao v p Found 1" Pinched -top Pipe
Ioo4c: 7 pound I 1/4"Pieahed-top Pipe
O Set ''/2"x 20"Rebor
al Qo o° (D Corner Computed (Not Sol)
a
b
N 190. 43'(R) SURVEY
0
m I ,
11 nr
s:i
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at
or
e aoas17eog/etao,Av�t'r:ja�a�an
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' h TO eE �DV ea ��"o I4.7'�3t7.G
E �[691 {P�D/�:�R
3 h urrnolsas
4o Jo N
a.a,W, LINE L 0
N�5°00 w COUNTY ROAD N0. 422
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L E G A L D E S C R I P T 1 0 N S:
TZLx w+ as
TRACT NO. 1:
Part of Tax Lot 225 lying in the NE4 SW> of Section 14,
Township IS North, Range 11 East of the 6th P.N.. Washington
'
Connty, Nebraska, and more particularly described ae follows:
From Lhe southeast corner of Tax Lot 225 in said Section 14,
CERTIFICATION:
T 18 N, R 11 E; thence N 90.00' W (assumed bearing) along
the south Iina of the NEk SWII,also being the south line of
ertify that I find no
said Tax Lot 225, a distance of 20.00 feet to the Point Of
isl taxes due or delinquent
Beginning; thence N 90000' W along said south line a
,party described in the
distance of 117.10 feet; thence N 01107'14" W a distance
tlticate and embraced within
of 187.53 feet; thence S 89.47'01" W a distance of 99.84
,own by the Records of this
feet] thence N 00.06'14" W a distance of 69.29 feat;
thence N 8T 830" E e distance of 18.7.43 feet; thence
S 21°34'21" E a distance of 69,72 feet to a point 20.00
feet vest of the east line of said Tax Lot 225; thence
S 00106'20" E parallel to and 20.00 feet west of amid east
�_.t,p
line a distance of 174.69 feat to the Point Of Beginning;
,Atop Count} t4reasurer v 6
and containing 0.83 Acres, more or leas.
TaX Lo'1- -Za7
OF NEBAAPKA COUNTYOP WASWNpTnl+l se
TRACT No. 2:
glryNuraewc��woexAN Ae
onv oP
Part of Tax Let 225 lying in th,: 4ek SWk of Section 14,
Township 18 North, Range 11 East of the 6th P,M., Washington
WAMORDED IN BOOK
County, Nebraska, and more particularly described as follows:
�•_AT PA E_— y
beginning nt Lite southeast corner of Tax Lot 225 in said
n•ctEax
Section IA. T 18 N, R 11 E; thence N 90.00' W along the
y
south line of the NEk SWII of said Section, also being the
south line of said Tnx Lot 225, a distance of 20,00 feet;
thence N 00.06'20" W a distance of 174,69 feet; thence
N 21'34'21" W a distance of 89.72 feet; thence S 89.28,
30" W a distance -of 187,4) feet to the vast line of said
f°fO' — ✓-
Tax Lot 225•, thence N 00°06'14" W along said west line a
Grnr.:': -•• '"-"J"�
distance of 651.09 feet to the northwest corner of said Tax
Lot; thence N 90.00' E along the north line of said tax
h,: 1�----
Lot a distance of 240.24 feet to the northeast corner of
il''t•"` `-�•�~J-y_
said Tax Lot; thence S 00106'20" E along the east line
of said Tax Lot a distance of 907.50 feet to the Point Of
Beginning; and containing 3.74 Acres, more dr less.
,R'S CERTIFICATION:
I hereby
certify that the survey shown
de>erlhed
hereon was made under my direct
,ervision and
that I am a duly Registered
id Surveyor
under the lags of the State of
�raska.
I further certify that this
vey is based
upon a survey made by myself
dated November
24, 1992.
a,Richard
L. Hansen
Registered Land Surveyor
p'f1d
Registration No, LS-382
Date: December 9, 1992•
e �;a
Client: Tim Nietfeld
eU
5ti,,•:
A T 1 0 N N A P
( Not to Scale )
45SCis
Iilo�
TA
•.L•
It 1 r.a.ioa
11
223
rt „ o eT
'•�. ir•
L M
PLANNiNC COMMISSION APPROVAL:
This Lot Split of T.L. 225
as shown and described hereon was
approved by the Blair Planning
Com Insion on thin $ day
of 19 ,
N C
CMAIRMAN T
CITY COUNCIL APPROVAL[
r""rrrrr rr'r+,,,
This Lot Split of T.L. 225
G��((OFBCQ�'•,
" `•. �1'�
as shown and described hereon was
•,p
• CITYOF 'p
approved and accepted by the City
Council of the City of Blair,
Nebraska, on this )Z'EV, dey� of
SEAL :>�=
5an a.D., 1993
FIRST CLASS
�•• 1961
ATTE lAQi�.t�.Qao, ,IA�.r
Blair City er
B tt�
BLAIR ENGINEERING
8 SURVEYING CO. INC:
\7
IS �. a.WS8,w, Srreer
C
anv,Ntb-$4 6000m
Q
B1
4e2 126•H I!
