2023-10-30 Madsen Josuha & Kari-DeedWASHINGTON COUNTY NEBRASKA
Filed for record on October 30, 2023 at 08:31 AM
Instrument No. 2023-02721
(3 Pages)
Carolyn M Stodola, Register of Deeds
NEBRASKA DOCUMENTARY
STAMP TAX
Oct 30, 2023
Exempt-2 By: AH
Recorded 1/'
General
Numerical
Photostat
Prooiecl
Scannod `
WARRANTY DEED —INDIVIDUAL (page 1)
PROJECT: Hollow Road TRACT: 7
KNOW ALL MEN BY THESE PRESENTS:
THAT: Joshua R, Madsen and Kari J, Madsen, husband and wife, as joint tenants with rights of
survivorship and not as tenants in common, hereinafter known as the Grantor, whether one or
more, for and in consideration of the sum of Six thousand five hundred forty and 00/100
dollars-($6,540) 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 'Tp, f - ,7
TO HAVE AND TO HOLD said real property, hereby known to include real estate together with all
Tenements, Hereditaments and Appurtenances thereunto belonging, unto CITY OF BLAIR, A
NEBRASKA MUNICIPAL CORPORATION, and to its successors and assigns forever.
Said Grantor does hereby covenant with CITY OF BLAIR, A NEBRASKA MUNICIPAL
CORPORATION, and with its successors and assigns; that said Grantor is lawfully seized of said
real property; that said real property is free from encumbrance; that said Grantor is duly authorized
to sell said real property; that said Grantor warrants and will defend that title to said real property
against the lawful claims of all persons, whomsoever.
WARRANTY DEED — (page 2)
PROJECT: Hollow Road
Duly executed this IS day of ®G�obe-(
Joghua-R. Ma
STATE OF NEBRASKA )
) ss.
COUNTY WASHINGTON )
TRACT: 7
Kari J. Madsen
12023.
On this � day of 06b� ow , A.D,, 2023, before me, a General
Notary Public, duly commissioned and qualified, personally came
_ Joshua R. Madsen and Kari J. Madsen
to me known the identical person or persons who signed the foregoing instrument as Grantor(s)
and acknowledged the execution thereof to be his, her or their voluntary act and deed.
WITNESS my hand and notarial seal the day and year last above written
C'� (0"0- �5 Notary Public.
My commission expires the day of NAarck 20 2 .
CINERAL NOTARY • State of Nebraska
GRACE STEVENS
My Comm. Exp. March 21, 2027
TAX LOT 163 ROW AQUISITION
JOSHUA R & KAKI J MADSEN
w�
i�
00
0
Z M
721.24'(M) /
5/8" REBAR W/1-1/4" YPC
"SURVEY MARKER LS 760"
SW COR, NE1/4, SW1/4
SEC. 14-TI8N-RILE
1" PINCH TOP PIPE
TAX LOT
163
SB9'33'28"E
190.82'(M)
1-1/2" PINCH TOP PIPE
NB9'33'28"W
190.84'(M) 190.43'(R)
1/2" REBAR
SOUTH LINE OF TAX LOT 163 AND
SOUTH LINE OF NE1/4, SWIM, SEC, 14-18.11
VICINITY SKETCH
• \VASHINGTON COUNTY
NEBRASKA
RIIE
LEGEND
MUNUMIiNI' 1'UUND
MONI1MI:N I'Sli'I' em vt I w:vl
CALCUI,n'I'I' POINT'
M W BURE•.9DIS'I'ANCIi z_
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LEGAL DESCRIPTION
TAX LOT
158
410.01'(M) /
1/2" REBAR
SE COR, NE1/4, SW 1/4
SEC. 14-TISN-RILE
THE SOUTH 33.00 FEET OF TAX LOT 163, 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 0.15 ACRES, MORE OR LESS.
2023-02721
CITY OF BLAIR, NEBRASKA
LOCAL POLITICAL SUBDIVISION
ACQUISITION CONTRACT
Project: Hollow Road
Tract No.: 7
THIS CONTRACT, made and entered into this day of 2023, by and between,
Joshua R. Madsen and Kari J. Madsen, 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.
6,534 s/f x $1.00 s/f = $6,534.00 rd. to
TOTAL
$ 6,540.00
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
Dated this A "1 day of () (r fo 64e-v- , 20 23
On the above dale, before me a General Notary Public duly commissioned and
qualified, personally came
K_ �ZN.rh , CL44 Illy
(_Name,and. Title)
On behalf of the Cltyo(_Blair Nebraska
to me known to be the identical person whose name affixed
to the foregoing instrument as grantor . and acknowledged the same to
be a voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year above written.
Notary
STATE OF Nebraska
ss.
Washington County
GENERAL NOTARY - Si�tr, et Nebraska
BRENDA {Z WHEELER
My Comm. Fop• June'�0, 202h
Dated this , day of 20 23
On the above date, before me a General Notary Public duly commissioned and
qualified, personally came
Joshua R. Madsen.and. Kari J. Madsen
to me known to be the identical persons
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 Seal the day and year above written.
Notary ._ GYac e
STATE OF Nebraska
Washington County
GENERAL NOTARY • State of Nebraska
GRACE STEVENS
My Comm, Exp, March 21, 2027
ss.
TAX LOT 163 ROW AQUISITION
JOSHUA R & KAKI J MADSEN
V PINCH TOP PIPE
TAX LOT
TAX LOT
163
158
1-1/2" PINCH TOP PIPE
S89°33'28"E
190.82'(M)
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U) M
721.24'(M) J
NB9°33'28"W
190.84'(M) 190.43'(R)
410.01' M
( )
1/2" REBAR
5/8" REBAR W/1-1/4" YPC
SOUTH LINE OF TAX LOT 163 AND
1/2" REBAR
"SURVEY MARKER LS 760"
SOUTH LINE OF NE1/4, SW1/4, SEC, 14-18-11
SE COR. NE1/4, SW1/4
SW COR, NE1/4, SW1/4
SEC. 14-T18N-RI I
SEC. 14-T18N-RITE
VICINITY SKETCH
WASHINGTON COUNTY
NEBRASKA
R11E
LEGEND
MONUME9I'I70UND
MONUMENT' SET H,v va I Rn lu
CALCULATED POINT'
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P.l—yln0I21)1697.00- City of Dlnlf Hollow Road ROM 6urvoylO,o,vin0e\SV 201597.00 Eoeam°nl d.v4, on MM020 3 59 PM.
LEGAL DESCRIPTION:
THE SOUTH 33.00 FEET OF TAX LOT 163, 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 0.15 ACRES, MORE OR LESS.
CERTIFICATE OF NEGOTIATOR
Project No Blair, NE Hollow Road
Tract No. 7
Property Owner Joshua and Kari Madsen
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 upo .
f
Negotiator
F M
® NEGOTIATION
CALL REPORT
❑ RELOCATION ASSISTANCE
CALL DATE
AMOUNT
SALVAGE
COUNTER
PERSONS PRESENT ON
VISIT
NO
OFFERED
OFFERED
OFFER
09/30/23
$6,540.00
none
$9,810.00
Josh Madsen
1
10/11/23
$6,540.00
"
2
REPORT OF DISCUSSION:
09/30/23
1 met with Josh Madsen at his home in Blair, Nebraska. He said he has reviewed all of the ROW documents and the
appraisal. He said he feels the $1.00 s/f value offer was a liitle low for his property. He said he thought it should
6e . b6ftAwlt $1.50 per s/f. I told him I would talk to the City of Blair regarding his counter offer and get back with
him.
10/11/23
1 called Josh Madsen and told him his counter offer of $9,810.00 was not accepted by the City of Blair. He said he was
very disappointed about their decision but would accept the original offer and mail me the signed ROW
documents. I thanked him for his time and this ended our telephone conversation.
PROJECT NUMBER:
TRACT NUMBER:
PROPERTY TENANT:
Hollow Road
7
None
AGENT: (Signs cO'
DATE:
�C, >��
PROPERTY OWNER:
Josh and Kari Madsen
TYPED NAME OF AGENT:
TOM LUND
AP-12
CITY OF BLAIR, NEBRASKA
Just Compensation Determination
Project: Blair, NE, Hollow Road
Tract No.: 7
Property Owner: Joshua and Karl Madsen
Having reviewed all of the pertinent facts and information available, my determination is that
$6,640,00 is Just Compensation for this tract, The City's minimum Just Compensation for this
tract is not less than $6,540.00. 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,
Date Name/title of City of Blair, NE
y
August 8, 2023
Joshua and Kari Madsen
232.0 Hollow Road
Blair, NE 68008
RE: Project: Blair (Hollow Road)
Tract: 7
Dear Mr. and Mrs. Madsen:
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
tlund3 l 1 wahoo.com
Thank you for your cooperation in this matter and I look forward to speaking with you soon.
Sincerely,
Torn Lund
On behalf of the City of Blair
Enclosure
:....................................................................................... ........................ ...................................
.
FOR OFFICE USr ONLY
............................<......................................................,.................................................. <
P�ro,icct: Blair, NE (Hollow Road)
E...............Fract No.: € 7 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, Tom Lund, on behalf of the City of'Blair, Nebraska, upon his first
visit of negotiating, provide the owner(s) of real property, Joshua R. Madsen and Kari J. Madsen, with this written
statement of offer made to acquire the property rights as outlined below,
This ofi'er 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:
6,534 s/)`x $ 1.00 s/f = $6,534.00 rd. to $ 6,540.00
AMOUNT OFFERED = $ 6,540.00
This offer is being made on U �5� , 2023, and the total amount of this offer
is $ 6,540.00
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
Project: Blair, NE (Hollow Road)
Tract No. 7
Dear Joshua R. Madsen and Kari J. Madsen:
This letter contains information about our proposed partial acquisition from your property.
Our offer contained in the contracts you have received is based on a reviewed estimate
of just compensation that we believe reflects the fair market value of your property.
The legal title we need is:
Land Acquisition
The improvements we are purchasing from you are:
None
The improvements we are purchasing that are owned by someone else are:
None
You will not be paid for these improvements because someone else owns them.
We will pay reasonable, necessary costs for the following:
a. Recording fees, transfer taxes, documentary stamps, evidence of title, boundary
surveys, legal descriptions, and similar expenses incidental to selling us your
land.
b. Penalty costs and other charges for prepayment of preexisting recorded
mortgages.
c, Pro rata share of real estate taxes allocable to the period after we purchase
your land.
In most cases, we will pay these costs directly so that you don't have out-of-pocket
expenses.
You are also eligible for certain expenses if a court decides that we cannot condemn your
property, if we abandon a condemnation of your property, o'r 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, )
Tom Lund L lL
Right of Way consultant on behalf of City of Blair, Nebraska.
o' 1
APPRAISAL REPORT
FOR
CITY OF
BLAIR, NEBRASKA
RE:
HOLLOW ROAD PROJECT
JOSHUA AND KARI MADSEN
2320 HOLLOW ROAD
BLAIR, NEBRASKA
BY:
RUSS NEI.,SEN
NELSEN APPRAISAL SERVICES, INC
710 South 191" Street
Blair, Nl, 68008
SUMMARY OF SALIENT FACTS
Property
Size
Location
Date of Appraisal
Property Rights
Improvements
Estimate of Value of Taking
TAX 1,01' 163
Total Lot Size — L9 Acres (82,764 SF)
Taking — . 15 Acre (6,534 SF)
2320 Hollow Road, Blair, Nebraska
January 8, 2023
Fee Simple
One -Story I -louse
$6,534
1 1 F'a�Je
EFFECTIVE DATE OF THE APPRAISAL
The effective date of this appraisal is January 8, 2023.
DATE OF INSPECTION
The date of inspection is January 8, 2023.
