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2023-10-30 Atkinson Sue- DeedWASHINGTON COUNTY NEBRASKA Filed for record on October 30, 2023 at 09:06 AM Instrument No. 2023-02725 (3 Pages arolyn'M todola, Register of Deeds NEBRASKA DOCUMENTARY STAMP TAX Oct 30, 2023 Exempt-2 By: BA Recorded ✓� General Numerical Photostat Proofed / ScanvicA WARRANTY DEED —INDIVIDUAL (page 1) PROJECT: Hollow Road TRACT: 3 KNOW ALL MEN BY THESE PRESENTS: THAT: Sue Atkinson, a single person, hereinafter known as the Grantor, whether one or more, for and in consideration of the sum of Ten thousand four hundred sixty and 00/100 dollars- ($10,460.00) in hand paid does hereby grant, bargain, sell, convey and confirm unto City of Blair, Nebraska, the following described real property situated in Washington County, and State of Nebraska, to -wit; See attached Exhibit "A" Land Acquisition Legal Description TO HAVE AND TO HOLD said real property, hereby known to include real estate together with all Tenements, Hereditaments and Appurtenances thereunto belonging, unto CITY OF BLAIR, A NEBRASKA MUNICIPAL CORPORATION, and to its successors and assigns forever. Said Grantor does hereby covenant with CITY OF BLAIR, A NEBRASKA MUNICIPAL CORPORATION, and with its successors and assigns; that said Grantor is lawfully seized of said real property; that said real property is free from encumbrance; that said Grantor is duly authorized to sell said real property; that said Grantor warrants and will defend that title to said real property against the lawful claims of all persons, whomsoever. i ~__'/ �/\ kt �('* �' All / ` WARRANTY DEED — (page 2) PROJECT: Hollow Road OU|y executed this �� _day of th, �h)Q' LhA)AM Sue Atkins'o"n STATE OF NEBRASKA )se. TRACT: 3 On this day of A.D., 2023' before me, G General Notary Public, duly commissioned and qualified, personally came Sue Atkinson 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 Ooyhand and notarial seal the day and year last above written Notary Public. )J Myoommi8sionexpireethe—�dayof J `�! 2 wtGENEK NOTARY - =Stateof Nebraska TOM L,. LUND TAX LOT 241 ROW AQUISITION SUE ATKINSON TAX LOT 242 5/8" REBAR w� � HJ O O O � O oM Z M / L 379.95'(M) I5/8" REBAR L 5/8" REBAR W/1-1/4" YPC "SURVEY MARKER LS 760" SW COR, NE1/4 SW 1/4 SEC, 14-T18N-RILE TAX LOT 241 S89°33'28"E 99.78'(M) 100.11'(M&R) SOUTH LINE OF TAX LOT 241 AND SOUTH LINE OF NE1/4 SW1/4 SEC, 14-18-11 VICINITY SKETCH WASHINGTON COUNTY NEBRASKA RIIE LEGEND MUNUMEM'VOUND I MONUMEN-F SL'I' nww 1+nlw CALCIJLA'ITD POW M WASUMDDISTANCE It I1-CORD DISTANCE GRAPHIC SCALE p sW1/41sec 14 ® ACQ0ISI'I'ION ALMA 1 5--'—U AV IH I FO IIa NOTE: ALL BEARINGS ARE ASSUMED. nrcn! � 10/27/2020 6cA1.1! DRAWN uRAWN TEP JOB NO. 201597 FIELD BOOK BLAIR 49 ilo /;oijuIN M13"nolIP 800.723,8567 FIBI.D WORK v ,stilnir I OI' I I Il.li 1JD, 000000 Omaha, NE 402,934.3600 www, -.— Eev'emonl.dv+p, on 10rz771020 J.60 PI.1, P:19urvcylnp1201597.00-Clty of Ololr 1lolbw Rood ROVnS Survay\Oro,vinOe�V-201697,00 TAX LOT 224 5l8" REBAR N N o O O U) U)M 842.03'(M) 5/8" REBAR LEGAL DESCRIPTION: 1/2" REBAR SE COR. NE1/4 SW1/4 SEC, 14-T18N-R11E THE SOUTH 33.00 FEET OF TAX LOT �OCATED 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 O.OB ACRES, MORE OR LESS. 2023-02725 CITY OF BLAIR, NEBRASKA LOCAL POLITICAL SUBDIVISION ACQUISITION CONTRACT (REVISED) Project: Hollow Road Tract No.: 3 THIS CONTRACT, made and entered into this day of b Gto 2023, by and between, Sue Atkinson, hereinafter called the OWNER, and City of Blair, a Nebraska municipal corporation, hereinafter called the BUYER. WITNESSETH: In consideration of the payment or payments as specified below, the OWNER hereby agrees to execute to the BUYER, a deed which will be prepared and furnished by the BUYER, to certain real estate described in Exhibit "A" Land Acquisition Legal Description. See Attached Exhibit "A" Land Acquisition Legal Description. The BUYER agrees to purchase the above described Land Acquisition and to pay, therefore, upon the delivery of said executed Deed. If the OWNER so desires, they shall have the right to receive 100% of the final payments due under this contract prior to vacating the premises being acquired. 3,485 s/f x $3.00 s/f = $10,455.00 rd. to $ 10.460.00 Landscape Damages: $5.335.00 See Attached Landscape Estimate No, 817 TOTAL It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the premises described above, r all damages caused by the establishment and construction of the The above payments shall cove which will be paid for in an amount based on the yield above project except for CROP DAMAGE, if any, 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. d by both arties, but should This ontract above real estate shbe all be required, this contract shall terminate uponnding on both parties as soon as it is he 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. ntalned in t contract. complete ven he statements Go underst odt is understandt that no prom seng and explanation has been lot s verbal agreementsorundeers ale d nding, exxcepts setforth in this contract,ccontract,will behonoredbylthe BUYER. BUYER OWNER Dated this ( day of ___..____.V..G ' v � , 20 23 ..........._.....__. ...................... ....._.................._ On the above dale, before me a General Notary Public duly commissioned and qualified, personally came rn�_._[t_t_._... . (Name and Titlej........... .___....... ...__...... ___......_..........._.__._..__....._............_._........_.._ On_behalf_of_the_ Cily of_81air,. 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 - 5t%Ts of Nebraska BRENDA R WFIEL-LER My Comm, E p. June 20, 2024 Sue Atkinson r r � ' Date r ........../v_-- ___--- _ _ Dated this --.-: _ry .... day of ............... s,✓... _ t � 5 :.¢ .,,._. 20 23 _._..._ On the above dale, before me a General Notary Public duly commissioned and qualified, personally came sue..Atkinson_.._..... ----...... _...... ...._.............. ._..... ..._....._... ........ ........... .._...... .__..........__._......_..._.._.._..._._... 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 ST the day! �nd year ab a ritlen. Notary.._........_....._...._._...._._.._.._{....._...__.._rd.D�........._._ ............._C!_..._ .... .. .- STATE OF Nebraska ss. Washington County GENE=Stataska TAX LOT 241 ROW AQUISITION SUE ATKINSON TAX LOT 242 5/8" REBAR IB a^, m a71 0 o� O o � O Z t L 379,95'(M) 511" REBAR 5/8" REBAR W/1-1/4" YPC "SURVEY MARKER LS 760" SW COR. NE1/4 SW IA SEC.14-T18N-R11E TAX LOT 241 SB9o33'28"E 100.11'(M&R) SOUTH LINE OF TAX LOT 241 AND SOUTH LINE OF NE114 SW1/4 SEC. 14-18-11 VICINITY SKETCH WASHINGTON COUNTY NEBRASKA RILE LEGEND MONUMENf POUND MONUMENT SET LM1°°" tp 14 CALCULATED POINT 7 F M MEASUREDDISTANCE R RECORD DISTANCE GRAPHIC SCALE — — -- Swv4ISEC 14 E22 ACQUISITION AREA 1 5 10 20 a\V II" I sa II" NOTE: ALL BEARINGS ARE ASSUMED. DATH MI 10/27/2020 SCALE 1 =20' nunwN . TEP JOB NO. 201597 FIELD BOOK BLAIR 119 JYO CONEADMOO On00n 800,723.8567 FIELDWORK KT 61ILI T I Oil 1 FILLNO. 000000 Omaha, NE 402,934.3680 www.leo.com on =70020 3',50 PM. P:1SumeyIn01201697.00 - Cltyof 81,14 HOW Road BOMB 8u-yNraWln9alSV-201597.00 Eaeomonl.dWo. TAX LOT 224 6/8" REBAR N o 6 O M 842,03'(M) 5I8" REBAR 1/2" REBAR SE COR. NE1/4 SW 1/4 SEC,14-T18N-RIIE LEGAL DESCRIPTION: --jq1 THE SOUTH 33.00 FEET OF TAX LOTLOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14 TOWNSHIP 18 NORTH, RANGE 11 EAST, OF THE 6TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASI<A. CONTAINING 0.08 ACRES, MORE OR LESS. Acf ® NEGOTIATION ❑ RELOCATION ASSISTANCE CALL REPORT CALL DATE AMOUNT OFFERED SALVAGE OFFERED COUNTER OFFER PERSONS PRESENT ON VISIT NO. none none Sue Atkinson 1 08/25/23 $10,460.00 Sue Atkinson 2 10/05/23 $15,795.00 REPORT OF DISCUSSION: 08/25/23 1 met with Sue Atkinson at her home. She said she was fine with the offer and signed the Warranty Deed. I informed her that there will be landscape damages on her property and I would be mailing her a revised offer and revised ROW Acquisition contract soon. I thanked her for her time and left. 09/13/23 1 mailed a revised offer and ROW Acquisition to Mrs. Atkinson. 10/05/23 1 met with Sue Atkinson at her home. She said that she was fine with the revised offer for the landscape damages. She signed the revised ROW Acquisition contract. I thanked her for her time and left. PROJECT NUMBER: Hollow Road AGENT: (Signa re) TYPED NAME OF AGENT: TOM LUND TRACT NUMBER: PROPERTY TENANT: 3 DATE: PROPERTY OWNER: _ Sue Atkinson AP-12 None CITY OF GLAIR, NEBRASKA Just Compensation Determination Project: Blair, NE, Hollow Road Tract No,: 3 Property Owner: Sue Atkinson Having reviewed all of the pertinent facts and information available, my determination is that $10,460.00 is Just Compensation for this tract. The City's minimum Just Compensation for this tract is not less than $10,460,00, 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, i5 b k2 - e-11"" , Date Name/title of City of Blair, NE CERTIFICATE OF NEGOTIATOR Project No Blair, NE Hollow Road Tract No. 3 Property Owner Sue Atkinson 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 pon. Negotiator AP-15 ................................................................................................................................................. : ......................................... roa orr►c> uJs� owLr.............................................< ............................. .........<............................................ ......................... ...... ........................................ ................................ ......................................................................... Project Blair; NE (Hollow Road) ..............T�,actNo.: i i f.......................................'•.........................................................................................................; REVISED STATEMENT OF OFFER The City of Blair, Nebraska, in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, requires that the Right of Way consultant, Tom Lund, on behalf of the City of Blair, Nebraska, upon his first visit of negotiating, provide the owner(s) of real property, Sue Atkinson, with this written statement of offer made to acquire the property rights as -outlined below. This offer will be made in the amount not less than the appraised fair market value of the property involved and will include a summary of the basis for the amount established as just compensation for: Land Acquisition: Tract 3 3,485 s/f x $ 3. 00 s/f = $10, 455. 00 rd. to $ 10,460.00 Landscape Damages: See Attached Landscape Estimate No, 817 $ 5,335.00 AMOUNT OFFERED = $ 15,795.00 This offer is being made on , 2023, and the total amount of this offer is $ 15,795.00 This written statement represents the City's offer made in an amount not less than the appraised valuation of the property. / (-, � N (J '� y Toin Lind, Right of Way consultant on behalf of the Cite of Blair Neds Horticulture & Landscapes LLC 8437 Hanover St. Omaha, NE 68122 NAME/ADDRESS Tom Lund Estimate DATE ESTIMATE NO. 9/9/2023 817 PROJECT DESCRIPTION QTY COST TOTAL 0.00 Hollow Road, City of Blair 0.00 Tract 3, 2400 Hollow Road Material: One Lilac shrub, 5 gallon 1 4 59.50 40.80 59.50T 163.20T Material: Four Peony plants, 2 gallon 2 59.50 1 19.00T Material: Two Burning Bush, 5 gallon 375.00 375.00T Labor: Landscape Installation of above material 1 2,133,00 2,133.00T Material and Labor: One 16' Redbud tree and mulch 1 2,133.00 2,133.00T Material and Labor: One 16' Spruce tree and mulch 7.00% 348.79 Sales Tax TOTAL $5,331.49 August 8, 2023 Sue Atkinson 2400 flollow Road Blair, NE 68008 RE: Project: Blair (Hollow Road) Tract: 3 Dear Sue: 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 ineed specific to your property for