`
STAT5 OF NEDR•tSKA Cool rY OF WASMNGTOW) SSA()5 L0
Td.1
! -, �L1C pp1NER pISTRIC'F
O"� t:^
�/
41,
_.n EP.ED It NNAEP.I�,A,�� yINsDEX ANO FIL[O FOR RF. D
TH +�OAYPK r , rAD.Is.
9'o Real es!atre Division
444 South 16th Street Mali+
t— f (r I !
AT O'QOGK a 70 REGORDW tN OOK
nuurY*A1
Omaha, NE 68102/247
1Ewm a .
93 MAY 28 Ali II.25
✓
CIIARLOTTEL.PETErSU;
14ASHMG1011 C0811TY,CLERY
.
MG-1
RLAIR, HEAR.
Doc tit
April 20, 1993
RIGHT—OF—WAY EASEMENT
Konda K. and Tim Nietfeld ownen(e)
of the real estate desodbed as follows, and heteatkr refrred to as 'Greater',
Pan of Tax Lot 225 lying in the NEV, SWM of Section 14, Township 18 North, Range 11 Rau of the 6th P.M.,
Wnahington County, Nebraska, and more pmniaulaly desen'bed as follows: Beginning at the southeast comer of Tax lot
225 in said acetion 14, township 18 N, Range 11 E; thence N90°00'W along the south lice of the NEti SWIA of said
Section, also being the torah line of said Tax Lot 225, a distance of 20 feet; theses NOO°06'20'W a dletaaca of 174.69
fat; thence N21"34'21'W a distance of 89.72 feet; theses S89°28%-W a distance of 187.43 fact to the weal tins of
said Tax Lot2,25; thence N00.O6'l4'Walong Wdwm lino a distance of651.091ee1 tothe northwest comer ofsaid Tax
Lot; thence N90'00' B along the north line of said Tax Lot a distance of 240.24 feat to the northeast tamer of said Tax
Lot; ihrnee SW06'20'E along the east line of mid Tax Lot a distance of 9074O feet to the Fold of Beginning; and
containing 3.74 acres, more or less.
in consideration of the aura of One Dollar ($1." and other valuable consideration, receipt of which is hereby acknowledged, do hereby grew
to the OMAHA PUBLIC POWER DISTRICT, a public corporation, its successors and assigns, hereafter referred w as'District", a pen tamnt
right of way easement with rights of ingresa and egress thereto, to construct, oporaw, maintain, replace and remove its underground electric
facilities, consisting of cables, wires, conduits, manbolw, dmim, splicing boxca and other appurtenances, upon, over, along and under the
following described teal estate, to wit:
A strip of land Ten feet (101) in width being Five feet (5r) either
side of the District's Underground Facilities as ccnstructed.
CONDITIONS:
The Grantor hereby grants to the District, its successor and amlgr a, the righl, privilege and authority to clear all treca, cools, brush, and other
obstructions from the surface end subsurface of said strip and to temporarily open any fences crossing avid strip. Grantor agrees that grade shall
not be reduced more than One foot (1) in elevation without the prior approval of the District. The Grardar understands that a single pole and
apponenances rosy be used to provide service to This property.
In granting this easement, it is understood that said cables shall be buried below plow depth In order to not interfere with the ordinary cultivation
of the ship. Damages to feences and growing crops arising from the construction and maintenance of the afomsaid system shall be paid for by
the District.
The Grantor covenants that helthey hasthave lawful possession of said real estate, good, right and lawful authority to make such eanvoyanee
and that his/her/their heirs, executors, administrators, successors and assigns shall warrant and defend the acme and will indemnify and hold
barmiam the District forever against the claims Of all persons whomsoever in anyway asserting any right, tide or interest prior to or contrary
to this conveyance.