PURPOSE OF APPRAISAL
The purpose of this appraisal is to establish an accurate and defensible market value of the part
being taken. This estimate will be of fee simple title of the subject property. This appraisal is of the
part taken only. Per client instruction, an appraisal of the entire property was not made.
PROPERTY RIGHTS APPRAISED
The property rights appraised are the fee simple title to the land and improvements which
comprise the subject property.
DEFINITION OF FEE SIMPLE
An absolute fee; a fee without limitations to any particular class of heirs or restrictions, but
subicet to the limitations of eminent domain, escheat, police power, and taxation, An inheritable
estate,
Source: Byrl N, Boyce, Real Estate Appraisal Terminology - Revised Edition (Ballinger Publishing
Company, Cambridge, Massachusetts, First Printing 1981), p. 102.
2 1 Paige.
k
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 mct with the lot owner on January 9, 2023.
It is unknown if any trees are to be removed. II' that is the case, (lie owners to be
compensated per value of (lie trees,
SUBJECT LOT
']'lie subject has a total of 19 Acres or 82,764 SF, The lot slopes to the street,
PROPOSED TAKING
The proposed taking is a 33' wide strip of land adjacent to the north side of Hollow Road
that runs the width of the lot, The total taking contains .15 Acre or 6,534 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 Sr
Price/SF
$3.21/SF'
Sale #4
Size
14,736 SF
Price/SF
$3.06/SF
Sale 115
Size
38,346 SF
Price/SF
$2,00/SF
Sale 1/6
Size
45,738 SF
Pricc/SF
$2,07/SF
3 1 P a g c
The foregoing comparable sales range in size Prom a low of 14,736 SF to a high of 45,738
SF with an arithmetic average of 30,927 SR
They also range in price per square foot from a low of $2.00/SF to a high of $3.21/SF with
all arithmetic average of $2,59/SF.
Placing most weight on comparable sales 45, and 116, and adjusting for total lot size, the
subject has a called value of $1.00/SIB.
Value of Subject Taking: 6,534 SF @ $1.00/SI' = $6,534
Value Called $6,534
Damage to remainder called = $0
Total Value of Taking = $6,534
Russ Nelsen,
Certified Appraiser
Nelsen Appraisal Services, Inc.
4 1 P ,_1 q C"
VWorks
12/7/2022
ParcellD:
890040943
Map Number
890040043
State Geo Code
2371-14-0-02371-000-0943
Cadastral #
TL163
ImaaeS
Photo L Photo V Photo #3 Sketch III
Current Owner:
MADSEN, JOSHUA R & KARI J
2320 HOLLOW RD
BLAIR, NE 68008
Situs Address:
2320 HOLLOW RD BLAIR
Tax District:
208
School District:
BLAIR SCHOOL 1, 89-0001
Account TyM
Residential
Legal Description:
14 18 11 BC TL 163 14-18-11 114 PC 163
Lot Width:
N/A
Lot Depth:
N/A
Total Lot Size:
1.90 acres
Year Total Land Outbuildina Dwe lin
2022 $273,895 $44,230 $0 $229,665
2021 $256,495 $44,230 $0 $212,265
Yearly Tax Information
Year Amount Levy
2022 $5,051.36 1,950857
M. •1
CO HIST SOCIETY
JAIL BOND FUND
BLAIR CITY
ESU 3
METRO TECH
BLAIR SCHOOL '1
NRD
COUNTY GENERAL
COUNTY AG
BLAIR SCHOOL 1 BOND
BLAIR AIRPORT
PUBLIC SAFETY COMMUN
Sale Date Sale Price Book & Page Grantor
02/13/2020 $285,000.00 2020 / 630 FREDERICK, ANNETTE R
Rate
0.00279100
0.0,1780300
0.33748300
0.01500000
0.09500000
0,99000000
0,03475800
0,33479100
0.00355400
0.08759100
0.02858800
0,00349800
Parcel Ids
1 890040943
12/7/2022
Status: Improved
Property Class: Residential
Zoning: N/A
Lot Width fftl Lot Depth (ft)
0.00 0.00
N/A
Year Built: 1995
Exterior: 100% Frame, Siding, Vinyl
Bedrooms: 3
Plumbing Fixtures: 8
Basement Size: 1,729 sq. ft
Building Size: 1,745 sq. ft
Quality: Average -t
Description
CONCRETE DRIVE
PATIO
SINGLE 1/S FIRE PL
Raised Slab Porch with Roof
Raised Slab Porch with Roof
WOOD DECK
Ifflorats
Location: Urban
-CitySize: 5,001-12,000
L-Qt Size: 1,00-1.99 ac.
Description Lot Size
1.90 acres
Condition:
Average - Good
ftJ1e�.
100% One Story
Bathrooms:
2.00
Heating/Cooling:
'100% Warmed & Cooled Air
Min Finish:
0 sq, ft
Part Finish:
0 sq. ft
Garage 1:
Attached Garage(SF)
Garage 1 Size:
744 sq. ft
Units
Value
517
$3,085
290
$1,570
1
$5,730
'121
$4,880
144
$5,690
154
$4,080
Lange not, round. l.mage not. found.
2 890040943
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TAX LOT 163 ROW AQUISIT ON
JOSHUA R & KART J MADSEN
5/8" REBAR W/1"1/4" YPC
"SURVEY MARKER LS 760"
SW COR. NEI/4, S1V I/4
SF,C, 14=rI8N-RIII;
V PINOH TOP PIPE
7, 320
14o1h)t-t) `
'I'AX LO'I' 'I'AX LOT
163 158
S00'33'20"E 1.1/2" PINCH TOP PIPE
N00'33'20"W
100,01'(M)100,43'(R)
1/2' REDAR
SOUTH LINE OF TAX LOT 163 AND
SOUTH LINE OF NEV4, SWIM, SEC, 14.W-11
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SEC, 14=rI8N-11I113
THE SOUTH 33.00 FEET OF T'AX LOT IV, LOCATED IN THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 14 TOWNSHIP 10 NORTH, RANGE 11 EAST, OF TI IE
OTH PRINCIPAL MERIDIAN, WASHINGTON COLIN IY, NEBRASKA.
CON'I'AIMNO 0.10 ACRES, MORE Oft LESS,
71• of 14• 12/6/2022, 3:00 PM
TL 163
EM 1904 South St., Ste 105,
Blair, NE 68008
Title Office 402-426-4844
ILBLAIRTITLE16Closing Office 402426-9191
Fax 402-426-4811
www.blairtitle.com
TITLE CERTIFICATE
Tag Parcel ID #890040810
Blair Title File #23387
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 EM-I1BIT "A' attached hereto and by this reference made a part hereof.
TITLE 'VESTED IN:
Joshua R. Madsen and Kari J. Madsen, husband and wife, as joint tenants with full rights of
survivorship and not at tenants in common (Instrument No. 2020-00631)
Bennard M. Rmh and Donald peer, as tenants in common (Deed Book 88 Page 640)
As to one-half of all oil and mineral rights. (See exceptions)
PROPERTY ADDRESS AS SHOWN ON ASSESSOR'S ROLLS:
2320 Hollow Road, Blair, NE 68008
PROPERTY OWNERS MAILING ADDRES AS SHOWN ON ASSESSOR'S ROLLS:
2320 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 February 24, 2021, recorded March 11, 2021 in Instrument No. 2021-
01286 given by Joshua R Madsen and Kari J. Madsen, husband and wife, asjoint tenants with
full rights of survivorship and not at tenants in common, as Trustor given to West Gate Bank, as
Trustee, and Washington County Batik as Beneficiary, securing the principal sum of $178,000.00
FINANCING STATE, ME NTS/FEKTURE LIENS
(Those filed in the Office of the Register of Deeds and indexed against subject property are: NONE
REAL ESTATE TAXES:
Parcel No.: 890040943
2022 taxes in the amount of $5,343.30show a tax credit of $291.94;
The balance of $5,051.36 became due December 31, 2022;
111 half and all prior taxes shown paid;
2" 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
Continuation #23387
EASEMENTS, RESERVATIONS & RESTRICTIONS:
SEE EXHIBIT "B" attached hereto and by this reference made a part hereof.
DATED: August 10, 2023 at 8:00 AM
Vax&'e, -A sapt4c '7
BLAIR STR C TITLE COMPANY
DBA BLAIR TITLE
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 tits insUrpce nor is this a
policy of title insurance.
EXHIBIT "A"
LEGAL DESCRIPTION
Tax Lot 163 in Section 14, Township 18 North, Range I East of the 6' P.M., in the City of Blair,
Washington County, Nebraska
EXHIBIT "B"
EASEMENTS, RESERVATIONS AND RESTRICTIONS
OIL AND MINERAL RIGHTS reservation contained in:
Warranty Deed recorded March 2, 1942 in Deed Book 59, Page 285 W.W. Freeland, single,
Grantor, U.S. peeves and Lucretia Reeves, husband and wife, as JT. Grantor reserves % of all oil
and mineral rights on Tax. Lot 42 14-18-11
Warranty Deed recorded February 27, 1947 in Deed Book 65, Page 145 U.S. Reeves and Lucretia
Reeves, husband and wife, Grantor, to John J. Jensen and Etta L. Jensen, husband and wife, as JT,
excepting one-half of oil and mineral rights heretofore reserved by W.W. Freeland in his deed to
grantors herein.
FINAL DECREE recorded May 14, 1965 in Deed Book 89, Pages 511-518. Estate of W.W.
Freeland, Deceased
Deed of Administration with the will annexed recorded December 23, 1964 in Deed Book 88,
Pages 640-641, Clifford L. Dixon Sr, Administrator of the Estate of W.W. Freeland, Deceased,
Grantor, to Bennard M. Reeh and Donald Feer, as tenants in common.
NOTE: No deeds out from either Bennard M. Reeh nor Donald Feer could be found of record.
Both parties are deceased.
NOTE: Subject property came out of Tax Lot 42.
EASEMENT for private water service line shown in Warranty Deed recorded July 17, 1973 in deed
Book 101, Page 274 and in Warranty Deed recorded October 3, 1989 in Deed Book 180, Page 763 and in
Easement recorded July 31, 1973 in Misc. Book X, Pages 7-8 and in Warranty Deed recorded February
17, 1995 in Book 238, Page 70.
EASEMENT AGREEMENT for private water service line recorded September 18, 1989 in Book 180,
Pages 635-638
AGREEMENT recorded September 19, 1995 in Book 244, Page 507 regarding waiver of the construction
of a sidewalk across Tax Lot 163.
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 TI-IERETO
WASWGTON COUNTY, STATE OF NEBRASICA
Instrument Number 2020-00631
OGAIUVOFD+ 0t6
Recorded
General
Numerical
Photostat
Proofed
Scanned
Return To:
Midwest Title Inc.
10410 South 144th Street
Omaha, NE 68138
NEBRASKA DOCUMENTARY
STAMP TAX
Date: 02 / 19I20
$ 641.25 By CS
WARRANTY DEED
FILED
2020 Feb-19 PM 03:00
Carolyn Stodola
WASHINGTON COUNTY
REGISTER OF DEEDS
BLAIR, NE
KNOW ALL MEN BY THESE PRESENTS THAT
William J. Frederick, Jr., a single person and Theresa M. McMains and Scott McMains, wife and husband
and Amy L. Mommsen and Chris Mommsen, wife and husband
herein called the grantor whether one or more, in consideration of One Dollar and other valuable
consideration received from grantee, do hereby grant, bargain, sell, convey and confirm unto
Joshua R. Madsen and Kad J, Madsen, husband and wife, as joint tenants with full rights of survivorship
and not as tenants in common
herein called the grantee whether one or more, the following described real property in Washington
County, Nebraska, more particularly described as follows;
Tax Lot 163 in Section 14, Township 18 North, Range 11, East of the 6th P.M., City of Blair, Washington
County, Nebraska, together with all of Grantor's interest in and to a certain Easement Agreement dated
September 12,1989, by and between the City of Blair, Nebraska, Grantor, and Peggy L. Clark, as
Grantee, providing for the placement of a private water service line to the premises, which said Easement
Agreement was recorded September 28, 1989 in Book 180, Pages 635-838 of the records of the County
Clerk of Washington County, Nebraska, ex-officio Register of Deeds.
