2013-02-12 Little blossomsRESOLUTION NO. 2013 ® 6
COUNCILMEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, Ordinance No. 223 5 approved a purchase agreement between the City of Blair
and Little Blossoms Childcare for the sale of Lot 4, Deerfield Addition in the amount of $177,000,
and
WHEREAS, the purchase agreement is now being amended to reflect the accurate LLC name
for the purchaser and close on the property through a Warranty Deed instead of a Quit Claim deed as
required by the purchaser's lender, and
WHEREAS, said Amended Purchase Agreement between the City of Blair, Nebraska, and
Little Blossoms Childcare has been prepared and presented to the City Council, a copy of which
Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is
hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized
and directed to execute same on behalf of the municipality.
COUNCIL MEMBERCHRISTIANSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ANDERSEN.
UPON ROLL CALL, COUNCIL MEMBERS VOTING "AYE" SHEPARD, STEWART, RYAN,
KEPHART, ANDERSEN, CHRISTIANSEN, JENSEN AND HALL. COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 12TH DAY OF FEBRUARY, 2013.
CITY OF BLAIR, NEBRASKA
ATTEST:
BRENDA R. WHEELER, CITY CLERK
BY
JA ES REALPH, AYOR
(SEAL)
AMENDED AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this 13th day of February , 20 13, by and between the
City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Janeos
Holdings, LLC, hereinafter referred to as "Buyer ".
WTINESSETH:
Seller agrees to sell and convey to the Buyer by Warranty Deed, free and clear of all
encumbrances except easements and restrictions of record, the following described real estate, to -wit:
Lot 4, Deerfield Addition, City of Blair, Blair, Nebraska
said Buyer agrees to purchase said property on the following terms and conditions, to -wit:
The purchase price therefore is agreed to be the sum of One Hundred Seventy Seven
Thousand Dollars and No Cents, ($177,000.00), which shall be paid in cash at the time of closing.
Closing of the transaction shall be on a date agreed to between Seller and Buyer, but in no case shall
the closing be on a date less than 30 days from the date of the publication of the Ordinance
Authorizing the sale nor more than 60 days from date of said publication date.
Upon the signing of this agreement for the sale of this real estate, the buyer shall make a
down payment deposit of One Thousand Dollars and no cents ($1000.00), which shall be non
refundable unless seller is unable to deliver marketable title, but shall be credited toward the
purchase price at the time of closing.
It is understood and agreed by and between the parties hereto that Buyer shall receive
possession of the premises upon closing.
The City of Blair hereby specifically reserves all easements over and across saidright ofway
for a storm sewer and any other utilities on said real estate as they exist onthe date ofthis agreement
and as may have been contemplated in the platting of the Subdivision. The Buyer shall have the
right to move and reconstruct said storm sewer or other utilities to any location on said real estate
provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall
be responsible for any sidewalk or other assessments which may be made on or after the date of this
agreement and which are attributable to the real estate.
Seller shall be responsible for payment of any real estate taxes assessed against the premises
for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes
assessed against the premises including, but not limited to any assessments made for any tax year or
partial year after the date of this sale.
The Seller shall not have any obligation or liability to provide a survey of the premises.
In the event the Buyer requests, Seller shall provide to the Buyer a title insurance
commitment to said premises showing good and marketable fee simple title in it for conveyance to
said Buyer. The cost of such title insurance shall be split equally between the parties.
The Seller specifically makes no warranties or representations as to the condition of the
premises nor their usability as maybe intended by the Buyer. The Buyer is purchasing the premises
"as is ". The Buyer has made an inspection of the properly and is familiar with the condition thereof
and is not relying upon any representations made with reference thereto by the Seller except those set
forth herein.
This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska
Statutes against the exchange ofthis property byBlair wherein such remonstrance would be deemed
to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the
conveyance of the property by the City of Blair. In the event of such remonstrance, the purchase
price shall be returned to the Buyer. Under no other circumstance shall the Buyer be entitled to a
refund of the purchase price.
This agreement and purchase shall be further contingent upon the buyer being granted a
conditional use permit for the use of the property as a Day Care and/or Preschool per the Zoning
regulations for the City of Blair, Blair, Nebraska. .
This Agreement executed the date first aforesaid shall be binding upon the assigns and
successors of all parties hereto.
CITY OF BLAIR, NEBRASKA
%FE. REALPH, MAYOR �.
ATTEST:
j . ,ahj k,,, B A R. WHEELER, CITY CLERK
PURCHASERS:
By
ane ouwman
STATE OF NEBRASKA
) :ss:
WASHINGTON COUNTY )
On this � day of 2013, before me, the undersigned allotary Public,
duly commissioned and qualified for in sai county, personally came James E. Realph, Mayor ofthe
City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the
foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year last above written.
GENEWd.NOtARL e dNebraska
ADAM P NOTARY PUB LIC
fyf�mm 4B,2018
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 13th day of February , 2013, before me, the undersigned a Notary
Public, duly commissioned and qualified for in said county, personally came
J an e B ouwman , to me known to be the identical person whose name is affixed to
the foregoing agreement and acknowledged the execution thereof to be his/her voluntary act and
deed.
WITNESS my hand and Notarial Seal the day and year last above written.
E State of Nebraska NOTARY PUBLIC
MARK P. REYNOLDS
My Comm. Exp, May30, 20t-0
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said city held on the 12th day of
February, 2013.
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BRENDA R. WHEELER, CITY CLERK
Seller's Closing Statement 2!11/13 5:0.3 PM
File 20130179 �.
date 21112013
Bank 14 • US Bank Escrow Account
Missouri River Title (402) 333 -1025
Seller's Closing Statement
5elter(s)
The City of Blair, Nebraska, 218 South 16th Street, Blair, NE 68008
Buyer($)
Janeos Holdings, LLC„ 2106 Grant Street, Blair, NE 68008
Lerider
U.S. Bank, N. A., 8800 West Carter Road, Omaha, NE 68127
Property
Lot 4, Deerfield Addirion
Blair, NE 68008 -
Closing date 0 211 3/2 01 3
Proration
date 21112013
Bank 14 • US Bank Escrow Account
Escrow Unit r 5- Missouri River Title
Escrow Officer. Mark P, Reynolds
Debit
Credit
C ontract Sales Price .......................................................................................
...............................
177.000.00
Title Charges
Cwnees title insurance to Missouri River Tdle
Llabliltyamount $177, 000. 00 .........................................................................
...............................
254.50
Esaow Closing Fee to Missouri River Title .........................................................
...............................
250.00
Recording Feesrrransfer Charges:
DeediMortgagelRelease to Missouri RiverT ille ..................................................
.............................. .
32.00
SimlpliFile Elecbonlc Recording Fee to Missouri River Tille ................................
...............................
10.00
Subtotal:
546.50
177,000.00
Balance due to Sailer:
176.453.50
Totals:
177,000.00
177,000.00
THE UNDEF?SIGNED, by the execution hereof, hereby N acknowledge that they have read the above and foregoing Closing Statement. {)
acknowledge; that the same Is W e and correct, and (ill) authoree and d the Closing Agent to receive all amounts and disburse all amounts
pursuant to th foregoing Closing Statement.
I
The City of Blair, Neb \
By:
Page 1
PROCEEDS AUTHORIZATION FORM
We would like to provide you with the best possible service, Please tell us how you would like
your proceeds handled at the time of disbursement by placing an "X" in the appropriate box. Please
provide us with a telephone number where you can be reached during business hours in case we have a
question:
PLEASE NOTE: UNDER FEDERAL LAW NO PROCEEDS MAY BE DISTRIBUTED
UNLESS WE HAVE A VALID SOCIAL SECURITY NUMBER OR FEDERAL TAX ID NUMBER
AND VALID FORWARDING ADDRESS ON FILE.