IN WITNFSS WHEREOF, the Owner(¢) have executed thin instrument this 29th day of April ,19 93
OWNERS StGNATUR M
Konda K. Nietfeld
Tim Nietfeld
CORPORATE ACKNOWf EDGEMEN'I'
STATg OF
COUNTY OF
On this day of I _ before
me the undersigned, A Notary Publm in sad for said County,
petsonally came
President of
personally
to me known to be the identical persou(s) who signed the foregoing
instrument as gramor(s) and who ackuowdpdgad the execution
thcroof to be voluntary net and deed for the purpose
therein expressed.
Witness my hand and Notarial Sol the date above writicu.
IND1 MIYAL ACKNOWLEDGEMENT
COUNTY Nebra�
COUNTY OF_..= o�
On this Z 9 _day of l ,19_ A, before
me the undarsigned, a Notary Public in and for said County and
state, personally appeared
personally to me knuwn to be the id-flwi perwn(s) and who
acknowledged the execution thereof to be their. voluntaryact
and deed f r the purpose therein expressed_
Witness my hand and Notarial Seal the date above written.
NOTARY PUBLIC NOTARY FUBf1
M1i N.Ymm6OI geEiatka
lh�e�'uE�F'�Y�g
Disubution Engineer Dato Property Management Date
SrCt(ott,,,_ wk 14 Township T f Nona, Rnnga 1 j East
Salesman 7.ink Eogineor Pink _E.st.B_,_^ 93OD65Dil W.0.9
4�) h.,
AILED
�F-et'a8. A DMci' TAX
clliw�ea r � 05 JUN 21 PM 3, 39
S�'A
D ByG�� ) _ 9ARL1iiEL,,TERSEN
Y�isSElIFlGTQ# �t1N7i',CLi?R�b
81;�R; Nay •
fteral
Numerical
photostat
pmotec
KNOW ALL MEN BY THESE PRE SENTS:
THAT I or We, Paula Thompson, formerly known as Paula Thompson Birmingham, also
known as Paula T. Birmingham, a single person
herein called the grantor whether one or more,
in consideration of CORRECTION OF TITLE---------------------------.--------------------------
received from grantee, do hereby grant; bargain, sell, eonvey and confirm, unto
Paula Thompson, a single person
called the grantee whether one or more, the following described real -property in
Washington County Nebraska
Tag Lot 226 in Section 14, Township 18 North, Range 11 Bast of the 6th P.M.,
in the City of Blair, Washington County, Nebraska.
To have and to hold the above described premises together with all tenements, hereditaments and appur•
ie.,namees thereto belonging unto the grantee and to grantee's heirs and assigns forever.
And the grantor does hereby covenant with the grantee and with grantee's heirs and assigns that grantor,
is lawfully seised of said premises; that they are free from encumbrance
that grantor has good right and lawful authority to convey the same; and that grantor warrants and will defend
the title to said promises against the lawful claims of all persons whomsoever.
Dated J Fyj9 L::� 2005
Peula xhompson, formerly known as
Eau1a Thompson Bixmi.ngham.,..a�-SA..�DwJ� , as.. ................................................. .
Paula T. Birmingham
State of AOXMM ...............
County of ..Washington
.................
The foregoing instrument was acknowledged before me on ... .......2006--.
by Paula Thomson, formerly„ knolan as. Paula„ hompson GBirminghaip,, 419 ,isigW3}, as,,,,,,,,,,
Paula T. Birmingham, a single person zv/� ..........
NQ�� PUBLIC
pR�0yS1d16Pi`i(89
STATE OF... XE13W] A........ r ...... � °�4lbaeh2soN s¢e
County ...Washington ................. aCO szoc�
Entered on numerical index and filed for record in the Register of Deeds Office of said County the
! /,A$..day of.... �. at...,3...... o'clock aud..39..... minutes � .......M.,
and recorded in Book.... . of. OLt
.CAid,14..... atpage ... ..........
v� Reg{. of Deeds
By �,w4-, !!. lC4 l!11...........Deputy
W-, 41QQ
WASHINGTON COUNTY, STATE OF NEBRASKA
Instrument Number 2017-00362
.terry CL.ftadAew
REGISTER OF DEEDS
Recorded
General
Numerical
Photostat
Proofed
Scanned
NEBRASKA DOCUMENTARY
STAMP TAX
Date: 01 /31 /17
$ Ex004 By CS
RECORDATION REQUESTED BYAWTURN TO:
SURETY LENDER SERVICES
5000 ATRIUM WAY
MOUNT LAUREL, NJ 08054
QUITCLAIM DEED
FILED
2017 Jan-31 AM 11:01
KAREN A. MADSEN
WASHINGTON COUNTY
REGISTER OF DEEDS
BLAIR, NE
THE QUITCLAIM DEED, Executed this 1. day of �"I- 2ii , by first party
PAULA WEST FORMERLY KNOWN AS PAULA THOMPSON,'to second party PAULA WEST,
MARRIED.