To have and to hold the above described premises together with all tenements, hereditaments and
appurtenances 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 seized of said premises; that they are free from encumbrance except covenants, easements
and restrictions of record, if any; and free from all regular taxes and special assessments, except those
levied or assessed subsequent to date hereof; that grantor has good right and lawful authority to convey
the same; and that grantor warrants and will defend the title to said premises against the lawful claims of
all persons whomsoever.
Page Count 3
2020-00631
Dated: 60 2-01D
�ero,4
2020-00631
STATE OF NEBRASKA
COUNTY OF
The foregoing instrument was acknowledged to before me this the '30 day of ,
20_e,P by William J. Frederick, Jr., a single person as a voluntary act and deed.
Notary Public:
My Commission Expires: 03-17'aa
STATE OF NEBRASKA
— -
c�,u.VARY•stat
EVALYN L RMEN
Gomm. 1�
COUNTY OF 50V r !
The foregoing instrument was acknowledged to before me this the SO day of
2020, by .Teresa M. McMains and Scott McMains, wife and husband, as a volun act and deed.
-rhefp-SK 0,
Gem tOTARr.sta
NotaryPublic: EVALYN L AU17
EN
. N►td 1I
My Commission Expires:
STATE OF NEBRASKA
COUNTY OF 0 _
dci
The foregoing instrume t was acknowledged to before me this the day of
202a, by Amy L. Mommsen and Chris Mommsen, wife and husband, as a volunt act and deed.
Notary Public: hOTAgy,g
�aLVN L��
My Commission Expires: b3-i7� a�aa
2020-00631
WASRIIVGTON COUNTY, STATE OF NEBRASKA
Instrument Number 2021.-01286
RETSTEIt OF DYDS
Recorded
General
Numerical
Photostat
Proofed
Scanned
ISpace Above This Line For Recording Data]
After Recording Return To:
WASHINGTON COUNTY BANK
PO BOX 248
BLAIR, NEBRASKA 68008
Loan Humbert 2001703 .
DEED OF TRUST
M1N:1oo360100o0359B679
DEFINITIONS
FILED
2021 Mar-11 AM 08:58
Carolyn Stodola
WASHINGTON COUNTY
REGISTER OF DEEDS
BLAIR, NE
AIERS Phone; 898-679.6377
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,11,
13, 18, 20 and 2l. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) 'Security Instrument"means this documort, which is dated FEBRUARY 24, 2021 together
with all Riders to this document.
(0) "Borrower"is JOSHUA R MADSEN AND KAKI J MADSEN, HUSBAND AND WIRE AS JOINT
TENANTS WITH FULL RIGHTS OR SURVIVORSHIP AND NOT AS TENANTS IN COMMON
Borrower is the trustor under this Security instrument.
(C) "Lender"is WASHINGTON COUNTY BANK
Lender is a NEBRASKA CHARTERED BANK organized
and existing under the laws of NEBRASKA
Leudc?s address is PO BOX 248, BLAIR, NEBRASKA 68008
(D) 'Trustee"is WEST GATE BANK
6003 OLD CHENEY ROAD, LINCOLN, NRBRASKA 68516
NmPASKA - SWQle Family - Fann,`e Mae/Freddie Mac UNIFORM INSTRUMENT • MERS OosMegta Elm
Foan 3028 1101
gage 1 of 16
Page Count 15
,nr l I (YIII <Z 1r2
2021-01286
(E) "MCRS" 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 antler this Security
Instrument MERS is organized and existing under the laws of Delaware, and has an address and telephone number
of?. 0. Box 2026, Flint, MI 48501-2026, tel. (883) O MER&
(F) 'Note"means the promissory note signed by Borrower and dated RBRUARX 24, 2021
The Note states that Borrower owes Lender ONE HUNDRED SEVENTY-EIGHT THOUSAND AND 00/100
Dollars (U.S. $178, 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
APRn 1, 2041
(0) 'Troperty"means the property that Is described below under the heading "Transfer of Rights in the Property."
(M "Loan" means the debt evidenced by the Note, plus interesf, any Prepayment charges and late charges due under
the No* and all sums due under this Security Instrument, plus interest
(1) 'Eiders"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
❑ Planned Unit Development Rider
❑ Balloon Rider
❑ Biweekly Payment Rider
❑ 1-4 Family Rider
❑ Second Home Rider
❑ Condominium Rider
❑ Other(s) [sneclfy]
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the affect of law) as well as all applicable final, non -appealable judicial
opinions,
(It) "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 Hdated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit on account Such term
includes, but is not limited to, point -of -safe 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.
(N) IMiscellaneous 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 o$ the Property; (ii) condemnation or other taking of all or say part of the Property; (67 conveyance in
Ilea of condemnation; or Cw) misrepresentations of, or omissions as to, Ore value and/or condition of the Property.
(0) "Mortgage fasursam" means insuranceprotecting Under against the nonpayment of, or default on, theLoam
(P) 'Terlodie PaymonN' means the regularly scheduled amount due for (r) principal and interest under the Note,
plus (it) any amounts wider Section 3 ofthis Security Instrument
(Q) WSPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter, As used in this Security Instrument,
"RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan"
evert if the Loan does not qualify as a "federally related mortgage loan" under RESPA
NMRr1SKA - SbVIe Family - Fannie Mee/Freddie Mac UNIFORM INSIRUMENF - MERS DOOM &eikaeaffi
Form 0028 1101
page 2 of 13
2021-01286
(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 00 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: 0 the repayment of
the Lsan, and all renewals, extensions and modifications of the Note-, and (11) the performance of Borrower's
covenants and agreements under this Security Instrument and theNote. For this purposo, Borrower irrevocably grants
and convoys to Trustee, in trust, with power of sale, the following described property located in the
COUNTY of Washington
f rype or Recording lurisdiaioal (Name of Recording luflWictioaj
Tax Lot 163 in Section 14, Township 18 North, Range 11, Bast of the 6th
P.M., City of Blair, Washington County,Nehraska, together with all of
Grantor's interest in and to a certain Basement Agreement dated
September 12,1989, by and between the City of Blair, Nebraska, Grantor,
and Peggy L. Clark, as Grantee, providing for the placement of a
private water service line to the premises, which said Basement
Agreement was recorded September 28, 1989 in Book 180, Pages 635-638 of
the records of the County Clerk of Washington County,Nebraska,
ex-officio Register of Deeds.
which currently has the address of 2320 Hollow Rd
[Street]
Blair Nebraska 68008 ("Property Address"):
ICitrl (zip Color
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 interests granted by Borrower in this Security
Instrument, but, if necessary to comply widen law or custom, MERS (as nominee for Lender and Lender's successors
and assigns) has the right: to exercise any or all ofthose 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 afthe 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 SECUIUTY INSTRUMENT combines uniform covenants for national use and non- miform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment ofPriacipal, Interest, kcrowltouts, Prepayment Charges, and Late ChargaBorrowershall
pay when due fie principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
NEBRASKA - Sirgte Faulty - Rode Mae(Freddie We UNIFORM INMUMENT - MERS oocNarrte Wren
Form 3028 trot
Page 3 of 15
2021-01286
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 ofthe following forms, as selected by Lender: (a)Wb;(b) money order, (o)certified chock, bank check,
treasurtescheck or cashier's check, provided any such chock is; drawn upon an institution whose deposits are insured
by a federal agency, instrumentality, or entity; or (d) Electronic Funds alinsfer.
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 M 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. H each Periodic Payment is applied as of
its scheduled due data, then Lender need not pay interest on unapplied funds. Lcndermay 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 an 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
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 NOW, (c) amounts duo under Section 3. Such payments shall be applied to raoh Periodic
Payment in the order in which it became due, ,Any remaining amounts shall be applied first to late chorges 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 duo, the payment may be applied to the delinquent payment and the lute charge. If
more than ono 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 thefuli payment of ono 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 Mlscelianeous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments,
3, Fands for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid In fail, 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 it hen or encumbrance on the
Property; (b) leasehold payments or ground rents at 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 Insuinum premiums in accordance with the provisions of Section 10,
Those Items are called "Escrow Items," At origination or at any time during theterm of the Loan, Lender may require
that Community Association Dues, Fees, and Assessments, ifany, be escrowed by Borrower, and such dues, fees acid
assessments shall beanEscrow Item. Borrower shall promptly famish to Lender all notices of amounts to be paid
under this Section, Borrower shall pay Lender the Tunis 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 lteos at any time. Any such waiver may only be in writing. In the event of such waiver,
Borrower shall pay directly, when and More payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, dfLender requires, shall furnish to Lender receipts evidencing such payment
NEBRA$KA • Single Faintly - Fannle MaelFreddie Mac UNIFORM INSTRUMENT - MO2S D"Megk aWW
Farm E026 1101
Page 4 of 15
2021-01286
within such time period asLender may require, Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
"covenant and agreement" is used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to
a waiver, and Borrower falls ro pay the amount due for all Escrow Item, Lender may exercise its rights under Section
9 and pay such amount and Borrower shall then W obligated under Section 9 to repay to Lender any such amount.
Lender may revokothe 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) sutEcient to permit Lender to apply the Funds
at the time specified under RESPA, arid (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 Bscrow Irons or otherwise in accordance with Applicable Law,
111e Funds shall be held In an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender i an institution whose deposits are so Insured) or In any Federal dome 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 theFunds 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 Prmds. 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 hold 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
Fords 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,
i7pan payment in full of all stuns secured by this Security instrument, Lendorshall 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) BUM 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 preventthe enforcement of the lien
while those proceedings are pending, but ordy until such proceedings are concluded; or (c) secures from the holder
Of the lien an agreement satisfactory to Lender subordinating the Ilea to this Security Instrument. If Lender
dotermines 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 lies With, 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 Borrowerto 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
N®RASI4t - ShVie Famgy • Fannls MaerFreddle Mac UNIFORM INSTRUMENT - 0,M aocWarcri�rro am
Form 302a 1101
Page 5 of 15
2021-01286
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 ofthe Loan. The insurance carrier providing
the insuraneeshall be chosen by Borrower subject to Lender'sright 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 fer flood zone determination, certification rind tracking services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such detetmirtatioa ar eertifieatlan 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 ofthoproperty, against any risk, hazard or liability and might provide greater
or lesser coverage than was previously In eflect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the, cost offiasuraince that Borrower could have obtained. Anyamoumsdisbursed
by Lender under this Section 5 shall become additional debt of BorroweT secured by this Security Instrument. These
amamis 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 clausq 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
Payer
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Leader, 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, i£the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shalt 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 an such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds, Pees 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.
Iftho 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 imcamwe proceeds shall be applied in the order provided for in Section 2
If Borrower abandons the Property, Leader may file, negotiate and settle any available insurance claim and
related matters. I£Borrower does not respond within 30 days to a notice from Lender that the inslrranoe carrier has
offered to settle a claim, then Lender may uegoflate and settle the claim. The 3Uay period will begin when the
notice is given. In either event, or if Lender acquires the Properly 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 lnstmment, and (b) any other of Borrower's rights (other thin 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
withla 60 days after the execution o£this Security Instrument and shall continue to occupy the Property as Borrower's
Principal residence for at leastoneyear after the dateof occupancy; unless Lender otherwise agrees in writing, which
consent shall not be unreasonably withhold, or unless extenuating circumstunces 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, dow 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 farther
deterioration or damage. If insurance or condemnation proceeds are paid in mmiecflon with damage ta, or the taking
of, the Property, Borrower shall be responsible for repairing at 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, Ifthe insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion ofsuch repair
or restoration.