SSN /FTIN: 44..' • fo0CXo 10G
Mailing Address: r; A b\."t`
` $� zr IJE. (DZZ
Overnight proceeds $25.00 fee
Address
Have my Real .Estate Agent deliver proceeds No Charge
Pick up proceeds at Missouri River Title No Charge
Phone #
Wire proceeds'
If a wire, please provide the following
information:
Bank Name:
City and State
ABA Number:.
Account
Number
(Sellers)
Address
City/State/zip''
Dated this t;kl 1' 'y of February, 2013.
THE CITY OF BLAIR, NEBRASKA,
A Nebraska Municipal Corporation
By. lam s E. Realph, Mayor
20130179
$25.00 fee
ERRORS AND OMISSIONS - SELLERS
Property Address: None Assigned
Legal Description: Lot 4, Deerfield Addition to Blair, Washington County, Nebraska.
Seller(s): The City of Blair, Nebraska, A Nebraska Municipal Corporation
Buyer(s): Janeos Holdings, LLC, a Nebraska Limited Liability Company
Lender: U.S. Bank, N. A.
The Undersigned Seller(s) understand(s) and agree(s) that if any errors occur in the preparation
of any of the closing or loan documents, whether typographical, by mathematical calculation, or any
other errors and omission, the Undersigned will, upon notification by Missouri River Title, assist in
correcting or adjusting the error including the payment or return of monies, if applicable.
In the event the undersigned should fail or refuse to help adjust or correct the error and as a result
thereof, Missouri River Title is required to retain the services of an attorney so as to compel the
adjustment or correction, including any payment or return of monies, the Undersigned will be responsible
for those attorney's fees and costs incurred in such matter.
Dated this �ay of February, 2013.
THE CITY OF BLAIR, NEBRASKA,
A Nebraska Municipal Corporation
0"' �.. f ,
By;;JEnes E. Realph, Mayor
,o
ERRORS AND OMISSIONS - BUYER(S)
Property Address: None Assigned
Legal Description: Lot 4, Deerfield Addition to Blair, Washington County, Nebraska.
SELLERS: The City of Blair, Nebraska, A Nebraska Municipal Corporation
BUYERS: Janeos Holdings, LLC d/b /a Little Blossoms Childcare, a Nebraska
Limited Liability Company
LENDER: U.S. Bank, N. A.
The Undersigned acknowledge that the subject property may be located in a Sanitary and
Improvement District ( "SID"), and that if the subject property is located'in an SID that as of the date
below no Special Assessments other than those identified in the Commitment (if any) have been
assessed, levied or certified to the Office of the County Treasurer. The Undersigned further agree that
neither American Land Title Company, d/b /a Missouri River Title nor its Underwriter have or shall have
any responsibility foi'any Special Assessment(s) which may be or are assessed, levied and/or certified to
the County Treasurer after the date of closing, The Undersigned further indemnify and hold harmless the
Title Agency and its Underwriter from any claims by the Undersigned or the heirs, successors and/or
assigns of the Undersigned concerning any Special Assessment(s) which may be or are assessed, levied
and /or certified to the County Treasurer after the date of closing.
The Undersigned understand(s) and agree(s) that if any errors occur in the preparation of any of
the closing or loan documents, whether typographical, by mathematical calculation or by any other error
and omission, the Undersigned will; upon notification by Missouri River Title, assist in correcting or
adjusting the error including the payment or return of monies, if applicable.
In the event the Undersigned should fail or refuse to help adjust or correct the error and as
compel the adjustment or correction, including any payment or return of monies, the Undersigned will be
responsible for those attorney's fees and costs incurred in such matter.'
DATED this 15 day of February, 2013.
JANEOS HOLDINGS, LLC
A Nebraska Limited Liability Company
By: J e B amn, Manager
20130179
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2/11/13 5:03 PIA OMB No. 2502.0265
A. U.S. Department of Housing
" 0..' ,�I� ^o ` and Urban Development
(t
o.4s`r �,vsj�f
Settlement Statement (HUD-1),
B. Type of Loan
1. ( 1 FHA t [ ) RHS 3. t j Conv. Unlns.
4. [ 1 VA 5.1 ) Conv, Ins.
6. File Number 1. Loan Number
20130179
S. Mortgage Ins. Cane No.
C, Note: This form Is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are
shown, Items marked ( °POCJ were paid outside the closing: they are shown here for information purposes and are not
Included In the totals,
D. Name & Address�pf Borrower. Janeos Holdings, LLC„ 2106 Grant Street, Blair, NE 66008
E, Name & Address of Seller: The City of Blair, Nebraska, 218 South 16th Street, Blair, HE 65008
F. Name & Address of Lender, U.S. Bank, N. A., 8800 West Center Road, Omaha, NE 66127
G. Property Locatierj: Lot 4, Deerfield Abolition
Blair, NE 68008
H. Settlement Agent. Missouri RiverTdle (402)333 -1025 TIN: 263555218
Place of Settlement: 11317 Davenport Street, Omaha, NE 68154
I. Settlement Date: 021132013 Proration Date: 211112013
Recording �Data: 21112013 Dlsbum.d Date: 21112013
191. Contract aales.prlce 177,000.00 401, Contract sales price 177,000.00
102. Personal property
402. Personal property
103. Settlement charges to borrower One 1400)
1,364.50
403.
104,
404.
105.
:���.k5�,fo¢ > ��Ile�lmafYila,!.ex•.'�:� e F
106. Cityltown taxes
�
405.
..$�.�1? _. s f
406. Citylown taxes
107, County taxes-
407. County taxes
108. Assessments,
408, Assessments
109. Annual HOA Dues
409. Annual HOA Dues
110.
410.
111.
411.
112.
141 2,
120. Gross Amount Due from Borrower:
;t =MfB �„�4'�.£'as'
201. Deposit or eainest money
178,364.50
420. Gross Amount Duo to Seller
501. Excess deposit (sea Instructions)
177,000.00
am
202. Principal ount of new loan($)
106,200.00
502. Settlement charges to seller (line 1400)
546,50
203, Existing loan(5) taken subject to
503. UStin loan(s) taken subject to
204, Application Deposit
504. Payofforfirst mortgage loan
205.E
505. Payoffofsecond mortgage loan
206.
506.
207.
507.
208, Seller COam'bµ i' tlen -Title Insurance
508, Seller Contribution - Tide Insurance
209, 5eltar Conuibtition - Closing Costs
�dl s�o,DtS�l lt��"�sv?iS`np�� z' T r;s u ` - �2?k��.'�''�`: T ';���,si.
210, City/town taxes
509. Senor Contribution - Closing Costs
A3Ji�s'#rP�nL� _tR3`Gtt'P�`l'�`p_elI =•' �: i' i' >�..== `a�'.�' :- _�':�"-0
610. Cityltown taxes
ra�,ia_a�,.
211. County taxes'
511. County lazes
212. Assessments!'
512, Assessments
213.
513.
214,
614.
215, I
515,
216. 1 .
516.
217.
617,
218,
518.
218. ti
519.
,,2220. Total Paid byho�
301. Gross amounptlud from bartowar pine /2D)
105,200.00
t.
17.,364`50
$20, Total Reduction Amount Due Seller:
601- Gross amount due to seller (line 420)
546.50
177,000.00
302. Less amountgeld by /for borrower (line 220)
106,200.60
802. Less local reduction in amount due se5er(Ilne 520)
546.50
303, CASH (X)Fk M ()TO BORROWER
72,164.50
SD3. CASH ()FROM (X)TO SELLER
176,453.50
SUBSTITUTE FORM 1%_99 SELLER STATEMENT • The Informa0en contained In Blocks E, G, Hand I and on Wna 401 (af, if I nc 401 Is asterisked, fines 403 and 404), 40B, 407 and
408.412 (applicable pareof buyWe real ..W. tax reportable to the IRS) Is Important lax Informafwn and is bem9 nunlahed In the Inlemal Revenue Service. Byou are McO.d to Plea
return, a ne99gence WfeltYOr other -.11 n .3 be unposed an you 8 this item is required IR be roporied and Me IRS determines that R has not been reported.