this project. Enclosed for your review and subsequent signatures are copies of the statement of offer, appraisal, W-9, information letler, NDOT ROW brochure and applicable right-of-way documents which pertains to your property. At your earliest convenience, please contact me using the manner you feel most comfortable to discuss the associated doCLIments and project. My contact information is: Tom Lund 402-871-7124 tlund3 l 1 ( ,yahoo.com Thank you for your cooperation in this matter and I look forward to speaking with you soon. Sincerely, Tom Lund On behalf of the City of Blair Enclosure ............................................................................................................................................ .... . .................... a .. use oNi.v :I'rojecli....t............................Blair, NE (Hollow Road).............,.............. tlact No.: i 3 ......................................................................................................................................... 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, Tan Lund, on beltn/f of the City of Blair, Nebrosk , upon his first visit of negotiating, provide the owner(s) of real property, Sue Atkinson, with this written statement of offer made to acquire the property rights as outlined below. This offer will be made in the amount not less than the appraised fair market value of the property involved and will include a sur►ur►ary of the basis for the amount established as.just compensation for: Land Acquisition: Tract 3 3, 485 s/f x $ 3. 00 ,v/f = $10, 455. 00 rd. to $ 10,460.00 AMOUNT OFFERED = $ 10.460.00 This offer is being made on v Sir- , 2023, and the total amount of this offer is $ 10,460.00 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 behalf of the City of Blair Project: Blair, NE (Hollow Road) Tract No. 3 Dear Sue Atkinson.: 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 yourland. In most cases, we will pay these costs directly so that you don't have out-of-pocket expenses. You are also eligible for certain expenses if a court decides that we cannot condemn your property, if we abandon a condemnation of your property, or.if you are successful in an inverse condemnation action. You may appeal our decision of your eligibility for the amount of the previously described payments. Your written appeal must be filed with us within 60 days after we have given you written notice of our original decision. If you are still not satisfied after our review of your appeal, you may seek judicial review of our final decision. Sincerely, Tom/Lund Right of Way consultant on behalf of City of Blair, Nebraska. AP-10 CITY OF BLAIR, NEBRASKA LOCAL POLITICAL SUBDIVISION ACQUISITION CONTRACT Project: Hollow Road Tract No.: 3 THIS CONTRACT, made and entered into this day of 2023, by and between, Sue Atkinson, hereinafter called the OWNER, and City of Blair, a Nebraska municipal corporation, hereinafter called the BUYER. WITNESSETH: In consideration of the payment or payments as specified below, the OWNER hereby agrees to execute to the BUYER, a deed which will be prepared and furnished by the BUYER, to certain real estate described in Exhibit "A" Land Acquisition Legal Description. See Attached Exhibit "A" Land Acquisition Legal Description. The BUYER agrees to purchase the above described Land Acquisition and to pay, therefore, upon the delivery of said executed Deed. If the OWNER so desires, they shall have the right to receive 100% of the final payments due under this contract prior to vacating the premises being acquired. 3,485 s/f x $3.00 s/f = $10,455.00 rd. to $ 10,460.00 TOTAL $ 1.0 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 OWNER City of Blair, Nebraska Sue Atkinson By (Name/Title) Date Dated this day of 20 23 On the above dale, before me a General Notary Public duly commissioned and qualified, personally came (Name and Title) On behalf of the City of Blair, Nebraska to me known to be the identical person whose name affixed to the foregoing instrument as grantor and acknowledged the same to ........................ . be a voluntary act and deed. WITNESS my hand and Notarial Seal the day and year above written. Notary STATE OF Nebraska ss. Washington County y,- Date 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 APPRAISAL REPORT FOR CITY OF BLAIR, NEBRASKA RE: HOLLOW ROAD PROJECT SUE ATKINSON 2400 HOLLOW ROAD BLAIR, NEBRASKA BY: RI7SSNEI_,SEN NF.LST N APPRAISAL, SF,RVICES, INC 710 South 19"' Street Blair, NI? 68008 SUMMARY OF SALIENT FACTS Property Size Location Date of Appraisal Properly Rights Improvements Estimate of Value ofrl,aking TAX LOT 241 Total Lot Size --1 8,295 Sr Taking — 3,485 SF 2400 Hollow Road, Blair, Nebraska January 8, 2023 hee Simple One -Story Ilouse and Outbuilding l 0,455 1. 1 11 'a (I (:, 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 in accurate and defensible market value of the part being taken, ']'his 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 properly was not made. PROPERTY RIGHTS APPRAISED The property rights appraised are the fee simple title to the land and improvements which comprise the subject property, DEFINITION OF FEE SIMPLE An absolute fee; a fee without limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power, and taxation, An inheritable estate. Source; Byrl N, Boyce, Real Estate Appraisal Terminology - Revised Edition (Ballinger Publishing Company, C.`.ambridge, Massachusetts, First Printing 1981), p. 102. IMPROVEMENT'S The lot that includes a, partial taking includes a one-story house, LEVEL OF INSPECTION 'Phis appraiser inspceted the subject lot and the comparable sales. No inspection was made of' the improvements on the lot. I met with the lot owner on January 8, 2023. It is unknown if any trees are to be removed. If that is the case, the owners to be compensated per value of the trees. SUBJECT LOT The subject has a total of 18,295 SR The lot is nearly street level. 