Lender or its agent may make reasonablewWcs upon and inspections oftho Property. IN has reasonablecause,
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 specifybrg such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if; during the Loan application process,
Borrowerar anypexsonsor entities acting atthe direction ofBorrower or with Borrower's knowledge or consent gave
materially false, misleading, or inaccurate information or ststements to Lender (or failed to provide Lender with
material irrintlnati(n) in conneedon 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 it legal
prowAngthatmightsignificantly affeal,ender'sirderest 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
Rnuftl priority over this Security Instrument or to enforce laws or reguiations), 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 fire value aftho Property,
and securing and/or repairing the Property, Lender'sactions eaninclude, but are not limited to: (a) paying any sums
secured by a lien which has priority over this Security Instrument, (h) appearing in mutt; and (c) paying reasonable
attorneys' fees to protect its Interest in the Property and/or rights under this Security Instrument; including its secured
position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or limit up doors and windows, drain water from pipes, eliminate building or
other code violailons or dangerous conditions, and have utilides turned an 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 hucurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall limora"dditional debt offlorrower 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.
Borrowershnli not surrendertheleasehold estate and interests herein conveyed or terminate or cancel die ground lease,
Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower
acquires fee title to the Property, the leasehold and die fee title shall not merge unless Lender agrees to the merger
in writing.
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10, Mortgpgobsurallm If Lender required Mortgage Insurance asaconditionofmalingthe 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 ceasesto beavailabla 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 offeet, from on 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 anon-refundabfeloss reserve in lieu of MortgapInsurance, Such loss revive A&Ubenon-refundable,
notwithstanding the factthat 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 oan no longer require loss reserve psyrnents 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 ofmaking 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•rofundable loss reserve, until
Lender s requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing fur 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 01 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 arc on terns and
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer
may have available (which may include fonds obtained from Mortgage insurance premiums).
As a result of these agreements, Lender, any purchaser of theNote, another insurer, any reinsurer, any other
entity, or any affiliate of any ofhe foregoing, may receive(directly or indirectly) amounts that derive from (or might
be characterized as) a portion of Borrowea 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 sbare
of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed
"captive rainsumnee," Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan, Such agreements will not increase the amount Borrower wlti owe
for Mortgage Insurance, and they will not entitle Borrower, to any rotund.
(b) Any such agreements will not affect the lights Borrower has - if any - with respect to the Mortgage
Insurance under the Homeownera Protwlioo Act of 1998 or any other law. These rights may Include the right
to receive certutn disclosures, to request and obtain cancellation of the Mortgage Tnsurunee to Nava the
Mortgage rasttrance term)nated outomatically, and/or to receive a refund of any Mortgage Insurance premlams
that wore unearned at the time of such canceNuou or termination.
IL Assignment of MLseeflmlaous Praceedr, Forfeiture, All Miscellaneous Proceeds are hereby assigned to
and shall be paid to Lender.
If the Properly is damaged, such Miscellaneous Proceeds shollbo applied to restoration or repair ofhe 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 sit
Opportunity to Inspect such Property to ensure the work has been completed to Lenders satisfaction, provided that
such inspection shell beundertakeu promptly, Lender may pay for the repairs and restoration in a single disbursement
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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 an such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such M scellaneous Proceeds. If die 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 ofa partial taking, destruction, or lass in value of the Property in which the fair market value of
the Property immediately before die partial taking, destruction, or loss in value is equal to or greater than the amount
of ire sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value,
unless Borrowcrand Lender otherwise agree in writing, the sums scoured 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 ofa 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 he 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 it alder notice by lender to Borrower thatthe Opposing Party (as
defined In the next sentence) offers to make an award to setae a claim for damages, Borrower fails to respond to
Lender within 30 days after the data the notice is given, Lender is audioilmd to collect and apply the Miscellaneous
Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action In regard to Miscellaneous Proceeds,
Borrower shall be in d^fault if any action or proceeding, whetter civil or criminal, Is begun that, in Lender's
judgment, could result In forfeiture of the Property or other material impairment of tender's interest in die Property
or rights under this Security Instrument Borrower can core such a default and, ifacceleratiou 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 41ie proceeds of any award or claim for damages that are attributable to the
Impairment ofLeader's interest in the Property are hereby assigned and shall be paid to Lender,
All Miscellaneous Proceeds that are not applied to restoroton 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 Suecessor In Interest of Borrower
or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
lusuvment by reason of any demand made by the original Borrower or any Successors in Interest ofBorrower. 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.
13, Joint and Several Liability; Co-signers, Successors and Assigns Bound. Borrower covenants and agrees
that Borrower'sobligatiousand liability shall bejointand several. However, any Borrowerwhoco-aignsthis Security
Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrounentonly to mortgage,
NEBRASKA - Single Family - Fannie MaelFmddle Mac UNIFORM INSTRUMENT - MERS pa�ata
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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 (0) 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 19, any Successor in Interest of Borrower who assumes Borrower's
Obligations under this Security Instrument In writing, and is approved by Lender, shall obtain all of Borrower's rights
and benofitsunder this Security lnstrument, Borrower shall not be released from Borawer'sobligations and liability
under this Security lastrument unless Lender agrees to such release In writing, The covenants and agreements ofthis
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 servicesperformed in confection with Borrower's
defauk, 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 specflo fee to Borrower shall not be construed
as a prohibition on the charging ofsuch fee. Lender may not charge fees that are expressly prohibited by this Security
instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be. collected in connection with the Loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chatgo to the permitted limit,
and (b) any stems 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 acceptanceof
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 matted 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 taw 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 Borrowers change of address. If Leander
specifies a procedure for reporting Borrower's changeof address, then Borrower shall only report a change ofaddress
through that specified procedure. There may he 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 bender has designated another address by notice to Borrower, Any notice in connection
with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.
If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law
requirement will satisfy the corresponding requirement under this Security Instrument.
16, Governing Law; Severabllity; Rules of 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 linihatinns 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
eonsuned as a prohibitan against agreemoni by cotttmct, 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 Us Security Instrument: (a) words of the masculine gender shall mean and include corresponding
acuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice
versa; and (o) the word "tray" 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
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18. Transfer of the Property at, a Beneficial Interest In Borrower, As wed in this Section 18, "Interest in
die Property" means any legal or beneficial interest in Ste 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 fide by *Borrower at a future data to a purchaser.
If all or any pert 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 transferrers) without Lender's prior written consent,
Lender may require immediate payment in full ofall sums secured by this Security Instrument However, this option
shall not be exercised by Lender If such exercise is prohibited by Applicable Law,
If Lender exereises this option, Lender shall give Borrower notice of aoceleratlon Tire nodco shall provide a
period of not less than 30 days from the date the notice is given in accordancewith Section is 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 peeled, 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. IPBorrower meets certain conditions, Borrower shall
have the right to have enforcement of taus Security Instrument discontinued at any time prior to the eariiost of (a)
five days before We 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 na acceleration had occurred; (b) cures any default
of any other covenants or agreements; (c) pays all expenses incurred in enforcing thls Security Instrument, including,
but not limited to, reasonable attorneys' fens, 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 tills Security Instrument, shall continue unchanged,
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the fallowing forms,
asseleotedbyUnder, (a) cash; (b) money order; (c) certified chook, bank check treasaire? s check or oashice s check,
provided any such check is drawn upon an institution whose deposits are Insured by a federal agency, instrumentality
or entity; or (d)BlectronicFunds Transfer, Upon reinstatementby Borrower, this Security Instrument and obligations
secured hereby shall remain flflly effective as ifno acceleration had occurred. However, this right to reinstate shall
not apply in the case of acceleration under Section 18,
20. Sale of Note; Change orLoan Servicer; Notice of Grievmhee, The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one ormoretimeswithout prior notice toBorrower, Asslemight
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 Sc: vicer 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 Loral Servicer, the address to which payotenls 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 titan 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 say judicial action (as either an individual
litigant or the member of a class) that arises from the other party's actions pursuant to this Sectrity 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, dial time period will be deemed to be reasonable for purposes of this Paragraph, The notice of
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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.
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 Envin•onnienial 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 ofthejurisdiction where the Property is located that relateto healfli, safetyor eiwironmemal protection;
(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
Environmental Law; and (it) an "Environmental Condition" means a condition that can cause, contribute to, or
otherwise trigger an Environmental Cleanup,
Borrower shall not cause or parmitthepresence, use, disposal, storage, or releaseofAny 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 6 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 Properly 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 auy goveramental or regulatory agency or private party involving the Property and any Hazardous Substance
or Environmental Law of which Borrower has actual knowledge, (b) any Eavhonmental Condition, including but not
limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the
Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that
any removal or other remediagon of any Hazardous Substance affeeft the Property is necessary, Borrower shall
promptly take all necessary remedial Actions in accordancevrith Environmental Law. Nothing herein shall create any
obligation on Lender for an Environmental Cleanup,
NON -UNIFORM COVENANTS. Borrower and Lender further covenant and Agree as follows:
22. Acceleration; ]remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covennt oragreement in this Security Instrument (but notprior to acceleration under
Section 18 antes Appflcsnble Law provides otherwise). She 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 sdms secured by this Security Instrument and sale of the Property. The
notice shag farther inform Borrower of the right to rviastate 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 sate. If the
default is not cured on or before the date specified In the notice, Lender at Its option may require immediate
payment in fail of all sums secured by this Security instrument without further demand and may involve the
power of sale and any other remedies permitted by Applicable Lnw. Lender shall be entitled to Collett OR
expenses incurred in pursuing the remedies provided in this Section 22, including, butuot limited to, reasonable
attorneys' fees and casts of title evidence.
If the power of sale is Invoked, Trustee shag record a notice of default in each county In which any part
of the Property is located and shall avail copies of such notice in the manner prescribed by Applicable Law to
Borrower and to the other persons prescribed by Applicable Law. After the tine required by Applicable Law,
Trustee shall give public notice of sale to the persons aud 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
NEBRASKA - Single Family - Fannie WetFrmidie Mac t)NIFORtd INSMMENT - MERS naaerap/ceva=
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place and under the terms designated to the notice of sale In one or more parcels gad 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 schodtiled salt, Lender or its designee may purchase the Property at any sale.
Upon receipt of payment of tho 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 casts and expenses
of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually Incarred and
reasonable attorneys' fees as permitted by Applicable Lawl (b) to all sums secured by this Security 7astraumm4
and (c) any excess to the person or persons legally entitled to it.
23. Reconveyance, Upon payment ofall starts secured by this Security histrumeA Lander shall requestTrustee
to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
Security Instrument to Trustee. Trustee shall recorhvoy the Property without warranty to 11te person or persons legally
entitled to it. Such person or persons shall pay any recordation costs, Leader may charge such person or persons a
fee for reeonveying the Property, but only if the fee is paid to a third "(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 T}ustee 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 Gte power and dudes
conferred upon Trustee herein and by Applicable Law,
25. Request for Notices. Borrower requests that copies of tho notice of default and sale be sent to Borrower's
address which Is the Property Address.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLAN19
NFBRASKA • Single Family • Forms Mae/Freddie Mac UNIFORM INSTRUMENT - MERS nocebarc arrppeas
Foan 3028 1101
Page 13 of 15
2021-01286
[Spoon Below This Une For Acknowledgment]
State of NEBRASKA
County of.Washington
The foregoing instrument was acknowledged before me this FEBRUARY 24 2021
{dote)
by. Joshua R Madsen M Karl J Madsen Husband and Wife
(naow of person ackoowiadgiog)
MEMNOlA3Y-SWclWeWaska
��RBk00AATINW-IAM
fdyOwrmEsp,Mercbg,2021
,`ly"� ;,�, � •�
Signature Verson Taking Acknowledgment
Title or Rank
(Seat) Serial Number, if any
Loan Originator; Rebecca Ann Tinklram, NMLSR ID 526237
Loan Originator Organization; Washington County 'Bank, NMLSR ID 623796
NEBRASKA- Singh Famlty - Fanrdo M80/Fredme Mac UNIFORM INSTRUMENT- MERS souunfoatmo
Form 3028 1/131
Page 15of15
2021-01286
59
i. ✓. .�. '�K4MU'�OFWASIMTC"
-
!_ ✓_J �.�`_"'_Yrtp IN aFlIEi1FOR.