SELLER INSTRUCTION - If bme real esWw Was your principal Ande cnoe, file W. 2119, Sale or Den.nga of Principal Resldeh09, for any gain, v.4lh y- Income fax rehmm, for other
transactions, complete Ire applicable pads of form 4797. Form 6252 nrNfM Schedule 0 (Fenn 1D40).
You are required by law to pmvlde Missoud Rlvee This (4D2) 333.1026 Wth your canned taxpayer Identification number.
If you do net provide M *ud RqATIVe (402) 333 -1025 with your cored taxpayer Idendleadon number, you may be subject to cNll of criminal penxldes.
3 C ' of Blair, Nebraska
Ile R r! 80den for this colleclWn of information is es9maled at 35 minutes par response fwcuncting,revierutg, and repoNng the data. This agency may
m0eet ihle info +mafiCp, and yae are not requred W mmptele this farm, unless 17 displays s aoen3yva0d OMB CDntNI number. NO confidentiality Is assured: NIs
disclosure Is mrmdatorry *Ohfs Is designed to pmWde the parties to a RESPA covered tr.Mdon with information during the se10ement process.
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s2 ;Lef4crientL��l? :s �.x..?�._ 2kfi�s -0a : :,n? F? raa�t.:NiFU6itu�€�EdtP
700, Total Real Estate Broker Fees
Paid From
Borrower's
Funds at
Settlement
.. :: r
Paid From
Sellar's
Funds at
Settlement
Division of commission (line 700) as foII -8:
701 $ „
702. S 4
703. Commission paid at settlement
0.00
704, is
705. Admfnistrstive,COmmisslon
706. AdminfstraliveCommfssfen
�- MO
801. Our odglnation charge Orom GFEUiI
ZVOR ME
802 Yourcredl or criarge (points) far spedrk Interest rate chosen (fmm GFWJ
603. Your adjvsted:Odgination charges drum Gee a)
O.OD
804, Appraisal fee to U.S. Bank, N. P Nom GFEXs))
500.00
806. Credit report A Y- GFEae)
806. Tax service arum GFFasf
807. Flood cedific4lion to U.S. Bank, N.A. Rom GFEaal
12.00
Fnal lnspedion Fee
1 808
809.
Bill.
811. w
61z.
�Da °p�t_itzs_'1,�guk�dii�efnae(�6: ��A� v �`r
901. Daily fntamstxharges (ham GFEatO)
��'- �'��'•
902. Mortgage fnsarance premium Irrom GFEaa)
903. Homeowner's; insurance !from GFEnti)
904.
905, VA Funding Fee
'- b . - - - @ , pd l v M�
1001. Initial deposit your escrow account Irnm GFEAO)
0.00
1002. liomaowner',l nsurance
1003. Mortgage ins irronoe
1004. City property taxes
togs. County prop. taxes
1006. Annual ASSe�smenls (mainL)
1007.
1008.
1009. w Aggregate Ad[ustment
�P�::��9p33i4 :`:�.i. ^� ,.".u,. _#"F Y.> x��..". 1. 3„ �3,+-., idL, t!`7.a',d,"3FV'�.i`�`- i'I.i•isu
1101. True seMces aptl lsndefa five in-ce Nam GFFx41
>f+7�'u'.-
250.00
1102. Settlement oeAlosing lee
1103. Owner's Wei surencs to Missouri River Title (from GFERq
254.50
254.50
1104. Lender's tWe insurance to Missouri River Tele $250.00
1105. Lender's Ikle policy Omit $106,200.00
1106. Owner's title ijolloy limit $177,000.00
1107. Agent's porNOh of the Iola) tPoe insurance premium $0.00
1106. Undorwrilees portion of total title insumnce premium
the
1109. Agent NameMissoud River TRle
1110. Underwriter N,ame:Old Republic National TNe Insurance
1111,
1112, Doc Pre /Doc9elivery Fee
1113, Esorow Closlig Fee to Missouri River Thle
9. - mrm_P.,grn'fja" -- k09i ?7.4`7£tans'R_,e['
1201. Government ieoording charges ftrom GFEXi)
250.00
0.00
250.00
1202. Deed/Modga'cJ Rielease Deod $16.00 Modgago $72.00 Release $32.00
88.00
1 ' 32.00
1203, Transfer !axe's_ (tam GFEna)
0.00
1204. City/County 12x/slamps
1205. State te)dstsmps
1206. SimlplFile ElEdronlo Recording Fee to Missoud River Title
x�� + „ir� 58 tlttlbn'.AS��.Ta!i_k�tid_ e, 5�` y,:' ts�szsS; c�Y :�"??ii= s�ij�_'s' r`f "� ''xi' _ .Sli "nCe
1301. Required sorvjcas that you can shop for Them GFE")
10.001
_��i:k1�'�a'a
0.00
10.00
` � - '��.'
1302. Pest inspeclfan Fee
1303. Home W.Ila&ty
1304. Survcy/Plot Plan
1305.
1306.
1307.
1308.
1309. it
1400. Total settlement charges (entered on Ilnes 103, section J and 502, so
1 1,364.50
$45.50
+S
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CERTIFI nCN:I1%o,arefulfy reviewed the HUD•1 Settlement Ststnmantand to thebestofmy knawlodga and belief, it isatrus and a ocuratestatement of all receipts
and dish enls made Gn BfY ocean ftyme(n ads bansacgdn.IfuAller c6ftity Natlhava receivedawpy of HU0.15ettlement glee enl
once Gldings, LL r' City o ai Net a ka
To the best of any knowled c ge, the HUD-1 Sel0emont Statement which I have prepared is a Lave and accurate a"xunlolthe footle Won "re recevM and have been orynll he
disbursed by me un ae pan of the sehlementof gds inersact'om
Missoun F"Title
SEILER'6 AN WG0. B9RROWER'a STATeNERT 6eea(a ant aortowa(a a19NWn hu =on aeMoMed90s WNha4epp ms alter praredam entslpn: {es Ne'vtntivdatd4gtlut pwallals veare baaetl
on Wes Iar moy¢nr, or asUmalea for the avr Md N ma awrd aafry dranAe fa NO ameN year. ad M nac0esary edfusttnenb oust h rattle between SBtlrr and 6onowC likrxiae arty
daeall In dcMq— uON I... lava wN be nmbtasa0la Tala Co muny mmrry b y ft 5¢IIN.
Tlee C¢mperry,h eapatly as Eaovw Apvn4lc arW has bean eNnodcadbdapBSR di Mdc itraolvosUdw 7mra0WOnln airy EnanW InflilWOR wberb m nkMS ar twl6udt m odd
0
Prev", maypmv4le 7db Cpmpary ,xmpa0radeoWdeq and auWt sphiros dvaWy or avough¢sapeale aRllywNig4tlaRudN wMTieO Co¢pmry, maYdw9afi dkut9uean e nbeld
prolRV -Imal T
adan Wnroni and rolaln city pnrdsmeo( ro+ nAm/ asUaw teap pall tyatyparly imoF"tl Neds banwelbndmd vNY be bramykMkirg and IrOM to Uet Mid b bun
y IS M yI ions faS
auowOfG aed aud! BeMres�.dle C emparry shoal rot be cable yof any Wensl ar eclat diepca an Coe eaefinel money anddall W wearro duyb bnesl ¢r sekwxz b ship M R an , Snea
W e9nowa"hemq• at MOdpv and mrocnl b the dtyoskd me Be Ww mmrybtdRandal iradW'10M wMxsdchTNe CompBnylms or may have aMabenkha ralelionshki andluMSr eaaeMb
em rotvruontry TNe Cempare'.MGwbsaYRa!es A myvball barwfns (indtf�p edv¢nepMee INaree "!ea on lwn) TNa CnnpanyoniMrO a(mams rac ncdva fn a evl Itnenc6M hpiael— by
eon a Ihoymainlenenea 0 @aed ourmv aeeowLL
no The Se00mea Ape. doss net wanum er reams" tM aawasy a inremanon provided W a Psmy, ine' -'a vva canes m Q poc items and rtbva,,An —U. by a b
m rvMr ledde
ino— danvppveis an nbstifio -i 6oWanent 8lstement pcndripW'Cempebpnof Good Forth Wool,(GFE) H i CJneee'ad`I —Ta . anal me paNac hant." to Seetemed
Ace s acs¢ any kmcemados In Seim mote".