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. ']'he total taking contains .08 Acre or 3,485 SF, ESTIMATED VALUE OF TAKING The following sales taken from the master report are used to establish the estimated value of the taking. Sale H1 Size 8,935 SF Price/SF $4.70/SF Sale 112 Size 24,887 SF Price/SF $3.21/SF Sale f3 Size 9,081 SF Price/SF $4.74/SF Sale 114 Size 14,736 SF Pricc/SF $3.06/Sh Sale V Size 11,250 SF Price/SF $2.22/SF 1'hc foregoing comparable sales range in size from a low of 8,935 SF to a high of 24,887 SF with an arithmetic average of 13,778 SF. They also range in price per square foot From a low of $2.22/SF to a high of $4.74/SF Nvith an arithmetic average of $3.59/SF. Placing most weight on comparable sales 42, /14, and 117, the subject has a called value of $3.00/SF. Value oi'Subjed Taking; 3,485 SF (q), $3.00/SF = $10,455 Value Called $10,455 Damage to remainder called $0 Total Value of Taking = $10,455 Russ Nelsen, Certified Appraiser Nelsen Appraisal Services, Inc. 4 11'iigr, ADDENDUM 12/7/2022 Parcel ID: 890040712 Map Number 890040712 State Geo Code 2371-14-0-02371-000-0712 Cadastral # TL241 Images 'I o 0 #1 Pboto P2 Eboto 3 P olo I olo #5 Sketch #1 Current Owner: ATKINSON, SUE 2400 HOLLOW RD BLAIR, NE 68008 5itus Address: 2400 HOLLOW RD BLAIR Tax District: 208 School District: BLAIR SCHOOL 1, 89-0001 Account Type; Residential Legal Description: 14 18 11 BC TL 241 14-18-11 114 PC 241 .42 AC Lot Width: N/A Lot Depth: N/A Total Lot Size: 0.42 acres 9INoIrks Year Total Land 2022 $130,700 $16,575 2021 $122,730 $16,575 Outbuilding $2,325 $2 325 Dwelling $111,8001 $103 830 Yearly Tax Information Year Amoun LM I I Description Rate 2022 $2,410.46 •1.950857 I I CO HIST SOCIETY 0,00279100 JAIL BOND FUND 0.01780300 BLAIR CITY 0.33748300 ESU 3 0.01500000 METRO TECH 0.09500000 BLAIR SCHOOL'I 0,99000000 NRD 0.03d7,5800 COUNTY GENERAL 0,33479100 COUNTY AG 0.00355400 BLAIR SCHOOL 1 BOND 0.08759100 BLAIR AIRPORT 0,02858800 PUBLIC SAFETY COMMUN 0.00349800 No previous sales information is available (for the past 5 years), 1 89004071.2 12/7/2022 9Works Status: Improved Location: Urban Property Class: Residential City Size: 5,001-12,000 Zoning: N/A Lot Size: 5,00-9,99 ac. Lot Width ft Lot Depth (ft) 0.00 0.00 Zoning: N/A Year Built: 1900 E-XA-eri—or 100% Frame, Siding, Vinyl Bedrooms: 4 Plumbing Fixtures: 8 Basement Size: 864 sq. ft Building Size: 1,227 sq, ft Quality: Fair + Description PATIO YARD SHED PATIO KNEE WALL PORCH WOOD DECK Description Lot Size 0.42 acres Condition: Average - Good Style: '100% 1 112 Story Finished Bathrooms: 2.00 Heating/Cooling_ 100% Warmed & Cooled Ali - Min Finish: 0 sq. ft Part Finish: 0 sq, ft Garage 2 Detached Garage(SF) Garage 1 Size: 675 sq. ft 2 Units Value 580 $2,260 154 $3,125 48 $260 128 $11,220 96 $2,480 890040712 12/7/2022 3 9Works „ 890040712 . �a ai {\ �. / O 202Z1206143347287.pdf imap: //cuss%40nebrealty%2Ecom@outlook,office 36- -FAX LO 1.' 241 ROW AQUTsam- SUE ATKINSON TAX LOT 2,12 % 6I0" REBAR 7 w� m rd b� 0 0 370,06'(M) 610" REBAR 518" REBAR 1V/1-1/4" YPC "SURVEY tvIARKLR LS 760" SW COR. NEIM SW I/,I SEC, 14-T'18N-RI IL TAX LOT 241 S00'33'2n'E 00,70'(M) VICINITY SKETCH \VA ST IINOTON COUNTY N60RASKA Illlti LEGEND MONUMI!NT PUDIID 1,10NU1,1LNF tiID' I.r.In I IV I, CAI I ULA'FL'D I'01NF I >.1 NII!Astllti!l) DISTANCII _ _ It IMMAIMINTANCII GRAPHIC SCAI,11 F 51vUIIsOC bi M, 60)IASI11011AIMA , 11, >0 rar ul I to ld NOTH: ALL BIIARINOS ARR ASSUMED, OAI it (0712020 i l Kl'AI.11 aunt»I I'IiN J011 ❑Ir. Bndk 2111577 { IC111110UK ULAW IN Ip rullnI II I IIUI01011it 1100,773,8S47 I IGLU Vl11%Il KT .SIIca I Oir I 1311 110, 000000 Olnlhr, IlC 4or.oll.3cm vnvw.lm,m n rc<rt dr;o,rn mvrnolo3 iv ru. 1m'� r.�u,yo-oumwr.ro•cryd"h'•Il�krrno,fndNen,.rq�a�nWNwNINisu en, 618" REBAR LEGAL DESCRIPTION: Z(e on � fu�(dc-o R TAX LOT 224 SE COIL NE1/4 SWI/4 SHC. 14- F 18N-R I I E THE SOUTH 33,00 FEET OF TAX LOT 224, LOCATED IN THE NORTI IC -AST QUARTER OF THE SOUTI'IWEST QUARTER OF SECTION 14 TOWNSHIP 10 NORTH, RANGE-: 1 I EAST, OF THE 6TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA. CONTAINING 0.00 ACRES, MORE OR LESS ,)f9 4 1,2/6/2022, 3:00 1 T 1904 South St., Ste 105, Blair, NE 68008 i � Title Office 402-426-4844 LLBLAIRT_ closing office 26-9191 Fax 402-426-4826-4811 waz-�Wftm.` 11 www.blairtitle.com TITLE CERTIFICATE Tax Parcel ID #890040712 Blair Title File #23384 We, Blair Abstract & Title Company, doing business as Blair Title, duly registered under the laws of the State of Nebraska to engage in the business of abstracting in said State do hereby certify that we have carefully examined the records of Washington County with reference to the following described real estate, to -wit: SEE EXHIBIT "A" attached hereto and by this reference made a part hereof. TITLE VESTED IN: Sue Atkinson, a single person. (Book 504, Page 223) PROPERTY ADDRESS AS SHOWN ON ASSESSOR'S ROLLS: 2400 Hollow Rd., Blair, NE 68008 PROPERTY OWNERS MAILING ADDRES AS SHOWN ON ASSESSOR'S ROLLS: 2400 Hollow Rd., Blair, NE 68008 MORTGAGES AND/OR DEEDS OF TRUST (Pursuant to Nebraska Title Standard No. 1.4 and Nebr. Rev. Staff. §25-202 and §76-239): DEED OF TRUST dated August 15, 2017, recorded August 23, 2017 at Instrument No. 2017- 02723, given by Sue Atkinson, a single person, as Trustor, given to Fidelity National Title Insurance Company, a Nebraska Corporation, as Trustee, and Reliance First Capital, LLC, as Lender, securing the principal sum of $97,500.00. FINANCING STATEMENTS/15MURE LIENS (Those filed in the Office of the Register of Deeds and indexed against subject property are: NONE REAL ESTATE TAXES: Parcel No.: 890040712 2022 taxes in the amount of $2,549.78 show atax credit of $139.32; The balance of $2,410.46 became due December 31, 2022; V' half and all prior taxes shown paid; 2nd half will become