WITNESSTH, That the said first party, for good consideration paid by the said second party, the receipt
whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party
forever, all the right, title, interest and claim which the said first party has in and to the following
described parcel of land, and improvements and appurtenances thereto in the County of WASHINGTON,
State of Nebraska, to wit:
TAX LOT 226 IN SECTION 14, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P M.,
CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; AND COMMONLY DESCRIBED
AS 2362 HOLLOW ROAD, BLAIR, NEBRASKA.
APN: 890041153
Property Address: 2362 HOLLOW ROAD, BLAIR, NE 68008
Page Count 2
2017-00362
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first
above written.
PAULA WEST F/K/A PAULA THOMPSON
STATE OF NEB l
COUNTY OF
The foregoing instrument was acknowledged before me this �U V��1 f�!r 2� 4
(date) by
PAULA WEST F/K/A PAULA THOMPSON.
(Seal)
GENEML NOTAGy- State of Nahraaka � C l iL1cow � /
TE55AN0RAL.0ASCO�M1 NIEISEN No Public
MyComm,Eup.August31,2020 �j �v
My Commission Expires:
Deed Prepared By:
STEVE HOLLAND, Attorney at Law
1635 FOXTRAIL DRIVE
LOVELAND, CO 80538
2017-00362
WASMNGTON COUNTY, STATE OF NE BRAS"
Instrument Number 2017-00363
jQ"w cL #naduemi
REGISTER OF AREAS
Recorded
General
Numerical
Photostat
Proofed
Scanned
Retum To:Freedom Mortgage Corporation
Attn: Final Documents
P.O. Box 8001
Fishers, IN 46038-8001
Prepared By:
Deed of Trust
Definitions
FILED
2017 Jan-31 AM 11:01
KAREN A. MADSEN
WASHINGTON COUNTY
REGISTER OF DEEDS
BLAIR, NE
MIN 1000730-0097848485-5
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) "Security Instrument" means this document, which is dated January 25, 2017 , together with all
Riders to this document.
(B) "Borrower" is Paula West and Larry James West, wife and husband.
Borrower is the trustor under this Security Instrument,
227497732
NEIIRASKASimle Famlly-Fannie MaelFreddie Mac UNIFORM INSTRUMENT WITH MERE
VMP
Wolters Kluwer Financial Services
0097848485
Form 30281101
VMPDA(Np (1302).DD
Page 1 el 17
Page Count 18
2017-00363
(C) "Lender' is Freedom Mortgage Corporation
Lender is a Corporation
organized and existing under the laws of The State of New Jersey
Lender's address is 907 Pleasant Valley Av Ste 3, Mount Laurel, NJ 08054
(D) "Trustee" is Fidelity National Title Insurance Company
(E) "MERS" is Mortgage Electronic Registration Systems, Inc.'MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MERS Is the beneficiary under this
Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and
telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel, (888) 679-MERS,
(F) "Note" means the promissory note signed by Borrower and dated January 25, 2017 . The Note
states that Borrower owes Lender Fifty one Thousand and 00/100
Dollars (U.S. $ 51, 000. 00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than February 1, 2032 .
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(H) "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.
(1) "Riders" 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];
❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider
❑ Balloon Rider ❑ Planned Unit Development Rider ❑ IA Family Rider
❑ VA Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify]
(J) "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,
(I) "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.
(L) "Electronic Funds Transfer' means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initialed 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.
(M) "Escrow Items" means those items that are described in Section 3,
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(N) "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 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other tatting of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U. S.C. Section 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.
(R) "Successor in Interest of Borrower" means any party that has taken title 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
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and
assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment
of the Loan, and all renewals, extensions and modifications of the Note; and (ii) 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 of Washington
(Ti pe of Recording Jurisdiction) (Nance of Recording Jurisdiction)
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
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Parcel 1D Number: 890041153 which currently has the address of
2362 Hollow Rd (Street)
Blair (Ch ), Nebraska 68008 (Zip Code)
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the,property, and all easements,
appurtenances, and fixtures now or hereafter 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." Borrower understands and agrees that MERS holds only legal title to the interest granted by Borrower
in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and
Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited
to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not
limited to, releasing and canceling this Security Instrument,
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.