The patio: mvor¢ea IJne ab¢va amnm�ua, nsa9nbe and w¢ tadlanera namn.n aaer'vt a9na to aam¢, aodrpsopnhe Tits Canpayls nIy1M on Ina came.
P¢nNa6e "/Sortwars - S�eue \ ta
Jan eo all' s,LL The dye e, Nebraska
7
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WARNING: h Ia a crineo Co knowingly make false statements to the United States en lots or erry Omer slmlla(form. Penalties upon conviction can Include aline and
Imprisonment For dolails Title 1e: U.S. Code Section 1001 and Secdan 1010.
POC(0) ropmeents paid onside of closing by bonover, POC(S) rep-ambe paid outside of closing by me Sallee, POC(L) represents paid ornside of doming by tender,
and POC(" represents paid opWde of easing by mortgage broker.
1'
LIEN WAIVER AFFIDAVIT AND INDEMNIFICATION
STATE OF NEBRASKA )
ss.
COUNTY OF WASHINGTON )
The undersigned Affiant(s) depose(s), state(s) and hereby warrant, covenant and agree with and unto
Missouri River Title Co., Inc., and Old Republic National Title Insurance TO THE BEST OF
AFFIANT'S KNOWLEDGE AND BELIEF, and in consideration of the issuance of a policy or policies
of title insurance free and clear of the Standard Exceptions to coverage contained in the American Land
Title Association Standard Mortgagee's Policy, which policy or policies of title cover the following
described real property located in Washington County, Nebraska:
Lot 4, Deerfield Addition to Blair, Washington County, Nebraska.,
1. That there are no unpaid bills for materials supplied or labor furnished for the construction and
erection of improvements, including site preparation, on said real estate which would be the basis
for a Mechanic's or Materialman's or Construction Lien pursuant to the laws of the State of
Nebraska. .
2. That there have been no public improvements affecting the property prior to the date hereof that
would give rise to a special property tax assessment against the property subsequent to the date
hereof, nor has the undersigned received any notice of any pending public improvements.
3. That the above described property is free and clear of all liens, taxes, assessments, mortgages and
other encumbrances and claims of every kind, nature and description whatsoever, except for real
estate taxes which are not now due and payable and except for covenants, easements and
restrictions of record.
4. That there are no outstanding judgments or decrees in any Court of the State of Nebraska or the
United States against the undersigned which remains unsatisfied and which is, or could become
in the future, a lien against the above - described premises. We further agree to fully indemnify
Missouri River Title Company, and its underwriting company, against any and all possible
payments and expenses of legal action in regard to judgment liens resulting from judgments or
lawsuits in any Court of Nebraska or the United States occurring on or before the date of closing
which are or may become a lien on the above described premises.
5. That there are presently no parties in possession of the property whose interest does not appear of
record in the public records which affect the title to said real estate, except: NONE.
6. That there are no delinquent sewer, water, garbage collection or other fees charged by the City,
which might at some future date, constitute a lien against the Property.
7. That your affiant(s) has not been notified of any violation of local setback or building restriction
regulations.
8. That there have been no disputes with neighbors over fence or boundary lines, driveways, walks,
street or alley locations, encroachments of buildings or improvements, or violations of covenants
and restrictions.
9. That there are no encroachments of buildings, eaves, bay windows, walks, fences, drives, etc.,
form the property of the affiant onto adjoining property (including street and alleys), or onto
easements or setbacks, nor are there such encroachments of adjoining property improvements
onto the affiant's property.
10. The undersigned jointly and severally agree to indemnify fully and hold harmless the said
Missouri River Title Company, and its underwriting company from any loss which either might
sustain as a result of any of the foregoing representations being untrue; such as costs and
expenses arising from, defending against, negotiating, compromising, settling or paying in full
any
11 claims against the real estate previously described.
Dated this [ aJ �4y of February, 2013.
THE CITY OF BLAIR, NEBRASKA,
.A Nebraska Municipal Corporation
`. Jam E. Realph, Mayor
The foregoing instrument was swom to and acknowledged before me this _L?� day of February,
2013, by JAMES E. REALPH, Mayor of the City of Blair, Nebraska, A Nebraska Municipal
Corporation.
G Y • State at Nebraska
Exp.Aug. 18
Notary Public
2
SUPPLEMENTAL AFFIDAVIT, LIEN WAIVER. AND
INDEMNIFICATION FOR EXPANDED COVERAGE
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
The undersigned, your Affiant(s) herein, TO THE BEST OF YOUR AFFIANT'S
KNOWLEDGE AND BELIEF, and in consideration of issuance of an expanded policy or policies oftitle
insurance covering the real estate in Washington County, Nebraska, legally described as:
Lot 4, Deerfield Addition to Blair, Washington County, Nebraska. (together with any
improvements thereto hereafter referred to as "the premises ");
does /do hereby depose(s), state(s), warrant(s), covenant(s) and agree(s) with and unto Missouri River
Title and Old Republic National Title Insurance as follows:
1. I am/We are the owner(s) of record of the property described in Commitment No. 24130179
issued by Old Republic National Title Insurance Company (`the Commitment ").
2. Any and all assessments by any condominium or homeowners' association have been paid in full
and are current as of the date of this Affidavit. Any outstanding assessments are not yet due or
payable.
3. I/We have not made any improvements of any type or kind to the premises within the past twelve
months.
4. Any such improvements to the said premises were authorized by a Building Permit issued by the
appropriate state, county, city or other political subdivision with jurisdiction over the premises.
5. I am/We are not aware of, nor have Uwe been provided with notice of any repairs or
improvements to be made to streets, roads, electrical, sewer, or drainage systems or other
infrastructure adjacent to or servicing the premises.
6. The premises are limited to certain vacant residential property.
7. I am/We are not aware, nor have Uwe been provided with any notice, that the existing
improvements on said premises violate any building permit(s), zoning or subdivision law(s),
regulation(s), covenant(s), condition(s) or restriction(s).
8. 1 am/We are not aware, nor have. Uwe been provided with any notice, that any person or entity
has any rights, easements, licenses or agreements allowing them to use, encroach on, or travel on
or over any part of the premises.
9. There is actual pedestrian and vehicular access to and from the premises.
20130179
10. I/We indemnify and hold harmless Missouri River Title (A Registered Trade Name of American
Land Title Company) and its underwriter, Old Republic National Title Insurance Company, from
any loss, liability, costs, and/or expenses, including attorney's fees, necessary or incurred as a
result of enforcing the provisions of this Affidavit, resulting from any errors or incorrectness of
this Affidavit, or resulting from any defects, liens, encumbrances, or other matters currently
affecting or which may affect the title to the land before the recordation of our conveyance to the
Buyers or before the recordation of our mortgage, which were caused by or agree to by me /us.