delinquent September 1, 2023. SPECIAL ASSESSMENTS: NONE STATE TAX LIENS: NONE FEDERAL TAX LIENS: NONE JUDGMENTS: (Those filed in Wasbington County District Court): NONE PENDING CASES: (Those filed in Washington County District Court): NONE PROBATE PROCEEDINGS: NONE Tax Parcel ID #890040712 Blair Title File #23384 Atkinson EASEMENTS, RESERVATIONS & RESTRICTIONS: SEE EDIT "B" attached hereto and by this reference made a part hereof. DATED: July 27, 2023 at 8:00 AM BLAIRALBS°I'R T' �rE7O 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 title insurance nor is this a policy of title insurance. Tax ParcelID 4890040712 Blair Title File #23384 Atkinson EXHIBIT "B" EASEMENTS, RESERVATIONS AND RESTRICTIONS SURVEY dated March 13, 2001, recorded April 12, 2001 in Book 333, Page 497-498 CITY OF BLAIR ZONING REGULATIONS including but not limited to those recorded: October 13, 1972 in Deed Book 71, Page 467; January 8, 1982 in Record Book 134, Page 496 AND ANY AND ALL AMENDMENTS THERETO .21 TAX LOT 241 ROW AQUISITION SUE ATKINSON TAX LOT LOT TAX LOT 241 TAX 242 5/8" REBAR S89°33'28"E 5/8" REBAR 224 99.78'(M1 5/8" REBAR W/1-1/4" YPC "SURVEY MARKER LS 760" SW COR. NEI/4 SW1/4 SEC,14-T18N-R11E SOUTH LINE OF TAX LOT 241 AND SOUTH LINE OF NE114 SW1/4 SEC. 14-18-11 VICINITY SKETCH WASHINGTON COUNTY NEBRASKA R11E LEGEND Q� MONUMENTPOUND • MONUMLNTSET xwtw "c iu O CALCULATMDPOINT z M MEASURED DISTANCE— R RECORD DISTANCE GRAPHIC SCALE SWI/4[SEC 14 ®ncQulsmoxnRPa o s>2 ,o ,� I•�i wv, sera NOTE: ALL BEARINGS ARE ASSUMED. DATE 1027/2020 scALB DRAWN TEP JOB NO, 201597 FIELD BOOK BLAIR N9 Fk5uNsysiMW597.D0.Coy of Bich HcOvW Road RowoDufveyl[Na+/npsVSV-Y01607JDD E—enldw9. on 1D yf=0959 RM 1/2" REBAR SE COR. NEI/4 SWI/4 SEC.14-T18N-RIIE 6�v\ckbe ,t Arm a'kl LEGAL DESCRIPTION: THE SOUTH 33.00 FEET OF LOT 22 LOCATED IN THE NORTHEAST QUARTER OF THE S THWEST QUARTER OF SECTION 14 TOWNSHIP 18 NORTH, RANGE 11 EAST, OF THE 6TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA. CONTAINING 0.08 ACRES, MORE OR LESS. 497 NdaE ETXA JK"A0h 3M%ANeer ah79A6K r¢a1Nls�na AS FEa mNsro IPc61MTWNd. I NW CORN Bi NE 114 8W M 1 �,i - 14-i6-11 i LOT' 9oil 1 `mr LOT in j 1031.49) LOT 6 T031.57( j f'r _ 480.86'1C) S 89'S4'36'J E .44'(240.44'(M) 240.0'(R)0) 240.0'(R) - ^^----_ 0 a a MN 114 SW 1/4 dui 3 aw. CR N a m Q z � I r STATE 01 ENTEREE THISJ- AT 8;.Y 3-. RUSSEL'S A001171011 COUNTY I DEPUTY LOT 7 { LOT 6 / SHED LLt1s- i BARN T. L 56 v u�i g n TL S7 N '-[aa LO}a4d m TRACT 2 4.50 An. m T.L. 227 ) ri � � 5 8911'53" I 07.71 n I / orn I T S 891 �_---- SHED o Will)I' _..•�...'1`I j T.L. 163 li to �� I � X I 1 T.L. 229 HOU `1 L -------- - ------ n 11"o N i 'IIII i fiECORN4R 139.89' TOC,11' 240.OD' q & C) T39.e91 t00,11' 842.01' BE'ildSW174'♦♦♦ L ♦ N 89'S4'p0" W Assumed Beorin^ ♦ N 89'54'00" W(Assumed Beori�g) ® 1" = 100' SW 114 SW 1/4 v T.L. 17a 13220i (C) I ` i ,4 m TIES TO SUSUMSIONAL CORNERS: I a CRY PLANNMfl COMMISSION Southeast Comes of NE'1.5W'/. of8ec6on 14-18•ii FOUND W REBAR BURIED 0.5' Thts Ld SolH as shown and des' S' N to centertlne of Hollow Road ® ep�pL �Iof SIaUPtanru Con 98.71' SW to 6-Od �}ke In power pIXe rd �.__ SW CORNER BE 114 BW 114 48-65 NW to 60d splice in power pole 14-18-11 ® Southwest Comer of SW,,BWY, ofSeollon14-16-11 FOUND W MAR BURIED 0.6' CFIeIrPAraon t Yal �m I %0 m 25.70' E to *e nalla In c9mar fence post 39,50' W to "e nails in fence post CITY COUNCIL APPROVAL: 38.75' NW to le nails in 14'tme ® Northwest Comer NE'b SWk of Section 14-1&11 This Lot Split as shown and dos( approved and accepted by 1q�1fe�rty FOUND W OPEN -TOP PIPE BURIED 0.2, 1N to nail in fence of Blair, on tMs l6Y� d .0' post 16.1r wrlw to fit(! ao mai In gale post ✓✓��%/'� Mdya- ATTEST: �'+-' Yn_ Blau CiCyy Ciork TREASURER78 CERTIFICAMN: This Is to canib'that I find no we against the property described In the Survayor's Certificate and embracer b 0r y! Ibis dice on fh* 2L D 2001. "ngton County Tmasu 222 I n3 aao)1505 STATE OF NEBRASKA COUNTY OFWASHIWTON)S6 ENTERED IN NUMERICAL INDEX AND FILED FOR fl ORD 1H AT_L6 O'CL AY 0rA�ND A.D.2BOO THIS IQS _Q'CIOCKECORDED IN BODK _;R 3 3 AT PA E8 COUNTY CLER DEPUTY SHED BARN m S 89T1'S3" xi 7.75' 25'8'—sfiHE 54.fi� W `-s o D w o '24 ou Y 39.ea' 1DD.n' N 89^54100" W (Assumed 1� = joky T0.Y Loi a I \ TRACT t 0-50 Pc, 21,922 4 PL ^Y PLANNING COMMISSION APPROVAL 'ills Lot SoIO as shown and described hereon was approved by the alai Planning Commies on on this '3I3 day of A.D.,2001. Chairperson CITY COUNCIL APPROVAL: Thin Lot Split as shown and described hereon was approved and acospted by the Ctty Council of the City of Blair, N0W L I. on this )Ply day of Mayor ATTEST:L .r' Blair Clark i 498 FILED ' 01 APR 12 Ali 8% 35 -Iecordw J/ denerai CHARLOTTE L. PETERSEN Numerical WASHINGTONCOuHTY,CLERI( PlinywiBt BLAIB, HEBR. PrIlRaw 200 0 200 Feet L E G E N D S C ALE: ONE: INCH a 200 FEET A SUBDIVISIONAL CORNER FOUND ■ 1112"OPEN-TOP PIPL-FOUND 0 314-PINCKED-TOP PIPE FOUND 0 IW REBAR FOUND • dW x 24' REBAR SET O COMPUTED CORNER RMT SET) (IR) RECORD DWANGE (M) MEABuRED VStANCE (c) coMPUTED DwLNCB (Pro.) PRORATED DISTANCE T0.X L n+ a µ 1 LEGAL DESCRIPTION: Tread; Part of Tax Lot 57, lying In the NE% SW'h of Section 14, Township 18 North, Range 111 East of the 80h Principal Meridian, Washington County, Nabraska and more P901Cu1911y described as follows: From the southeast comer of the NE'/. SWYs of Section 14, Towrhship 18 North, tiange 11 East; thence N 69'6002 W (assumed bearing) along the south 8ne of said NEV, SW'/, a distance of 84204 teat to the southeast comer of Tax tat 57 In said Section 14 and the Point of Beginning; thence continuing N 89'54'00' W along said south line a distance of 100,11 feet; thence N 00°40W E a distance of 222.261eel; thence 8 88' 1 V53' E a distance of 97.71 feet to a Point on the east Ino of sald Tax Lot 67; thence S 0010321' W along said east Has a dlslance of 221.Os fast to the Point