19'09 SEF 78 N' 2. 02 �d
"• EASEMENT AGREEMENT
Tiis Easement. Agreement made this 12tn day of Septem-
ber, 1989, by and between the City of Blair, Nebraska, hereinaf-
ter referred to as "Blair", and Peggy L. Clark, hereinafter
referred to as "Grantee".
WITNESSETH:
WHEREAS, the Grantee has requested authorization to
place a private water service line on the muncipal right of way
described as follows:
That part of the South 33.0 feet of the
Northwest• Quarter of the Southeast Quarter and
the North 33.0 feet of the Southwest Quarter of
the Southeast Quarter of Section 14, Township 18
North, Range 11 East lying West of the Westerly
R.O.W. of U. S. Highway No. 30, and that part of
the South 33.0 feet of the Northeast Quarter of
the Southwest Quarter of Section 14, Township 18
North, Range 11 East lying East of.the West line
of Tax Lot 162.
and for and in consideration of One Dollar, mutual agreements and
covenants herein, and other good and valuable consideration, it
Is agreed by and between the parties as follows:
1. Blair agrees tQ and does hereby grant, transfer, and
convey to the Grantee an easement over and across the municipal
right of way described hereinabove for the purpose of
construction, maintenance, and repair of a private water service
line for connection with the main running on the East side of
U.S. Highway No. 30 to Tax Lot 158 in Section 14, Township 18
North, Range 11 East of the 6th P.M., Washington County, Nebras-
ka, said property being owned by the Grantee.
2. The construction, maintenance, and repair of said
:-"r _ 0111
A ln,-. 1 •7 d—,
Ci q w
private water service line shall be at the sole expense and
liability of the Grantee and Blair shall have no liability,
responsibility, or liability of any other nature or kind for the
construction, maintenance, or repair of such private water
service line.
3. The Grantee agrees that such private water service
line shall supply water to the property owned by Grantee and no
other person or entity whatsoever shall be allowed to tap on,
utilize, or in any other way obtain water from said private
service line. The Grantee further agrees that such water line
shall be constructed and installed according to all applicable
building codes and specifications of Blair and that'same shall be
buried at a minimum depth of sixty (60) inches below grade. The.
Grantee further agrees that she shall install a metal line with
such private service line in the event that it is constructed of
plastic materials so that same can be located as may be required.
In the event such private water service line requires location
the Grantee shall be responsible for any and all expenses at
reasonable and usual time ,and equipment charges for the location
of such water line if same is performed by Blair.
4. The Grantee further hereby agrees to save harmless
and indemnify Blair from any and all claims, causes of action,
damages, €n]uries, or any other liabilities of any nature or kind
whatsoever, which may arise from any reason whatsoever as a
result of the construction, repair, maintenance, and the
placement of such water service line on municipal right of way.
Such indemnification and save harmless shall apply not only to
the Grantee but shall apply as wp a to any claims, causes of
6974
action, damages, injuries, or any other liabilities of any nature
or kind sustained by any third parties, persons, or any other
entities which such claims, or causes of action may be brought
against the municipality. Such indemnification save harmless
shall apply not only to such damages and injuries, but shall
specifically include but not be limited to attorney fees and
reasonable cost of defense of any such claims. Such
indemnification and save harmless shall further specifically
include but not be limited to any damages to municipal property
Including the right of way, grades, drainage structures, ditches,
roadways, or any other municipal property as the result of the
construction of said private water service line and the Grantee
shall further be liable to the municipality for any attorney
fees, expenses, or other expenses incurred.in recovery of such
damages.
5. Blair shall have no liability or responsibility'
whatsoever for any repairs or maintenance to said private water
service line and further Blair shall have the right without
recourse' by the Grantee to,shut off the water to such private
service line if it is determined that same is leaking and
potential damage to any City right of way, grade, drainage
structure, ditch, or any other municipal property is threatened.
6. In the event that a water extension or improvement
district is created adjacent or contiguous to the property awned
by the Grantee, she hereby agrees to abandon said private water
service line in the event of the construction of such water
improvement or extension district. Upon abandonment or
(-. . :4'
f i OO
discontinued use of the private water service line the line shall
remain in place and shall not be removed by the Grantee. The
line shall then become Property of Blair and may be used by Blair
for any use which it may see fit without consideration to the
Grantee.
.7. In the event City of Blair requires relocation of
such private service water line, either in whole or in part, for
any reason whatsoever, the Grantee shall be liable and
responsible for any and all changes connected with or arising as
a result of such relocation. Blair shall have no liability and.
shall not be ,responsible for any such changes or expenses
whatsoever.
8. The Grantee further hereby warrants and covenants
that the terms and conditions of this Easement Agreement shall
run with the real estate owned by them described hereinabove and
that all of their successors, heirs, personal representatives, or
assigns shall be bound by this agreement and shall specifically
be liable for all duties and obligations of the Grantee hereunder
as though a party to this agreement originally.
9. This Easement Agreement shall be binding upon the
heirs, personal representatives, successors, and assigns of all
parties hereto.
ATTEST: CITY OF BLAIR, NEBRASKA
BY
dd ��
VE A R. BULL, CITY CLERK M. STANLEY JENSEN6VkWR
PEGGY✓L. CLARX, GRANTEE
- - � �I.'V •� ��•a �s�r�.�Pr...ia nf ,>SFi.�.lma'.:• >lfm' +.. � h ' • •�sdLS
- _ __ IPA-'^• �.
W
/-7kP -it
103—NVARRANTY DEED 10aromriso Publishing Co., Wait" Nehr.
KNOff ALL MEN BY THESE •
¢ NEER, S,<A DOCUf IEN ARY,
� L S-rM/;P TAX
Lucile I. Luhr, single, JUL 17 1973
�� t3Y2�r,aL
of the.County of Washingt011 and State of Nebraska for and in constderatten of the snpi of
Sixteen Thousand 'and No/100---------------------------------------- ; DOLLO�R.s
in band paid do hereby grant, bargain, sell, convey and confirm unto
Peggy L. Clark, single,
of the County of Washington and State of
Nebraska, the following' described real estate, to -wit:
Allof ray undivided interest in and to Tax Lots One Hundred Fifty-eight (158)
and Tax Lot One Hundred Sixty-three (163), all in Section Fourteen (14),
Township. Eighteen. (18),' North, Range Eleven (11), East of the Sixth Principal'
Meridian in Washington County, Nebraska, together with my interest in
and to an easement for a water storage tank on a part of Tax Lot
One -Hundred •sixty-, Two_ (162) in Section Fourteen (14) Township
Eighteen (18) North, Range Eleven (11), East of the Sixth Principal
Meridian in Washington County, Nebraska,
subject; however, to easements, conditions, reservations, limitations and restrictions of record and to all public highways
now on oi• along said premises.
TO HAVE AND TO HOLD the premises above described, together with *all the tenements, liereditaments and.appur-
tenances •thereunto belonging unto the said
. Peggy L. ' Clark, single,
and to her bears and assigns forever.,
And spe 'hereby covenant with the said Grantee and, with her heirs and assigns, that she is
lawfully seized o£isaid premises; that they are free from encumbrance
thatshe shall have good right and lawful authority to sell the same; and she does ' ".hereby covenant to warrant
and defend the title to said premises against the lawful claims of all persona whomsoever.
And the said Lucile •L Luhr,' single- ' hereby relinquish es all
rights, titles and interests whatsoever. and of any kind or nature in and to the above described premises.
Signed this ' 22nd' day of June,,
STATE OF NEEaASI(k DouNTY of wasNINaTOM . 11 35 ' ' Lucile I- Luhr
ENTERED IN N MEHICAI IN AND FILED Fog' DAC6i98 �
U _rl.:. .q D'CLOCK td. / 74 0000 id SM C_ .
COUNTY CL. • dl.• •P .lie —4
--of yri � r �
STATE or NEBkASKA as. On this 22 day of June , A.D., 10 73 , before
Washington County me, the undersigned
a Notary Public, duly commissioned and qualified for and residing in said
County, personally came Lucile I. Luhr, single,
to me known to -be the identical person whose name is affixed to the foregoing instrument and acknowledged
th sam o be hufnEci Oplg�ry t and deed,
Cr0 IMAL. 1
Witn my hand W fh Djfgj7a l t day and sax last above writt�
vYY Gammisalon ixplros E"�Etrl--• Notary Public
ldATM Ic 1076
My commission exp a day o + l0
�fI. -B-SURV1VOR8HIP WARRANTY DEED r 76
eJHuffman and Felton & Wolf, Walton, No. 69461
KNOW ALL MEN BY THESE PRESENTS, That
Peggy L. Clark, single,
, herein called the grantor whether one or more,
in consideration of Eighty Dive Thousand Five Hundred and No/ 100-------------------DOLLARS
received from grantees, does grant, bargain, sell convey and confirm unto
Donald J. Conrad and Lila M. Conrad, husband and wife,
as joint tenants with right of survivorship, and not as tenants in common, the following described real property in
Washington County, Nebraska:
SEE EY,81BIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
To have and to hold the above described premises together with all tenements, hereditaments and appur-
,tenanees thereto belonging unto the grantees and to their assigns, or to the heirs and assigns of the survivor of
them forever.
And grantor does hereby covenant with the grantees and with their assigns and with the heirs and assigns
of the survivor of them 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 premises against the lawful claims of all, persons whomsoever.
It is the intention of all parties hereto that in the event of the death of either of the grantees, the entire
fee simple title to the real estate shall vest in the surviving grantee.
'Dated October 2 1989•
State of .M.M*IKA ...............
County of, ..3'IMILTRfii M........
� ��.�'
.............
PEGGY L. CLARK
The foregoing instrument was acknowledged before me on .........:...............
by ....
y.........�.. ............ "//1�V............ `.
STATE OF .........
NEBRAWRA ............
County............ 4S1iINGTON.... I ....
.fJJf
Entered on n erical index and filed for record in the Register of D�eds Office of said County the
day Of.. .. .... . 19. e"f. •/[t.. ..... , o'clock and .5`.... .. °�ntes
and recorded in Book..... � ............of... � ....... atpage..r�.
c J I;.^•rrr^.d —r .. .........
� of Deeds
By l Deputy
!. O
7'6 4 %
MMIBTT "A"
TAX LOTS 158 and 163 in Section 14, Township 18 North,
Range 11, East of the 6th P.M., in Washington County;
Nebraska, TOGETHER with al'1 of grantor's interest in and to
a certain Easement Agreement dated September 12, 1989, by
and between the City of Blair, Nebraska, grantor, and Peggy
L. Clark, as grantee, providing for the placement of a
private water service line to the premises, which said
Easement Agreement was recorded September 28, 1989, in Book
180, Pages 635-638 of the records of the County Clerk of
Washington County, Nebraska, ex-of£icio Register of Deeds.
O'HANL ON LAW OFFICES, 1569 WA58INGYON, ,BLAIR, NE B,RASKA. 68008-0d28 (402) 42e-9666
iM •. H+�-r..-. Wr.n...--... .. r.-.-� r.-n..u..._._ +n-. m • r—+.+1 ...•• n.1.-..._�--.. ,••�` •..