11. This Affidavit is given for the.purpose of inducing Missouri River Title (A Registered Trade
Name of American Land Title Company) and its underwriter, Old Republic National Title
Insurance Company, to issue its policy or policies of title insurance which may provide coverage
as to the items set forth above and were further certify that the above and foregoing is true and
correct to the best of our knowledge and, belief.
Dated this ��llaxof February, 2013.
TB E CITY OF BLAIR, NEBRASKA,
A Nebraska Municipal Corporation
Gam -.-_� _ �� --�•�
y J s E. Realph, Mayor
The foregoing instrument was sworn to and acknowledged before me this /Z day of
February, 2013, by JAMES E. REALPII, Mayor of the City of Blair, Nebraska, A
Nebraska Municipal Corporation.
=J 1,111RMA1 f�' AR' •State d "' Wka ADAMR.TRIPP Notary Public
oomm.FV.Aug.
20130179 2
4
WASHINGTON COUNTY, STATE OF NEBRASKA
Instrument Number 2013 -00638
4 ►
REGISTER OF DEEDS
Recorded
General
Numerical
Photostat
Proofed
Scanned
FILED
2013 Feb -13 PM 03:32
KAREN A. MADSEN
WASHINGTON COUNTY
REGISTER OF DEEDS
BLAIR, NE
Missouri River Title, 1 1317 Davenport Street, Omaha, NE 68154 (402) 333 -1025
REGISTER OF DEEDS'
COVER RECORDING
Release of Special Assessments
Legal Description:
See Exhibit "A"
2013 -00638
VERIFICATION REGARDING CITY ASSESSMENTS
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
The undersigned, your Affiant(s) herein, states as follows;
1. That I am the City Treasurer for the City of Blair, Nebraska. I am in possession and control of
City of Blair assessment records regarding real estate within the municipality.
2. All City of Blair Assessments included in Washington County District Court Case No. Cl 12 49
have been forgiven and dismissed pursuant to the terms of the settlement agreement in the above -
entitled case.
Dated this /Z day of February, 2013.
THE CITY OF BLAIR, NEBRASKA,
A Nebraska Municipal Corporation
By: Peggy Frahm, City Treasurer
The foregoing instrument was sworn to and acknowledged before me this 17— day of
February, 2013, by Peggy Frahm, Mayor of the City of Blair, Nebraska, A Nebraska
Municipal Corporation.
= TRIPP Notary Public
20130179
2013 -00638
EXHIBIT "A"
Lots 1, 4, 59, 64, 65, 67, 76, 79, 80 and 83, inclusive, all in Deerfield an addition to the
City of Blair as surveyed, platted, and recorded in Washington County, Nebraska,
and
Lots 4R, SR, 8R, IM I I11,12R,13R, 15P, 16P, ISR, and 20R, inclusive, all in
Deerfield Replat I, an addition to the City of Blair, as surveyed, platted and recorded in
Washington County, Nebraska,
and
Lots 119, 120, 129, 131, 137,13 8, 139, 140, 141, and 142, inclusive, all in Deerfield First
Addition, an addition to the City of Blair, as surveyed, platted and recorded in
Washington County, Nebraska,
and
Lots I through 7, inclusive, 15 through 24, 26 through 47, inclusive, 49, 51, 54, 55, 59,
63.66 through 70, inclusive, 72 through 75, inclusive, 77 and 78, all in Deerfield Replat
" T an- addition -to - the- C- ity- of assurveyed, platted -and-recorded Vshington
County, Nebraska,
2013 -00638
WASHINGTON COUNTY, STATE OF NEBRASKA
Instrument Number 2013 -00639
LL
REGISTER OF DEEDS
Recorded
General
Numerical
Photostat
Proofed
Scanned
FILED
2013 Feb -13 PM 03:32
KAREN A. MADSEN
WASHINGTON COUNTY
REGISTER OF DEEDS
BLAIR, NE
FULL DEED OF RECONVEYANCE
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the below named Beneficiary of the Deed of Trust, Assignment of
Revenues and Security Agreement dated January 20, 2012 ("Deed of Trust") executed by JCM
Investments, Inc., a Nebraska corporation ff rustor"), to First National Bank of Omaha, a
national banking association, as Trustee ("Trustee "), for the benefit of First National Bank of
Omaha, a national banking association ("Beneficiary"), and recorded in the office of the Register
of Deeds of Washington County, Nebraska on February 1, 2012, in Book 580, at Page 724, has
agreed to reconvey and release the Deed of Trust, and said Beneficiary desires that this Deed of
Recbnveyance be executed and delivered.
NOW THEREFORE, the undersigned Trustee does by these presents, grant, remise,
release and reconvey to the person or persons entitled thereto all of the interest and estate said
Trustee derived by or through said Deed of Trust in the real property described as on Exhibit "A'
attached hereto and incorporated herein by reference.
FIRST NATIONAL BANK OF OMAHA, a
national banking association, Trustee
By: ,
Name: UG W , Mum f_
Title: V t' tA—
STATE OF NEBRASKA )
)Ss.
COUNTY OF DOUGLAS )
2013 -00639
BXH1Brr OM
lots 1„ 4, 1.8 A&S, 59, 64,. 66, 67, 70 80 and 63, inclusive :ill in
Dser�cld. an additlon to the, CIV of Blair as surveyed, platted, and
recorded in Washington County, Nebraska,
f'
Lots 4R, 5R, 8R, 10% 11R, 12R, 1312, 15R, 16R, 1t3R, and 20R, inclusive,
all. in Deerfield Replat 1, an addition to -the City of Blair, as surveyed,
platted and recorded in Washington County, Nebraska,
and
Lots 119, 120, 129, 131, 137, 138, 139, 140, 141, and 142,, inclusive, all
in Deerfield PIrst' Addit3.on., an addition to the City of Blair as aurYeyed,
platted' and rec in Washington* COUhty, Nebraska,
And
Lots 1 through 7, inclusive, 15 through 47, inclusive, 49, 51, 54, $6, 59,
63 through 70, inclusive, 72 through 75, inclusive, 77 and 78, all in
Deerfield Replat 2, an addition to the City of 81air as surveyed, platted
and recorded in Washington County, Nebraska
EXHIB['TA 1- 19- 12,doa
2013 -00639
WASHINGTON COUNTY, STATE OF NEBRASKA
Instrument Number 2013 -00640
REGISTER OF DEEDS
Recorded
General
Numerical
Photostat
Proofed
Scanned
FILED
2013 Feb -13 PM 03:32
KAREN A. MADSEN
WASHINGTON COUNTY
REGISTER OF DEEDS
BLAIR, NE
NEBRASKA DOCUMENTARY
STAMP TAX
Date: 02/13/13
$ 0.00 _ By CR
After Recording Return To: Missouri River Title, 11317 Davenport Street, Omaha, NE 68154
The City of Blair, Nebraska, A Nebraska Municipal Corporation, GRANTOR, in consideration
of One Dollar and other valuable consideration received from GRANTEE, Janeos Holdings, a Nebraska
Limited Liability Company, conveys to GRANTEE the following described real estate (as defined in
Neb. Rev. Stat. Section76 -201):
Lot 4, Deerfield Addition to Blair, Washington County, Nebraska.
GRANTOR covenants (jointly and severally, if more than one) with GRANTEE that GRANTOR:
(1) is lawfully seized of such real estate and that it is free from encumbrances except those
shown on Exhibit A;
(2) has legal power and lawful authority to convey the same; and,
(3) warrants and will defend the title to the real estate against the lawful claims of all persons
claiming the same or any part thereof by, through, or under Grantor.
Dated this' �� 1 Nay of February, 2013.
THE CITY OF BLAIR, NEBRASKA,
A Nebraska Municipal Corporation
By a E. Realph, Mayor
The foregoing instrument was sworn to and acknowledged before me this 12 day of
February, 2013, by JAMES E. REALPH, Mayor of the City of Blair, Nebraska, A
Nebraska Municipal Corporation.