THIS 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:
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 payment 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 unapplied 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 funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have
now or in the future against Lender shall relieve Borrower from making payments due under the Note and
this Security Instrument or performing the covenants and agreements secured by this Security Instrument,
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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 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 from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full, 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 Note
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 a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any,
or any sums 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 be an 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 Leader and, if Lender requires, shall furnish to Lender receipts
evidencing such payment within such time period as Lender may require. Borrower's obligation to make
such payments and to provide receipts shall for all purposes he 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 under 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 Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
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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, Lender 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 funds in accordance with RESPA. If there is a shortage 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 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 up the deficiency in
accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines,.and impositions 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 in 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 lien while those proceedings are pending, but only until such proceedings are
concluded; or (e) 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 lien 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.
5. 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 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
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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 fails 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 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 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, 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 under the Note or this Security Instrument, whether or not then due.
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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; Inspections. 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 interior of the improvements on the Property. Lender shall give Borrower
notice at the time of or prior to such an interior inspection specifying such reasonable cause.
B. 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 material information) in 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 Security 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 a lien 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 in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to; (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (e) 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 utilities 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.
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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 in 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 the 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 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 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
terms 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 fiords
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 reinsurer, any
other entity, or any affiliate 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;
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(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. Stich 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 cancellation of file
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive
a refund of any Mortgage Insurance premiums flint 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.
If the Property is damaged, such Miscellaneous 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 such 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 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. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, 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
227497732 0097848485
NEBRASKA•singlo Famlly-Fannie Maffreddie Mac UNIFORM INSTRUMENT WITH IAERS Form 3020 1101
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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.
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 the Property or other material impairment of Lender's interest in 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 be 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 in 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.
U 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 %vho 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 in
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.
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 ate expressly prohibited by this Security Instrument or by Applicable Law,
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NEBRAWSIngle Family -Fannie MaelFreddle Mac UNIFORM INSTRUMENT WITH MERS Form 3028 1101
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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
writing. 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 shall 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 mailing 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; Severability; Rules of Construction. 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 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,
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in
the Propertymeans 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.
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NEBRAW-Singlo FamllyFamle Mae!Fredd o Mac UNIFORM INSTRUMENT Wmi MERS Form 3I30028 1101
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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 fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by this 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 no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (e) 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 the following
forms, as selected by Lender; (a) cash; (b) money order; (e) 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 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. Sale of Note; Change of loan Servicer; 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 (known 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 Servicer and are not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other patty'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.
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21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" 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
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environnental
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 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, Ieaking, 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 remediation 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 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 (but not prior to
acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: (a)
the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date
the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure 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 Borrower 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 full 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. Lender 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.
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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 designated in the notice of sale
in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any
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 (c) any excess to the person or persons legally
entitled to it.
23. Reeonveyanee. 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
title, power and duties 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.
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
L
any Rider executed by Borrower and recorded with it.
J (Seal)
Paula west -Borrower
(Seal)
6a;rry -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
❑ Refer to the attached Signature Addendum for additional parties and signatures.
227497732 UU9rUytsyao
N®RASKA-Single Family -Fannie MaelFreddia Mac UNIFORM INSTRUMENT WITH HERS Form 302E 1101
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Acknowledgment
State of NC
County of Washington
This instrument was acknowledged before me on January 25, 2017 by
Paula West and Larry James West, wife and husband,
Notary Public
My Commission erpireS:'%[ I Li
Loan origination organization Freedom Mortgage Corporation
NMLSID 2767
Loan originator Bruce Anthony Stephens Jr
NMLS ID 1431242
227497732
NEBPASKASingle Family -Fannie MaelFreddie Mac UNIFORM INSTRUMENT WITH HERS
VMP
Wollets Kluwer Flnandal Services
GEMI NOTARY ofNelxaska
TES542!Vi L. EMCOM-NIE�SEN
`f' MyComm.N-k9US131,2020
0097848485
Form 3028 1101
VMF6A(14.117o
E) (13l)2�.00
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Exhibit A
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BLAIR,
COUNTY OF WASHINGTON, STATE OF NEBRASKA, AND IS DESCRIBED AS
FOLLOWS:
TAX LOT 2261N SECTION 14, TOWNSHIP 18 NORTH, RANGE 1 I EAST OF THE 6TH P
M., CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; AND COMMONLY
DESCRIBED AS 2362 HOLLOW ROAD, BLAIR, NEBRASKA,
Parcel ID: 890041153
Commonly known as 2362 Hollow Road, Blair, NE 68008
However, by showing this address no additional coverage is provided
2017-00363