'Ime SURVIVORSHIP WARRANTY DEED to
KNOW ALL MIN I EY TRESE PRE BE, NITS, That
Donald J, Conrad and Lila P1. Conrad, husband and wife
Iluffman and Felton & Wolf, Walton, Ne_ 6846t
herein called the grantor whether one or more,
;inconsideration of ONE DOLLAR ($1.00) AND OTHER VALUABLE CONSIDERATION--------------------
f received from grantees, does grant, bargain, sell convey and confirm auto
William J. Frederick and Annette R. rrederick, husband and wife,
i
as joint tenants with right of survivorship, and not as tenants ill common, the following described real property in
Washington County, Nebraska:
Tax Lot 163 in Section 14, Township 18 North, Range 11, East of the 6th P.M., City
of Blair, Washington County, Nebraska, tegether will all of Grantor's interest in
i and to a certain Easement Agreement dated September 12, 1989, by and between the
City of Blair, Nebraska, Grantor; and Peggy L. Clark, as Grantee, providing for
the placement of a private water service line to the premises, which said Easement
Agreement was recorded September 28, 1989 in Book 180, Pages 635-638 of the records
of the County Clerk of Washington County, Nebraska, ex-officio Register of Deeds.
To have and to hold the above described premises together with all tenements, hereditaments and appur-
tenanees thereto belonging unto the grantees and to their assigns, or to the heirs and assigns of the survivor of
them forever,
.And grantor does hereby covenant with the grantees and with their assigns and with the heirs and assigns
of the survivor of them 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 premises against the lawful claims of all persons whomsoever.
It is the intention of all parties hereto that in the event of the death of either of the grantees, the entire
fee simple title to .the real estate sball vest in the surviving grantee.
Dated , 1995 { y
DONALD J. NRAD...... ILA M Cf�NRAD.0 r9 tG*�rr....... ..........
State of .A0xgAk?.........
County of ... lWbAn&99;l.......
The foregoing instrument -was acknowledged before me on s%y�� t„1995
by' ....DonaXd..J.t. Gpr?l �d. 11�.k*h!a:.Mr..�.4Arp.4,,,, husband and wife
9VITAU ABJL61IQ'5'i4e—�-
STATE OF...AEBRASK& ................. -qIIX-MYCOMMEXI
iAR►_ IiDiARY-Slats of Itr6r - Jr3 wwo3lyf
13R1L AILSFEHs, SAfN3}23TItlW 11f1Ci �
? Washington ' ss' - - w gUS�AUYll1� iYH3>fi9
County ........
Entered on numerical index and filed for record in the Register of Deeds Office of said County the
...... day of .... CttA?u� 119. �.., at....to ....o'clook and... 50 ....minntes .. .f1......M
and recorded in Book..... A,....... -Of... Of... Q1-,'...l...at page... �yQ......_..g.• .. .
NEERASKADoGJMENTARY ..�v,1.[�f. .r > %. P1Lo A-1 ' . .. .......
STAMPTAX -1a I ���}n� Reg, of Deeds
DA K By l :.lix-J Fn".Ozt st.Deputy
Ln
E5
M
I
7 O
EASEMENT
WHEREAS, Vance R. Worth and Ruth H. Worth, husband and
wife, are the owners in fee simple of real estate described as Tax Lot
One Hundred Sixty-two (162) in Section Fourteen (14), Township Eighteen
(18) North, Range Eleven (11), and,
WHEREAS, Peggy -L.. • Clark, single, is the owner of real estate
which is adjacent to said Tax Lot 162, and,
WHEREAS, the said Peggy L. Clark is desirous of obtaining
a permanent easement for the use and maintenance of a storage water supply
tank located on a part of said Tax Lot 162, more particularly described as
follows: From. the Northwest Corner of Tax Lot 162 in -Section Fourteen (14),
Township Eighteen (18) North, Range.hleven (11), East of,the Sixth Principal
Meridian in Washington County, Nebraska, and assuming the West line of Tax
Lot 162 to bear due North and South;' thence South a distance of 155. 0 feet
to the point of beginning; thence South 45. 0 feet; thence East 25. 0 feet;
(hence North 45. 0 feet; 'thence West 25. 0 feet to the point of beginning:
NOW THEREFORE,' for'One Dollar and No/100 and other valuable
consideration, `receipt thereof being hereby acknowledged;: the undersigned
being the owners of the above described tract of real estate, do hereby
1 '
give, grant, 'sell and •convey unto the. said Peggy L.• Clark, .single, her
successors land assigns, 'a.perpetual easementIor the use and maintenance
_ r
'of the 'stor'age'wate'r supply tame located on the real estate described, herein -
above for so long as said tank is being used as a storage water supply tank,
said easement for all purposes necessary or incident to the exercise of the
rights granted herein.
STATE OF NEDRASKA, COUNTY OF WASHINGTON) SS Z.
... c...�
ElMHEDD IN NUTAERIOAL INDEX PAID FILED FOR RECORDC.
TNIS Z,1,5 DAY OF .j Aa 791s2 .
�^
:AT I-I'P._ O'CLocK'.I ... ] IN--^oHDEn IN BOOK
GJ :
' ....x....A7 PAGEnn..7�•.'.
..
COUNTY C R .L cY� ��
DEPUTY
"' -571
f i �•�
.1 ... co
• OFFICES OF
T
O
• O'HANLON & MARTIN
LAWYERS
. - RAIR, • N£BRASKA
,<
a off' ai �.�. � •._.. ,.4�.y�..r'' �Cr .,�:.r:.. •`c�. �i5, ; .,f '� � �
IN WITNESS WHEREOF, the grantors have signed this
easement this — Zl day of July, 1973.
Vance R. Worth
Ruth H. Worth
STATE OF NEBRASKA,
I as:
WASHINGTON COUNTY )
On this �_1L day of July, 1973, before me, the under-
signed a Notary Public, duly commissioned and qualified for in said
county, personally came Vance R. Worth and Ruth H. ' Worth, husband
and wife, to me known to be the identical persons whose names are affixed
to the foregoing easement and acknowledged the execution thereof to be
their voluntary act and deed,
Witness 'my. hand and Notarial Seal the day and year last above
written.
M =Gi NOTARY t
m r MMO d Rebraeka
Pf rAMA laol04 Expires
WrCil 14, 1976 Notary Pub c
My commission expires.
.s
OFFICES OF
O'NANLON $ MARTIN
:•', rc F1 L E V
AGREEMENT
95 SEP 19 PM 12: 34
The undersigned being the' owners of. thy.following -described
real estate, to -wit: C11AftL0TTE L, PETERSEN
YiASFIINQTON COUNTY,CLERK
GLAIR, NEBR,
TAX LOT 163 SECTION 14, TOWNSHIP 18, RANGE 11
hereby acknowledge that they have made an application to the.City
of Blair for the waiver of the requirement for the construction of
sidewalks* in conjunction with the construction of a residence
thereon. Said owners further hereby specifically agree that said
waiver is not a permanent waiver, and that at'any time the City of .
Blair requests or requires that a sidewalk be constructed on such
real estate,, the owners hereby agree that they will, within a'•'
'reasonable time, construct such sidewalk 'or participate in a'
sidewalk improvement district if same is created by the City .of
Blair.
The owners hereby specifically agree that this agreement shall
constitute a covenant which shall run with the land, and that upon
the filing' of this agreement against the real estate described
hereinabove, all successors, assigns, or transferees shall be bound
by the terms and conditions of this agreement as though an original
party hereto.
This agreement shall be binding upon the heirs, personal,
representatives, successors, and assigns of the undersigned. .
Dated: 15.
BILL FREDERICK
STATE OP NEBRASKA. )
ss
WASHINGTON COUNTY )
19 9.
,r
ANNETTE FREDERICK
i; he, foregoing instrument. was acknowledged .before me on
19 9,L < by �rCrl J i'i • 7C�t�a r
GENERAL N01"'_State of laebr ka
13RENDAR.TAr.oR NOTARY PUBLIC
WY COMM. fxp. June 20,1996
0
CERTIFICATE OF TRANSCRIPT
STATE OF NEBRASKA, )
Washington County 3 ga.
IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA
I, John A. Carrigan, County Judge, in.and for said Oounty, do herebycertify that I have
compared the foregoing copy of Will, Certificate of Probate of Will, and Decree and Assignment
Under Will, in the matter of the estate of Diedrich Schmidt, Deceased, with the or,ginal record
thereof, now remaining in said Court; that the same is'a correct transcript thereof, and of the
whole of said original recordl and that I have the legal custody and control of said original
reoord; that said court is a court of record, has a seal, and that seal is hereto affixedl and
that the foregoing attestation is in due form, according to the laws of the State of Nebraska.
IN'WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said court this
27th day of February, A. D., 1942.
John A. Carrigan
(SEAL OF THE COUNTY COURT) County J,tidge.
Bessie J. French,
Clerk.
WARRANTY DEED, Vesting )
KNOW ALL 2,01 BY THESE PRESENTS, That W. W. Freeland, a single
Entire Title in survivor
j
man, In consideration of Twenty-one Hundred and no/100 DOLLARS
W. W. Freeland
in hand paid, do hereby grant, bargain, sell, convey and non -
to V
firm unto U. B. Reeves and Lucretia Reeves, husband and wife,
U. S. Reeves and
Lucretia Reeves
as JOINT TENANTS, and not as tenants in common; the following
Filed March 2, 1942
described.real estate, situate in the County of Washington
at lO t 45 o'clock A. 14.
and state of Nebraska, to -wit!
Helen K. Bolt, County Clerk
Commenoing at a point 43.65 reds Eaet of the southwest
_ _ _ _ _ _ _ - _
-
corner of the Northeast quarter of the Southwest Guar-
fourteen (14) in Township eighte6n (18)
ter of section
North, Range eleven (11) Eastofthe 6th P.14.,
thence North fifty-five (55) rods,Eastthirty-
six and one half (36.5) rods, thence South fifty-five
six
(36.5)
(55) rods, thence West thirty-six and•one-half
rods to the place of beginning, containing 12.50 acres,
more or less, and known as Tax Lot forty-two (42) in
said section 14 aforesaid. The grantor reserves -one-
half of all oil and mineral rights'on said premises.
together with all the tenements, h4reditaments, and appurtenanoea to the same belonging, and
all the estate, title, dower,
right of homestead, claim or demand whatsoever of the said gran-
tor, of, in or to the same, or any part bhereofy subject to, no exceptions,
It being the intention
of all parties hereto, that in the event of the death of either of
said grantees, the entire fee simple title to the real estate described here in shall vest in
the surviving grantee.
To HAVE AND TO HOLD the
above described premises, with the appubtenances, unto the said
grantees as JOINT TENANTS, and
not as tenants in common, and th their assigns, or to the heirs
and assigns of the survivor
of them, forever, and I the grantor named herein for myself and my
heirs, executors, and administrators,
do covenant with the grantees named herein and with their
assigns and with the heirs,and assigns of the survivor of them, that T am lawfully seized of
said premise a; that they ane
free from incumbrance except as stated herein, and that I the said
grantor have good right and
lawful authority to sell the same, and tb.At 1 will and my heirs,
shall warrant and defend the same unto the grantees named herein
executors and administrators
:2
Lod unto their assigns anduunto the heirs and assigns of the survivor of them, forever, against
;he lawful elaits of all persons whomsoever, excluding the; exceptions named herein.
•IN WITNESS WHEREOF I have hereunto set my hand this 2Eth day of February, A. D. 1942,
In presence of W. W. Freeland
i. C. Debel
STATE OF Pdbraska )
)) se, On this 29th day of February A. D. 1942, before me, A Note
)ounty of Washington
Pub11a,• ln•iend for said County, personally came the above
lamed W. W. Freeland, a single man, who is personally known to me to be the identical person
chose name is affixed to the above instrument as grantor, and he acknowledged said instrument
to be his voluntary act and deed.