G�EAALNO7AFIY - State of Nebraska
ADAM R. ARIB 2018
Wcomm. Exp. 9 Notary Public
Return to: MRT #5
2013 -00640
EXHIBIT A
Taxes for the vear 2013 and all subsequent Years. 2012 Taxes Exempt.
Subject to provisions and restrictions in Protective Covenants in Book 307 at page 163 filed August 30,
1999.
Subject to provisions, restrictions and utility easements in Plat and Dedication in Book 2 at page 870
filed May 20, 1997.
Subject to provisions and restrictions in Easement by and between City of Blair and JCM Investments,
Inc., in Book 295 at page 495 filed January 19, 1999.
2013 -00640
WASHINGTON COUNTY, STATE OF NEBRASKA
Instrument Number 2013 -00641
REGISTER OF DEEDS
Recorded
General
Numerical
Photostat
Proofed
Scanned
This instrument was prepared by and
after recording return to:
US BANK NA
PO Box 3487
Oshkosh WI 54903 -3487
FILED
2013 Feb -13 PM 03:32
KAREN A. MADSEN
WASHINGTON COUNTY
REGISTER OF DEEDS
BLAIR, NE
NEBRASKA DEED OF TRUST, SECURITY AGREEMENT
AND ASSIGNMENT OF RENTS AND LEASES
(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE)
Construction Security Agreement.
❑ If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY
AGREEMENT" AS REFERRED TO IN THE NEBRASKA CONSTRUCTION LIEN ACT.
Date of Document: February 8, 2013
Trustor: Janeos Holdings, LLC
Trustee: U.S. Bank N.A.
Beneficiary: U.S. Bank N.A.
2013 -00641
NEBRASKA DEED OF TRUST, SECURITY AGREEMENT
AND ASSIGNMENT OF RENTS AND LEASES
(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE)
❑ If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY
AGREEMENT" AS REFERRED TO IN THE NEBRASKA CONSTRUCTION LIEN ACT.
This Nebraska Deed of Trust, Security Agreement and Assignment of Rents and Leases
(Including Fixture Filing Under Uniform Commercial Code) ( "Deed of Trust") is made and entered into by
the undersigned borrower(s), guarantor(s) and /or other obligors) /pledgor(s) (collectively the "Trustor) in
favor of U.S. BANK N.A., having a mailing address at 400 City Center, Oshkosh, WI 54901 (the
"Trustee "), for the benefit of U.S. BANK N.A. (the "Beneficiary"), effective as of the date set forth below.
ARTICLE 1. CONVEYANCEIMORTGAGED PROPERTY
1.1 Grant of Deed of Trust/Security Interest. IN CONSIDERATION OF FIVE DOLLARS ($5.00)
cash in hand paid by the Trustee to the Trustor, and the financial accommodations from the Beneficiary to
the Trustor as described below, the Trustor has bargained, sold, conveyed and confirmed, and hereby
bargains, sells, conveys and confirms, unto Trustee, its successors and assigns, IN TRUST, WITH
POWER OF SALE, for the benefit of the Beneficiary, the Property (defined below) to secure all of the
Trustor's Obligations (defined below) to the Beneficiary. The intent of the parties hereto is that the
Property secures all Obligations of the Trustor to the Beneficiary, whether now or hereafter existing,
between the Trustor and the Beneficiary or in favor of the Beneficiary, including, without limitation, any
note, any loan or security agreement, any lease, any other mortgage, deed of trust or other pledge of an
interest in real or personal property, any guaranty, any letter of credit or reimbursement agreement or
banker's acceptance, any agreement for any other services or credit extended by the Beneficiary to the
Trustor even though not specifically enumerated herein and any other agreement with the Beneficiary
(together and individually, the "Loan Documents "). The parties further intend that this Deed of Trust shall
operate as a security agreement with respect to those portions of the Property which are subject to Article
9 of the Uniform Commercial Code.
1.2 "Property" means all of the following, whether now owned or existing or hereafter acquired by
the Trustor, wherever located: all the real estate described below or in Exhibit A attached hereto (the
"Land "), together with all buildings, structures, standing timber, timber to be cut, fixtures, equipment,
inventory and furnishings used in connection with the Land and improvements; all materials, contracts,
drawings and personal property relating to any construction on the Land; and all other improvements now
or hereafter constructed, affixed or located thereon (the "Improvements ") (the Land and the
Improvements collectively the "Premises "); TOGETHER with any and all easements, rights -of -way,
licenses, privileges, and appurtenances thereto, and any and all leases or other agreements for the use or
occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security
deposits and any guaranty of a tenant's obligations thereunder (collectively the "Rents "); all awards as a
result of condemnation, eminent domain or other decrease in value of the Premises and all insurance and
other proceeds of the Premises.
The Land is described as follows (or in Exhibit A hereto if the description does not appear below):
See Exhibit A.
1.3 "Obligations" means all loans by the Beneficiary to Janeos Holdings, LLC, including those
loans evidenced by a note or notes dated 02108113, in the initial principal amount(s) of $106,200.00 and
any extensions, renewals, restatements and modifications thereof and all principal, interest, fees and
expenses relating thereto (the "Note "); and also means all the Trustor's debts, liabilities, obligations,
covenants, warranties, and duties to the Beneficiary (plus its affiliates including any credit card debt, but
Page 1
2013 -00641
specifically excluding any type of consumer credit), whether now or hereafter existing or incurred, whether
liquidated or unliquidated, whether absolute or contingent, whether arising out of the Loan Documents or
otherwise, and regardless of whether such Obligations arise out of existing or future credit granted by the
Beneficiary to any Trustor, to any Trustor and others, to others guaranteed, endorsed or otherwise
secured by any Trustor or to any debtor -in- possession /successor -in- interest of any Trustor, and principal,
interest, fees, expenses and charges relating to any of the foregoing, including, without limitation, costs
and expenses of collection and enforcement of this Deed of Trust, attorneys' fees of both inside and
outside counsel and environmental assessment or remediation costs. The interest rate and maturity of
such Obligations are as described in the documents creating the indebtedness secured hereby.
THIS DEED OF TRUST SECURES, WITHOUT LIMITATION, EXISTING DEBTS OR
OBLIGATIONS CREATED SIMULTANEOUSLY WITH THE EXECUTION OF THIS DEED OF TRUST
AND ANY FUTURE ADVANCES TO BE MADE AT THE OPTION OF THE PARTIES. The total principal
amount, exclusive of interest, of the Obligations, including any future debts, advances, liabilities or
obligations, not including, however, any sums advanced for the protection of the Property or the Trustor's
interest therein, shall not exceed the sum of $106,200.00; PROVIDED, HOWEVER, THAT NOTHING
CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE ADDITIONAL OR FUTURE
LOANS OR ADVANCES IN ANY AMOUNT.
1.4 Homestead. The Premises are not the homestead of the Trustor. If so, the Trustor releases
and waives all rights under and by virtue of the homestead exemption laws of the State of Nebraska.
ARTICLE II: WARRANTIES AND COVENANTS.
In addition to all other warranties and covenants of the Trustor under the Loan Documents which
are expressly incorporated herein as part of this Deed of Trust, including the covenants to pay and
perform all Obligations, and while any part of the credit granted the Trustor under the Loan Documents is
available or any Obligations of the Trustor to the Beneficiary are unpaid or outstanding, the Trustor
continuously warrants to the Beneficiary and the Trustee and agrees as follows:
2.1 Warranty of Title /Possession. The Trustor warrants that it has sole and exclusive title to and
possession of the Premises, excepting only the following "Permitted Encumbrances ": restrictions and
easements of record, and zoning ordinances (the terms of which are and will be complied with, and in the
case of easements, are and will be kept free of encroachments), taxes and assessments not yet due and
payable and those Permitted Encumbrances set forth on Exhibit B attached hereto (except that if no
Exhibit B is attached, there will be no additional Permitted Encumbrances). The lien of this Deed of Trust,
subject only to Permitted Encumbrances, is and will continue to be a valid first and only lien upon all of the
Property.