of Baginning; and containing 0.50 Acres, more or lase, of which the southern meat 33.00 feet, 0.08 Acres, are In HotOW Road right-of-way. Tx U+aL1 a LEGAL OESCRIPTIOtL- Tract 2: ,, Range 11 Eastof the Bth Part of Tax Lot 57. tying in the NE/ S1N'/. of Section 14, Township 18 North, Prinslpel Moddum, Washington County, Nebraska and more particularly desotbod as follows: From the southeast comer of the NE'/ SW'/. of Section 14. Townsldp 18 North, Range 11 Eat% BhoRoa N 89-54910' W (assumed bearing) along the south line of said NE-11A SW14 a distance of 942.12 feet to The Point of Beginning; thence continuing N 69'54'00' W along sold south lino a distance sold foot to Me WongSouthwest comer of Tax Lot 57 In said Section 14; thence N 00'01'4W E Wong the west Ilna of Lot 57 o distance of 90754 feet to the northwest comer of add Tax Lot 57: thane 8 89'64'38' E along the north the of said Tax Lot 57 a distance of 240.44 feet to an Iron found at the northeast Comer of said Tax Lnt 57; thence 6 00'03'21' W along the east One of said Tax lot 57 a dlstanca of 68654 teat thence e3Point of eg m0 inand Containing 45o A ,as, moreor less of which the southerly33M feo4 O.l Area, are in Hollow Road dght-of-:uay. thhhpguuunr', +`,.hV 1INb %2 SURVEYOR'S CERTIFICATION: �.,'... I haroby Cattily that the survey shown and described hereon was made under my direct sup Msion and that I RICIJARD LEE am a duly Registered Land Surveyor under Ole laws of tIAN5EN the state of Nab �'•- L9 3t32 TREASURER'S CERTfRCRA'CiGN. �' � This Is to certify that I gart no regular taxes due or dellnttuenl against the Properly described In the legal dOSCOP6en on this Richard L. Henson ';Ampes Certificate and embraced within this Plat ea shown Registered Land Surveyor B BLAIR EUGH ZRna a ;�n �s otico on this�p day of Registration No. LS-382 BLOW" Co. uu.✓ , 2001. Date: March 13,2601 E' Gam+ 916 GMxT sr" P.O. Box Magiant Don 0 tart C et,r (02) 4ti scoot aio9 ,lab No. 00-020 0ca9u ato-9u9 QountyTreasu to:9wzo 1 F0EtIdGVJRnnmxcrsnBlRaBlai9.oe9 reran: Gen RAnten man xaP WmmW/U1Ea 495 I NEBRABKA OOCUMENTAW' r STAMPTAX, 1 wes>�ta oNCOUM. rang01fMa t� a 20 �r�� j't7dCUTtD Ah�ne, L 5,�667 �• !a' noon. r►c� �ecomau f 2001 FED —5 AM !Qt 19 ' aft&.aBus General KART N A. MADSEN Numencal .,,�. WASHINGTON COUNTY Phott>stA! REGISTER OF DEEDS ........+.� BLAIR. NE Warranty Deed KNOW ALL NIEN BY TIMSE PRESENTS THAT, Aaron Sears and Kalil Sears, Husband and Wife, hereto called the Grantor whither one or more, in consideration of One Dollar and other valuable consideration received from Grantee, do bcreby grant, bargain, sell, convey and confirm unto Sue Atkinson, a single person, herein called the Gnurteo whether one or more, the fbllowmg described real property: Tax Lot Two Hundred Forty-one (241), in Section 14, Township 1S North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska 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 lawfidly seized of said premises; that they are free from encumbrances except covenants, casements and restrictions of record; all regular taxes and special assessments, except those levied or assessed subsequent to date hereof that Grantor has 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. Dated; T19 f1 f 1� �7 STATE OF L4Z44-0' 4-) ss. COUNTY OF wmll- The foregoing instrument was aoknowledged before me this Q�J_ day of �%4f111 200� by Aaron Sears and Kelli Sears. Notary Public My Commission expires: �_�• �� w. ,D.dsoana:s SUBUR AN NTITlitE 1St ESCROW, C OW, INC. OMAHA. NE W154 223 l04 934-9001 ✓rl tl �7 WASHINGTON COUNTY, STATE OF NEBRASKA Instrument Number 2017-02723 J ftmwv CL ftad4e n) REGISTER OF DEEDS Recorded General Numerical Photostat Proofed Scanned FILED 2017 Aug-23 AM 10:20 KAREN A. MADSEN WASHINGTON COUNTY REGISTER OF DEEDS BLAIR, NE 18pace Above This Line For Recording Data] n I 1 p FILE N010 �J jet D After Recording Return To: RELIANCE FIRST CAPITAL, LLC 201 OLD COUNTRY ROAD, SUITE 205 MELVILLE, NEW YORK 11747 Loan Number; 3503387 DEED OF TRUST MIN,,100778800035033878 DEFINITIONS MERS Phone: 888.679-6377 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,18, 20 and 21, Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated AUGUST 15, 2017 together with all Riders to this document (B) "Borrower" is SUE ATKINSON, A SINGLE PERSON Borrower is the trustor under this Security Instrument. (C) 'Under" is RELIANCE FIRST CAPITAL, LLC Lender is a DELAWARE LIMITED LIABILITY COMPANY organized and existing under the laws of DELAWARE Lender's address is 201 OLD COUNTRY ROAD, SUITE 205, MELVILLE, NEW YORK 11747 Fidelity National Title Insurance Company, a Nebraska Corparation (D) 'Trustee" is a? ��F 'i 8t0� �c�tx7t>x1Yd�tC7Cff%CdtOfR1901 N. Roselle, te 650, Schaumburg, IL 60195 WEBRASKA—Single Family —Fannie MaelFreddie Mac UNIFORM INSTRUMENT - MERS DocMeglc dPO Form 3028 1/01 Page 1 of 15 www,dmnagk.com Page Count 16 2017-02723 (E) "HERS" is Mortgage Electronic Registration Systems, Inc. HERS is a separate corporation that is acting solely as a nominee for Lender and bender's successors and assigns. HERS is the beneficiary under this Security Instrument, HERS is organized and existing under the laws of Delaware, and has an address and telephone number ofP,O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-HERS. (F) 'Note" means the promissory note signed by Borrower and dated AUGUST 15, 2017 The Note states that Borrower owes Lender NMTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars (U,S. $ 97, 500. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than SEPTEMBER 1, 2047 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Properly." R "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I} "Riders"means all Riders to this Security Instrument that are executed by Borrower. The followhtg Riders are to be executed by Borrower [check box as applicable]: n Adjustable Rate Rider n Planned Unit Development Rider Balloon Rider n Biweekly Payment Rider 14 Family Rider Second home Rider n Condominium Rider Other(s) [specify] (a) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "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) "Electronle Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, (14l) "Escrow Items" means those items that are described in Section 3, (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due far (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) 'RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. NEBRASKA4ingie Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MER$ DoeMeg/e Form 3028 1101 Page 2 of is www.dxmagk,com 2017-02723 (R) "Successor in Interest of Borrower" means any party that has taken tide to the Property, whether or not that party has assumed Borrower's obligations under the NOW and/or this Security instrument, TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument andthe Note, For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of WASHINGTON [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] ATTACH LEGAL DESCRIPTION which currently has the address of 2400 HOLLOW RD [Street] BLAIR , Nebraska 68008 ("Property Address"): [City] [Zip Code] TOGETHER WTffI 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 with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property, and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument, BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real properly. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note, Borrower shall also pay funds for Escrow Items pursuant to Section 3, Payments due NEBRASKA—Single Family—Far"a MaelRM& Mac UNIFORM INSTRUMENT - MM pocMaglc Form 3028 1101 Page 3 of 15 wwN✓,docmagk.com 2017.02723 under the Note and this Security Instrument shall be made in UA currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made, in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring.the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosuro, 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 Nate; (b) principal due under the Note; (c) amounts due under Section 3, Such payments shall be applied to each Periodic Payment in the order in which it became due, Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay anry late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments it and to the extent that, each payment can be paid in full, To the extent that any excess exists aver the payment is applied to the frill payment of one or more Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note, Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for lscrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in fiA a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under -Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Leader in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items," At origination or at any time during the term of the Loan, Lender may require that Community Association Auer, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section, Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require, Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security lnstrument, as the phrase NEBRASKA416gie Family —Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MIRS DMUS91c iftn Form 3028 1101 Page 4 of 15 www.docmagk,com 2017-02723 "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount, Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. 1ho Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender sball notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessaryto make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as requiredby RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Louder shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower; (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower sball keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited. to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. VVhat Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall NEBRASKA-Single Family—Fannfe Mae/Freddie Mac UNIFORM INS RUMENT • MERS OWNROlc Ohm Form 3028 1101 Pagewww.docmagk.com 2017-02723 not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably night affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower securedby this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shout promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2, If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Leader acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6, Occupancy, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowee s principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which NEBRAS<"ingle Family—Fannia MWFreddle Mac UNIFORM INSTRUMENT - MERS pocAre91DW W Form 3028 1101 Page 6 of 15 www.docmagk.com 2017-02723 consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control, 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the, Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause, 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence, 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security lwtrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by alien which has priority over this Security Instrument; 0) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Properly and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. it is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the 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 the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage NFBRASKA-Single Family --Fannie Mae/Freddie Mae UNIFORM INSTRUMENT - MFRS Docff4r; Form 3028 1/01 Page 7 of 15 www.doemagfc.com 2017-02723 Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law, Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterizedas) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's rislr, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance," Further; (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to arty reflmd. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of anyMortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds -until Lender has had an opportunity to inspect such Property to ensure the work has been completed to bender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds, If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. NEBRASKA—Single F6mlly—Fannie MaelFraddle Mac UNIFORM INSTRUMENT = MERS 00cmaglc Form 3028 1101 Page 8 of 15 www.docma-gk.com 2017-02723 In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or i� after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Undee s interest in the Property or rights under this Security Instrument, Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured -by this Security Insrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall bejoint and several, however, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's riots and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability NIBRASKA—Single Family --Fannie Mae/Freddie Mao UNIFORM INSTRUMENT • MERS Dadf 4c ChMS Form 3028 1101 Page 9 of 15 www,docmagk.com 2017-02723 under this Security Instrument unless Lender agrees to sub release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any stuns 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 Nate or by malting a direct payment to Borrower. If a refired reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15, Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by fast class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument, 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the phial and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security lastrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, NEBRASKA41ngia Family —Fannie Mae/Fraddia Mac UNIFORM INSTRUMENT - MERS DoWngic OPM Fort 3028 1101 Page 10 of 16 www.docmagic,mm 2017-02723 if Gender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration, If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of; (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument, Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration bad occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Leader may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) ElectroniePunds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall not apply in the case of acceleration under Section 18, 20, Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other parry's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action, If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is locatedthat relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in NEBRASKA-Single Family —Fannie Mae/Reddie Mac UNIFORM INSTRUMENT - MERS Doeffayc g Form 3028 1101 5www.docmagic.com 2017-02723 Environmental Law; and.(d) an "Environmental Condition" means a condition'that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condifion, 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 remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must he cared; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require Immediate payment in full of all sums secured by this Security lnstrument without further demand and may invoke the power of We and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated In the notice of sale in one or more parcels and In any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to ail sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. OATM Nam 3028 —Single Family —Fannie MaelFredb Mac UNIFORM 2 oINSTRUMENT - MERS DodNa�a9i 2017-02723 23. Reconveyance. Upon payment of at sums secured by this Security Instrument Under shallrequestTrustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law, 24, Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and dudes conferred upon Trustee herein and by Applicable Law. 25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address which is the Property Address. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] NEBRASKA--Single Family —Fannie MaelFreddle Mac UNIFORM INSTRUMENT - MERS Dodffeyr eAMN Form 3028 1/01 Page 13 of 15 www.docmagk,com 2017-02723 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security ft& ment and in any Yoder executed by Borrower and recorded with it, r (Seal) SUE ATKINSON -Borrower (Seal) -Borrower — (Seal) -Borrower Witness; Witness; .— (Seal) -Borrower _-_- (Seal) -Borrower ---_ (Seal) -Borrower NEBRASKA—Single Famlly—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS D=Mg#fc Form $028 1101 Page M of 15 www.docmagic,com 2017.02723 [Space Below This Line For Acknowledgment] State of NEBRASKA County of The foregoing instrument was acknowledged before me this A4 U Ot 7.$�ZD by SUE ATKINSON r �/i1fi1-ry t III �fi�ll Wim. DO. .12 1 0 )yyK)yy0D�OWt1 �AAWV'Wun (Sea]) Signature of Person Taking Acknowledgment Title A Serial Number, if any My commission expires; Loan Originator: Robert Edward Metz, NMLSR ID 934575 Loan Originator Organization; RELIANCE FIRST CAPITAL, LLC, NMLSR ID 58775 Loan Originator Organization: Robert Edward Metz RELIANCE FIRST CAPITAL, LLC, NMLSR ID 934575 NEBRASKA—Single Family—Fannle Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DoeftfaON= Form 3028 1101 Page 15 of 15 www.doonagic,com 2017-02723 r FIDELITY NATIONAL TITLE INSURANCE COMPANY AGENT TITLE NO.: 200001575348 LEGAL DESCRIPTION EXHIBIT °A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF WASHINGTON, STATE OF NEBRASKA IN DEED BOOK 504 AT PAGE 223 AND IS DESCRIBED AS FOLLOWS: TAX LOT TWO HUNDRED FORTY-ONE (241), IN SECTION 14, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6Ta P.M., CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA. APN: 890040712 COMMONLY KNOWN AS 2400 HOLLOW RD, BLAIR, NE 68008 HOWEVER, BY SHOWING THIS ADDRESS NO ADDITIONAL COVERAGE IS PROVIDED 2017-02723