WITNESS my hand andrNotarial Seal the date last aforesaid.
(NOTARIAL+SEAL) A. C. Debel Notary Public,
My commission expires on the let day of October A. D. 1947
02.75 Revenue Stamps, Cancelled,
CORPORATION DEED ✓ ) KNOW ALL MEN BY TRUE PRESFNTS: That Bankers Life Insurance
Bankers Life Insurance )) Company of Nebraska, a corporation, organized under the laws
Company of Nebraska
1of the State of Nebraska, of the County of Lancaster and
to �
w State of Nebraska, party of the first part, in consideration
Eva L. Hammond
of the sum of SIX THOUSAND AND NO/100$---(46,000.00)--AOLLARS
Filed March 2, 1942
at 11,20 o'clock A. M. in hand paid by Eva L. Hammond party of the second part, of
Helen K.Bolt, -County Clerk Dodge County, State of NEBRASKA, does hereby sell and convey
-
_ _ unto the said Eva L. Hammond., party of the second part, the
followtUg described premises, situated in Washington County, State of Nebraka, to -watt
North Half of the ,Northeast Quarter (NJ NEB' of Section Nine (9), in Township Seventeen
(17), North, Rapge Eleven (11), East of the Sixth Principal Meridian, with possession
reserved until March Let, 1942.
TO HAVE AND TO HOLD the above described premises, together with all appurtenances thereunto
belonging unto the,said Eva L. Hammond
Bankers Life Instirahee Company of Nebraska hereby covenants that the said premises are Pre
and clear from all liens and encumbrance a'done or suffered by it, and hereby covenants to warra
and defend the title to the said premises against any date of the -party of the first part and
against the lawful claims or demands of all persons claiming under party of the first part,
- IN WITNESS WHEREOF;, the party of the first part has caused these presents to be Signed by
its President and attested by its Secretary and the corporate seal to be hereto attached this
14th day of November, 1941.'
Attests BANKERS LIFE INSURANCE COMPANY
Fred M. Sanders Secretary. OF NEBRASKA
WITNESS: L. Armstrong By H. S. Wilson
President.
(CORPORATE SEAL)
STATE OF NEBRASKA, )
)) Be.
Lancaster County
On this 14th day of November, A. D., 1941, before me, the underelgned, F. J. Marshall, a
Notary Public, duly commissioned and qualified for and residing in said county, personally came
the above named-H. S. Wilson, president, and Fred M, Sanders, Secretary,. of Bankers Life Insur-
ance Company of Nebraska, who are personally known to me to be the identical persona whose names
G
C
145
WARRANTY DEED, Vesting Entire y11) KNO.W ALL MEN BY THESE PRESENTS,
Title In Survivor )
) That U. S. Reeves and Lucretia Reeves, husband and wife,
.U. S. Reeves and Lucretia Reeves, )
husband and wife ; and each in their own right, in consideration of Fifty -
To ) two Hundred Fifty and no/100 - - - - - - - DOLLARS in
John J. Jensen and Etta L. 4 ) hand paid, do hereby grant, bargain, sell, convey and
Jensen, husband and wife )
confirm unto John J. Jensen and Ettq L. Jensen, husband
Filed February 27, 1947 at 3:40 )
o'clock P. M. ), and wife, as JOINT TENANTS, and not as tenants in common
Louis C. Farnberg, County Clerk ) the following desoribed real estate., situated in the
-
County of Washingtonand State of Nebraska, , to -wit:
Tax Lot Forty-two (42) of Section Fourteen (14) in Township Eighteen
(18), North, Range Eleven (11)7East of the Sixth Principal Meridian,
in Washington County, Nebraska except one-half of oil and mineral
rights heretofore reserved by 111. W. Freeland in his deed to the
grantors herein,
together with all the tenements, hereditaments and appurtenances to the same belonging, and
all the estate, title, dower, right of homestead, claim or demand whatsoever of the said
grantors, of, in or to the same, or any part thereof; subject to public highways.
IT BEING THE INTENTION OF ALL PARTIES HERETO, THAT IN THE EVENT OF THE
DEATH OF EITHER OF SAID GRANTEES, THE ENTIRE FEE SIMPLE TITLE TO THE REAL ESTATE DESCRIBED
HER SHALL VEST IN THE SURVIVING GRANTEE.
TO HAVE AND TO HOLD the above described premises, with the appurtenances,
unto the said grantees as JOINT TENANTS, and not as tenants in common, and to their assigns,
or to the heirs and assigns of the survivor of them, forever, and we the grantors named
herein for ourselves and our heirs, executors,.and administrators, do covenant with the
grantees named herein and with thel.r assigns and with the heirs and assigns of the survivor
of them, that we are lawfully seized of said premises; that they are free from 3.ncumbranca
except as stated herein, and that we the said grantors have good right and lawful authority
to sell the same, and that we will and our heirs, execlitors and administrators shall warrant
r
and defend the same unto the grantees named herein and unto their assigns•ar}d vtito their
heirs and assigns of the survivor of them, forever, against the lawful claims of all persons
whomsoever, excluding the exceptions named herein.
IN WITNESS WHEREOF we have hereunto set our hands this 27th day of
February, A. D. 1947.
In presence of
Philip O'Hanlon
U S Reeves
Lucretia Reeves
STATE OF Nebraska )
)as.
County of Washington)
On this 27th day of February A. D. 1947, before me, a Notary Public, in
and for said County, personally came the above named U. S. Reeves and Lucretia Reeves, hus-
band and wife, who are personally known to me to be the identical persons whose names are
affixed to the above instrument as grantors, and they acknowledged said instrument to be
their voluntary act and deed.
WITNESS mry hand and Notarial Seal the date last aforesaid.
Philip O'Hanlon Notary Public.
MY commission expires on the 29th day of May A. D. 1952
(Notarial Seal)
Revenue Stamps $6.15 Cancelled
i
• �r9"
DEED OF ADMINISTRATOR WITH THE WILL ANNEXED
KNOW ALL, MEN BY THESE PRESENTS that, inj`pursuance of an order
I
of Hon. Rudolph Tesar, Judge of the District Court of Washington County,
Nebraska, made onM�w-eInban 16,19641 1 was licensed by such judge to sell j
at public auction in the manner provided by law the real estate hereinafter
described; that thereupon I gave notice of the time and place of such sale
as required by law and at the time and place thexein specified after such
i
sale had been held open one hour, I sold such real estate at public auction
to Bernard M. Reeh and Donald Feer as tenants in common for the sum of
$25, 00, they being the highest bidder therefor; that such sale was there-
upon reported to such judge and by him in all things confirmed, and I was
ordered to convey such premises to such purchasers, upon receipt of the
sale price.
Now, therefore, I, Gifford L. Dixon Sr. , Administrator with the will
annexed of the Estate of W. W. Freeland, Deceased, in consideration of
$,25. 00 so'bid by the above named purchasers,
the premises and the sum of
and by virtue of the powers entrusted in me by such order and proceedings,
do by these presents grant, sell and convey unto the above named Bennard
I
M. Reeh and Donald Feer, as tenants in common and unto their heirs and
assigns the real estate described as follows, to -wit:
I
One-half (1/2) of all oil and mineral rights on Tax Lot Forty-two (42)
in Section Fourteen (14) in Township Eighteen (18) North, Range
Eleven (11) East of the 6th P. M. in Washington County, Nebraska,
containing 12.50 acres more or less
with all appurtenances thereunto belonging to have and to hold the same
unto the grantees and to their heirs and assigns forever,
Dated December 21, ,1964.-rX_ /-A'Lu?�� J !
Administrator with the will annexed of the Estate of
W. W. Freeland, Deceased.
i
WALTER G. HUGER
AT{DANV•AT•4W
GLAIR, NEBRASKA
Cl Y/ Iq C/
STATE OF NEBRASKA, County of Washington:
Before me, a notary public qualified for such county,
personally came Gifford L. Dixon Sr, , as Administrator with the
will annexed of the Estate of W. W. Freeland, Deceased, to me
personally known to be the identical person who executed thefore-
going deed as grantor, also known to me to be such administrator
with the will annexed, and he, as such administrator with the will
annexed, acknowledged the same to be his voluntary act and deed.
Witness myT+and and notarial seal on,z(�— - a 1--
1464. 'General Notary Public
My commission expires October 11, 1970,
0 E,'V "E.
c.......... �
OF e
State of Nebraska ss County of of Washington
Entered 1 Numerical Index a filed for re rd Recrd oed
this day of tlo �—
A. D., 19 at,L ' l o'clock M. t�eaeral��i_
and taoorde i ok at pag - c� j �lumericai f
Photostat
County Clark" �
Deputy
WALTER 0. HUUER
ATfOM1N6Y-AS•}AW
BLAIR, NEBRASKA
511
IN THE COUNTY COURT OF WAS TNGTON COUNTY, NEBRASKA
IN THE MATTER OF THE ESTATE OF )
FINAL DECRW,
W. W. FREELAND, DECEASED )
On this 14th day of May, 1965 this cause came on for
hearing upon the petition of Gifford L. Dixon Sr., Administrator
with the will annexed of the Estate of W. W. Freeland, Deceased
and for assignment of the estate under his will, and it satis-
factorily appearing to the court by proof now on file that all
persons interested in this .matter had due notice of the time and
place of hearing and it further appearing to the c ourt upon!
hearing the evidence and examining the report of the administrator
with the will annexed filed herein on April 27, 1965 that the
executob has in all things faithfully and Justly performed All
the duties which by law and the order of this court were enjoin-
ed upon him and that he has faithfully accounted for and ha4
administered all of the assets of the estate which has come into
her possession in pursuance to law; that due notice to creditors
has been given as required by law, proof of which is now on file
herein; that the time limited for filing claims as fixed by the
court was November 16, 1962 and this limit having expired an
order barring claims was duly entered.
It further appearing to the court from the report and
proof submitted that the administrator with the will annexed
has paid all claims filed and allowed against the estate; that
the expenses of last illneas and the. funeral bill of the deceased
together with all personal property taxes have been paid in •full
and satisfied; and that'proper receipts have been exhibited ,to the
court covering all items shown on the report and which are to be
paid by such administrator with the will annexed.
The court further finds that the estate is not subject to
Federal Estate or Gift Taxes or State Estate or Inheritance
Taxes. •
The oourt further finds that the deceased left surviving
him as his only heirs at law his nephews William J. Freeland)
Francis P. Freeland and Clifford Phillip Smith and his nieces
Edna Smith Metzger, Marie Kinyoun and Olive Smith Ray but that
all of his property passed under his will.
�q h11
512
-2-
The court further finds that at the time of his death the
deceased owned the following described real estate, to-ait:
The west 10 feet of Lot 2 and all of Lot 3 in Rlock
56 in the City of Blair in Washington County, Nebraska.
Lot 15 in Nashville in Washington County, Nebraska as
surveyed, platted and recorded except a piece 8 feet
square around a well, excepted by warranty deed recorded
in Book 57 of deeds on page 11 of the deed records of
Washington County, Nebraska which piece is more particu-
larly described as follows: Beginning at s point 15.5 feet
westerly of the easterly line of such lot; thence wester-
ly 8 feet along a line parallel with the northerly line
of such lot; thence northerly 8 feet along a line pars-
llel with the easterly line of such lot to a point 35.5
feet southerly of the northerly line of such lot; thence
easterly 8 feet along a line parallel with the northerly
line of such lot; thence southerly 8 feet along a line
parallel with the easterly line of such lot to the
place of beginning.
Lot 19 in Nashville in Washington County, Nebraska
as surveyed, platted and recorded.
Lot 20 in Nashville in Washington County, Nebraska
as surveyed, platted and recorded.