2.2 Maintenance; Waste; Alteration. The Trustor will maintain the Premises in good and
tenantable condition and will restore or replace damaged or destroyed improvements with items of at least
equal utility and value. The Trustor will not commit or permit waste to be committed on the Premises. The
Trustor will not remove, demolish or materially alter any part of the Premises without the Beneficiary s prior
written consent, except the Trustor may remove a fixture, provided the fixture is promptly replaced with
another fixture of at least equal utility. The replacement fixture will be subject to the priority lien and
security of this Deed of Trust.
2.3 Transfer and Liens. The Trustor will not, without the prior written consent of the Beneficiary,
which may be withheld in the Beneficiary's sole and absolute discretion, either voluntarily or involuntarily
(a) sell, assign, lease or transfer, or permit to be sold, assigned, leased or transferred, any part of the
Premises, or any interest therein; or (b) pledge or otherwise encumber, create or permit to exist any
mortgage, pledge, lien or claim for lien or encumbrance upon any part of the Premises or interest therein,
except for the Permitted Encumbrances. Beneficiary has not consented and will not consent to any
contract or to any work or to the furnishing of any materials which might be deemed to create a lien or
liens superior to the lien of this Deed of Trust.
Page 2
2013 -00641
2.4 Escrow. After written request from the Beneficiary, the Trustor will pay to the Beneficiary
sufficient funds at such time as the Beneficiary designates, to pay (a) the estimated annual real estate
taxes and assessments on the Premises; and (b) all property or hazard insurance premiums when due.
Interest will not be paid by the Beneficiary on any escrowed funds. Escrowed funds may be commingled
with other funds of the Beneficiary. All escrowed funds are hereby pledged as additional security for the
Obligations.
2.5 Taxes, Assessments and Charges. To the extent not paid to.the Beneficiary under 2.4
above, the Trustor will pay before they become delinquent all taxes, assessments and other charges now
or hereafter levied or assessed against the Premises, against the Beneficiary based upon this Deed of
Trust or the Obligations secured by this Deed of Trust, or upon the Beneficiary's interest in the Premises,
and deliver to the Beneficiary receipts showing timely payment.
2.6 Insurance. The Trustor will continually insure the Premises against such perils or hazards as
the Beneficiary may require, in amounts, with acceptable co- insurance provisions, not less than the unpaid
balance of the Obligations or the full replacement value of the Improvements, whichever is less. The
policies will contain an agreement by each insurer that the policy will not be terminated or modified without
at least thirty (30) days' prior written notice to the Beneficiary and will contain a mortgage clause
acceptable to the Beneficiary; and the Trustor will take such other action as the Beneficiary may
reasonably request to ensure that the Beneficiary will receive (subject to no other interests) the insurance
proceeds from the Improvements. The Trustor hereby assigns all insurance proceeds to and irrevocably
directs, while any Obligations remain unpaid, any insurer to pay to the Beneficiary the proceeds of all such
insurance and any premium refund; and authorizes the Beneficiary to endorse the Trustor's name to effect
the same, to make, adjust or settle, in the Trustor's name, any claim on any insurance policy relating to
the Premises. The proceeds and refunds will be applied in such manner as the Beneficiary, in its sole and
absolute discretion, determines to rebuilding of the Premises or to payment of the Obligations, whether or
not then due and payable.
2.7 Condemnation. Any compensation received for the taking of the Premises, or any part
thereof, by a condemnation proceeding (including payments in compromise of condemnation
.proceedings), and all compensation received as damages for injury to the Premises, or any part thereof,
shall be applied in such manner as the Beneficiary, in its sole and absolute discretion, determines to
rebuilding of the Premises or to payment of the Obligations, whether or not then due and payable.
2.8 Environmental Matters. Except as specifically disclosed by Trustor to Beneficiary in writing
prior to the execution of this Deed of Trust, Trustor represents and warrants as follows. There exists no
uncorrected violation by the Trustor of any federal, state or local laws (including statutes, regulations,
ordinances or other governmental restrictions and requirements) relating to the discharge of air pollutants,
water pollutants or process waste water or otherwise relating to the environment or Hazardous
Substances as hereinafter defined, whether such laws currently exist or are enacted in the future
(collectively "Environmental Laws "). The term "Hazardous Substances" will mean any hazardous or
toxic wastes, chemicals or other substances, the generation, possession or existence of which is
prohibited or governed by any Environmental Laws. The Trustor is not subject to any judgment, decree,
order or citation, or a party to (or threatened with) any litigation or administrative proceeding, which asserts
that the Trustor (a) has violated any Environmental Laws; (b) is required to clean up, remove or take
remedial or other action with respect to any Hazardous Substances (collectively "Remedial Action "); or
(c) is required to pay all or a portion of the cost of any Remedial Action, as a potentially responsible party.
Except as disclosed on the Borrower's environmental questionnaire provided to the Beneficiary, there are
not now, nor to the Trustor's knowledge after reasonable investigation have there ever been, any
Hazardous Substances (or tanks or other facilities for the storage of Hazardous Substances) stored,
deposited, recycled or disposed of on, under or at any real estate owned or occupied by the Trustor during
the periods that the Trustor owned or occupied such real estate, which if present on 'the real estate or in
soils or ground water, could require Remedial Action. To the Trustor's knowledge, there are no proposed
or pending changes in Environmental Laws which would adversely affect the Trustor or its business, and
there are no conditions existing currently or likely to exist while the Loan Documents are in effect which
would subject the Trustor to Remedial Action or other liability. The Trustor currently complies with and will
Page 3
2013 -00641
continue to timely comply with all applicable Environmental Laws; and will provide the Beneficiary,
immediately upon receipt, copies of any correspondence, notice, complaint, order or other document from
any source asserting or alleging any circumstance or condition which requires or may require a financial
contribution by the Trustor or Remedial Action or other response by or on the part of the Trustor under
Environmental Laws; or which seeks damages or civil, criminal or punitive penalties from the Trustor for
an alleged violation of Environmental Laws. In the event of any such circumstance or condition, the
Trustor agrees, at its expense and at the request of the Beneficiary, to permit an environmental audit
solely for the benefit of the Beneficiary, to be conducted by the Beneficiary or an independent agent
selected by the Beneficiary and which may not be relied on by the Trustor for any purpose. This provision
shall not relieve the Trustor from conducting its own environmental audits or taking any other steps
necessary to comply with Environmental Laws.
2.9 Assignments. The Trustor will not assign, in whole or in part, without the Beneficiary's prior
written consent, the rents, issues or profits arising from the Premises.
2.10 Right of Inspection. The Beneficiary may at all reasonable times enter and inspect the
Premises.
2.11 Waivers by Trustor. To the greatest extent that such rights may then be lawfully waived, the
Trustor hereby agrees for itself and any persons claiming under the Deed of Trust that it will waive and will
not, at any time, insist upon or plead or in any manner whatsoever claim or take any benefit or advantage
of (a) any exemption, stay, extension or moratorium law now or at any time hereafter in force; (b) any law
now or hereafter in force providing for the valuation or appraisement of the Premises or any part thereof
prior to any sale or sales thereof to be made pursuant to any provision herein contained or pursuant to the
decree, judgment or order of any court of competent jurisdiction; (c) to the extent permitted by law, any
law now or at any time hereafter made or enacted granting a right to redeem from foreclosure or any other
rights of redemption in connection with foreclosure of, or exercise of any power of sale under, this Deed of
Trust; (d) any statute of limitations now or at any time hereafter in force; or (e) any right to require
marshalling of assets by the Beneficiary.