Lot 21 in Nashville in Washington County, Nebraska
as surveyed, platted and recorded,
Lot 22 in Nashville in Washington County, Nebraska
as surveyed, platted and recorded.
Tax Lot 35 in Section 31 in Township 17 North, Rarige
13 East of the 6th P. M. in Washington County, Nebraska.
Lot 24 in Nashville in Washington County, Nebraska
as surveyed, platted and recorded except that part
thereof dedicated for street purposes on September 1,
1920 as per plat certified by Nelson Engineering
Company recorded in the deed records of Washington
County, Nebraska.
Lot 25 in Nashville in Washington County, Nebraska
as surdeyad, platted and recorded except that part
thereof dedicated for street purposes on September 1,
1920 as per plat certified by Nelson Engineering
Company recorded in the deed records of Washington
County,Nebraska,
Lot 26 in Nashville in Washington County, Nebraska
as'surveyed, platted and recorded except that part
thereof dedicated for street purposes on September 1,
1920 as, per plat certified by Nelson Engineering
Company recorded in the deed records of Washington
County, Nebraska.
Lot 27 in Nashville in Washington County, Nebraska
as surveyed, platted and'recorded except that part
thereof dedicated for street purposes on September 1,
1920 as per plat eertified•by Nelson Engineering
Company recorded in the deed records of Washington
County, Nebraska.
Tax Lot 34 in Section 31 .in Township 1.7 North, Range
13 East of the 6th P. M. in Washington County, Nebraska.
Tax Lot 6 in Section 2 in Township 19 North, Range 11
East of the 6th P, M. in Washington County, Nebraska.
512
a
513
-3
One-half (1/2) of all oil and mineral rights on Tax
Lot Forty-two (42) in Section Fourteen (14) in
Township Eighteen (18) North, Range Eleven (11)
East of the 6th P. M. in Washington Cour.ty, Nabraska,-
containing 12.50 acres more or less.
gas
Mineral,/and oil rights on the Southeast Quarter (SE4)
of Section Twenty-two (22), on the South Half (S'n) of
$action Twenty-three (23) and on the Northeast Quarter
(NE4) of Section Twenty-six (26) in Township Thirty-
four (34) North, Range Fifty-three (53) West of the
6th P. M. in Sioux County, Nebraska, containing 640
acres more or less, reserved for a period of Thirty
(30) years commencing on the date that title vested
in the United States under a warranty deed from W, d-
Freeland, single, to the United States of America
executed on August 11, 1939 and recorded on October 30,
1939 in Book W on pages 548-550 of the dee.d records of
Sioux County, Nebraska and Mineral, gas and oil righte
on the following described real estate in Sioux County,
Nebraska reserved for a period of Thirty (30) years
commencing on the date that title vested in the Unite¢
States under a warranty deed from W. W, Freeland, single
to 'the United States of America executed on May 10, 1%0
and recorded on 'May 17, 1940 in Book W of Deeds on
pages 609-610 of the deed records of Sioux County, Nebras-
kp, to-wit:The East Half (E'A) and the Southwest Quarter
(SW34) of Section Seventeen (17) and all of 3ection
Twenty (20), Township Thirty-four (34) North, Range
Fifty-thraa (53) West of the 6th P. M. less a strip of
lend comprising the Chicago, Burlington a Quincy.
Railroad right of way across the East Half (EkS) of said
Section Seventeen (17) containing 7.17 acres and des-
cribed as follows: All lands within 100 feet on aithee
side of a center line described as follows, to -wit:
Beginning at a point on the cast line of said Seotion'17,
2120 feet north of the Southeast corner of said Section
17; 'thence angling right from said section 161 degrees
28 minutes, a distance of 120 feet to a point of cur-
vature; thenoe a 2 degree curve to the right a distance
of 420 feet to a point where said line intersects the
center line continued on a 2 degree curve 745 feet to.
the point of tangency; thence in a straight line 1358'
feet to a point on the east line of said Section 17,
540 feet south of the northeast corner of said Section
17; thence proceeding on said line of tangency to a point
where said line intersects the north line of Section
Sixteen (16), Township Thirty-four (34) North, Range
Fifty-three (53), West of the.6th P. M.; containing
1, 112.83 acres more or less.
but that all of uch real estate was sold to pay debts and
expenses of administration under licenses granted by the District
Court of Washington County, Nebraska , Case No. 63190 Doe. T,
page 39;-and that after payment of the debts and expenses of
administration the residue of $1,200.42 should be divided as
follows, to -wit:
a. 41.58% or $499.13 to Francis B. Freeland also known' as
Francis B. Freeland, Sr., devisee under a specific devise
under paragraph 3 of the will of the decedent. '
b,, 58.42% or $701.29,'to� e Kinyoun also known as
Marie H. Kinyoun, devisee under a specific devise under
paragraph 5 of -the will of the decedent;
.15 13
514
-4-
It is therefore ordered that Gifford L. Dixon Sr, be
discharged from any and all liabilities concerning his admin—
istration of this estate, to date 1,)3 reof, and his doings and
proceedings are forever quieted insofar as all matters and
things which have come before the court are concerned.
It is further ordered that the estate of the deceased be
and the same is hereby assigned to the following persons named
in and under the terms and conditions of the will of the deceased,
to —wit:
a. The sum of $499.13 to Francis B. Freeland.
b. The sum of $701.29 tol_ Marie H. Kinyoun. _e ._
and upon return of proper vouchers showing payment of such sums
that an order for discharge from his trust as administrator with
the will annexed be issued out of and under the seal of this
court to Gifford L. Dixon Sr,
(SEAL) .. ..$, d..414"BV....
County Judge
Filed May 14, 1965
Fi. J. MADSEN, CO. JUDGE
18Y M. A. CLERK
2 7 2—Certifccato of Probate of Will
�'Ppq'E of IsA
`�0 WASHINGTON
A2' n Sesstoty ov'cnL Coorrre Goun•r krald at the County Court Ruom it
B1air,Nebraska
in said County, Oft tho23rd clay or July A. D. 19 62present
H. J .MADSEN County In the matter or the ostnte of
W. W FREELAND deceased, .l
H.J. MADSEN
County Judge in and Coe said county, do hereby certify that on the
7th day or
June A. D. 1962 , the instrurneiit purporting to he the last will and testament or
W. W. FREELAND deceased, was lilud for probate in this Court.
`.Chat on tilt
23rd day or ---July A. D. 19 6� said instru-
trteut to which this is aaachud was duly proved, probated, and allowed, as the last will and testantcnt of the said
W . W. FREELAND deceased, and the same was ordered to be recorded
ill the records of the Court aforesaid,
(SEAL) IN WI TIVGS•S WffOiWe I have hereunto set n,y hand sad tite seal of till
1962 y July
Filed JU7..23, id Cotuit Court this 23rd clay ut�
H J. MADSEN CO.JUDG,
M2LD'RED ALTEIgiUSE,CL,p 19 62 H. J. MADSEN
County Judge
..1
wzL1✓ � •
1, William W. Freeland, a resident of 1509 Linc ion_ "ut
Street in Blair in Washington County, Nebraska do hereby re- _^
voke all my former wills and codicils and declare this to be my
last will,
1, I direct my personal representative to pay all claims
allowed against my estate, the administration expenses, the court
costs of administering my estate, and the additional expenses, if '
any, of determining inheritance taxes and estate taxes payable as
result of my death.
Z. Subject to the foregoing L give the sum of $900. 00 to
the Assembly of God Church of Blair, Nebraska and direct that
$600, 00 of it be used for its building Fund and the balance of $300. •00
for its general expenses. z specifically direct that my personal estate
shall be the only and exclusive fund for the payment of this legacy, and
this legacy shall not under any circumstances become a charge upon
any real estate included among the assets of my estate.
3, Subject to the foregoing I give my home located at 1509
Lincoln Street in Blair, Nebraska and described as the West Ten (10)
feet of Lot Two (2) and all of Lot Three (3) in Block Fifty -Six (56) in
the City of Blair in Washington County, Nebraska; Lot Fifteen (15) in
Nashville in Washington County, Nebraska as surveyed, platted and
recorded and Lot five (5) in Block Twenty -Two (22) in Fisco Tract
in Tulsa, Oklahoma to Francis B. Freeland of 408 Grayson Court,.
Menlo Park, California who is a son of my deceased brother Frank
Freeland.
4, Subject to the foregoing l give my residential property in
Watson, Michigan to William S. Freeland of San Diego, California who
is a son of my deceased brother Frank Freeland,
5. Subject to the foregoing 1• give all of the rest of my real 'estate
\\V in the a ove described Nashville and all of my real estate in Nashville
AWitnes WALTER o. plueER estator
AVTAPAN AY **
Acres in WashinghDn County, Nebraska as surveyed. platted and
recorded to Marie Kinyoun of 825 Washington Avenue, Apt, 6,
Santa Monica, California who is the daughter of my deceased brother
,lames Freeland,
6. Subject to the foregoing I give all of the rest of my pro-
perty as follows:
a, $1, 000, 00 to my former auditor Minnie Mehl of 3114 Avenue
B. Council Bluffs, Iowa.
b. The residue to the above named Francis B. Freeland,
William J, Freeland and Marie Kinyoun in equal shares.
7. I make no provision for the son and daughter of my de-
ceased brother Charles Freeland as I deem this to be unnecessary,
8. I hereby nominate my friend Emmett W, Steffen of Blair,
Nebraska to be executor of this my will and of my estate, if he dies
before me or is unable or unwilling to act, I nominate my friend William
l.I, Seitz of Fort Calhoun, Nebraska to be executor of my will and of
my estate. If he' dies before me or is unable or unwilling to act I
nominate the above named Minnie 14ehl of 3114 Avenue B, Council Bluffs,
Iowa to be executrix of my will and of my estate.
9, 1 hereby authorize my personal representative whoever he
might be, to sell publicly or privately, for cash or on time, the personal
property in my estate, and to make proper deliveries, assignments and
conveyances incident to. such sale or sales,
10. I direct my personal representative to pay from my residuary
estate all estate, transfer and inheritance taxes, federal and state, and
interestthereon, imposed by reason of my death on my probate and non -
probate estate.
estator
WitnessI`
5^�
W.LTER 0. HUBER
'
ATl'BAM�Y'AY•4AY+
RLAik, HEBRASWA
518
Certificate of CT ranscript
STATE Oil NEBRASKA
ss.
WASHINGTON COUNTY
IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA
11 _ H.J.MADSEN
r have compared the foregoing copy of
IN THE MATTER OF THE ESTATE
County Judge in and for said County, do hereby certify that
OF W. W. FREELAND, DECEASED.
PROBATE J
CASE NO. 4842
PAGE NO. 523
WILL
CERTIFICATE OF PROBATE OF WILL
FINAL DECREE
State of Nebraska ii o7`
County of Washington ( ss.
Entered in Nl:mer";a Index and filed for record
this_ _ , e5y of
A. D., lo_ �r at�l ' p c'clac
end recorded i. ' k-�l -_at
ounTy Cier�i c J
General .... _..,
Numerical_.,L/
—
with the original record thereof, now remaining in said court; that the same is a correct transcript thereof, and
of the whole of said original record; that r have the legal custody and control of said original record; that said
court is n court of recent, has a opal, and that said seal is hereto affixed; end that the foregoing attestation is
in due form, according to the laws of the State of Nebraska.
z4t11
IN 15'7TNE:S wFIEttCtlF [have hereunto set my hand and affixed the seal of said court this ._.._..._ ..__..
day of ._._...... M$y....__._...--`-. A.D., 19.65'
COUNTY JUDGE
i'�41 r1111�i1j
�1�.L>���5/. 'c��,.
ri wr���! By:—..
l.L/J —�
1,
,M.y�yyr.kf�,�.t•
CLERK Or COUNTY COURT