2.12 Assignment of Rents and Leases. The Trustor assigns and transfers to the Beneficiary, as
additional security for the Obligations, all right, title and interest of the Trustor in and to all leases which
now exist or hereafter may be executed by or on behalf of the Trustor covering the Premises and any
extensions or renewals thereof, together with all Rents, it being intended that this is an absolute and
present assignment of the Rents. Notwithstanding that this assignment constitutes a present assignment
of leases and rents, the Trustor may collect the Rents and manage the Premises, but only if and so long
as a default has not occurred. If a default occurs, the right of Trustor to collect the Rents and to manage
the Premises shall thereupon automatically terminate and such right, together with other rights, powers
and authorizations contained herein, shall belong exclusively to the Beneficiary. This assignment confers
upon the Beneficiary?! power coupled with an interest and cannot be revoked by the Trustor. Upon the
occurrence of a default, the Beneficiary, at its option without notice and without seeking or obtaining the
appointment of a receiver or taking actual possession of the Premises may (a) give notice to any tenant(s)
that the tenant(s) should begin making payments under their lease agreement(s) directly to the Beneficiary
or its designee; (b) commence a foreclosure action and file a motion for appointment of a receiver; or (c)
give notice to the Trustor that the Trustor should collect all Rents arising from the Premises and remit
them to the Beneficiary upon collection and that the Trustor should enforce the terms of the lease(s) to
ensure prompt payment by tenant(s) under the lease(s). All Rents received by the Trustor shall be held in
trust by the Trustor for the Beneficiary. All such payments received by the Beneficiary may be applied in
any manner as the Beneficiary determines to payments required under this Deed of Trust, the Loan
Documents and the Obligations. The Trustor agrees to hold each tenant harmless from actions relating to
tenant's payment of Rents to the Beneficiary.
. 2.13 Fixture Filing. From the date of its recording, this Deed of Trust shall be effective as a
financing statement filed as a fixture filing under the Uniform Commercial Code with respect to the
Improvements and for this purpose the name and address of the debtor is the name and address of the
Trustor as set forth in this Deed of Trust and the name and address of the secured party is the name and
Page 4
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address of the Beneficiary as set forth in this Deed of Trust. The Property includes goods which are or
may become so affixed to real property as to become fixtures and products and proceeds of the Property.
If any of the Property is of a nature such that a security interest therein can be perfected under the
Uniform Commercial Code, this Deed of Trust shall also constitute the grant of a security interest to the
Beneficiary and serve as a Security Agreement, and Trustor authorizes the filing of any financing
statements and agrees to execute other instruments that may be required for the further specification,
perfection or renewal of such security interest.
ARTICLE Ill. RIGHTS AND DUTIES OF THE BENEFICIARY
In addition to all other rights (including setoff) and duties of the Beneficiary under the Loan
Documents which are expressly incorporated herein as a part of this Deed of Trust, the following
provisions will also apply:
3.1 Beneficiary Authorized to Perform for Trustor. If the Trustor fails to perform any of the
Trustor's duties or covenants set forth in this Deed of Trust, the Beneficiary may perform the duties or
cause them to be performed, including, without limitation, signing the Trustor's name or paying any
amount so required, and the cost, with interest at the default rate set forth in the Loan Documents, will
immediately be due from the Trustor to the Beneficiary from the date of expenditure by the Beneficiary to
date of payment by the Trustor, and will be one of the Obligations secured by this Deed of Trust. All acts
by the Beneficiary are hereby ratified and approved, and the Beneficiary will not be liable for any acts of
commission or omission, nor for any errors of judgment or mistakes of fact or law.
ARTICLE IV. DEFAULTS AND REMEDIES
The Beneficiary may enforce its rights and remedies under this Deed of Trust upon default. A
default will occur if the Trustor fails to comply with the terms of any Loan Documents (including this Deed
of Trust or any guaranty by the Trustor) or a demand for payment is made under a demand loan, or the
Trustor defaults on any other mortgage affecting the Land, or if any other obligor fails to comply with the
terms of any Loan Documents for which the Trustor has given the Beneficiary a guaranty or pledge. Upon
the occurrence of a default, the Beneficiary may declare the Obligations to be immediately due and
payable.
4.1 Remedies. In addition to the remedies for default set forth below and in the other Loan
Document, including default available by law or acceleration,
equity. Upon a default, Beneficiary may e l i r
exercise following remedies:
for
(a) Enforcement of Assignment of Rents and Leases. Beneficiary may:
(i) terminate the license granted to Trustor to collect the Rents (regardless
and sue for the
Beneficiary or Trustee shall have entered into possession of the Property),
Rents in Beneficiary's own name, give receipts and releases therefor, net proceeds thereof for Ito any
expenses of collection, including reasonable attorneys' fees, apply
Obligations as Beneficiary may elect;
(ii) make, modify, enforce, cancel or accept surrender of any leases, evict tenants, adjust
Rents, maintain, decorate, refurbish, repair, clean, and make space ready for renting, and
otherwise do anything Beneficiary reasonably deems advisable in connection. with the Property;
(iii) apply the Rents so collected to the operation and management of the Property,
including the payment of, reasonable management, brokerage and attorneys' fees, or to the
Obligations; and
(iv) require Trustor to transfer and deliver possession of all security deposits and records
thereof to Beneficiary.
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2013 -00641
(b) Power of Sale. Beneficiary may require the Trustee, and the Trustee is hereby authorized and
empowered, to enter and take possession of the Premises and to sell all or part of the Property in
accordance with the Nebraska Trust Deeds Act, as the same may be hereafter amended or modified. The
Trustee may sell all or any portion of the Property, together or in lots or parcels, and may execute and
deliver to the purchaser or purchasers of such property a conveyance in fee simple. The Trustee shall
receive the proceeds, thereof and, subject to the requirements of the Nebraska Trust Deeds Act, shall
apply the same as follows: (a) first, the payment of the expenses of making, maintaining and executing
this trust, protection of the Property, including the expense of any litigation and reasonable attorneys' fees,
and reasonable compensation to the Trustee; (b) second, to any advancements made by the Trustee or
the Beneficiary pursuant hereto, with interest thereon; (c) third, to the payment of the Obligations herein
secured or intended so to be, in such order as Beneficiary shall elect, and any balance of said Obligations
may be the subject ofimmediate suit; (d) and, fourth, should there by any surplus, Trustee will pay it to the
Trustor, or to such person as may be legally entitled thereto. The sale or sales by Trustee of less than the
whole of the Property shall not exhaust the power of sale herein granted, and the Trustee is specifically
empowered to make successive sale or sales under such power until the whole of the Property shall be
sold; and if the proceeds of such sale or sales of less than the whole of the Premises shall be less than
the aggregate of the Obligations and the expenses thereof, this Deed of Trust and the lien, security
interest and assignment hereof shall remain in full force and effect as to the unsold portion of the Property;
provided, however, that Trustor shall never have any right to require the sale or sales of less than the
whole of the Property, but Beneficiary shall have the right at its sole election, to request the Trustee to sell
less than the whole of the Property. Beneficiary may bid and become the purchaser of all or any part of the
Property at any such sale, and the amount of Beneficiary s successful bid may be credited on the
Obligations.
(c) Judicial and Other Relief. Beneficiary or Trustee may proceed by a suit or suits in equity or at
law, whether for the specific performance of any covenant or agreement herein contained or in aid of the
execution of any power herein granted, or for any foreclosure hereunder or for the sale of the Property
under the judgment or decree of any court or courts of competent jurisdiction.
(d) Entry on Premises; Tenancy at Will.
(i)_ Beneficiary may enter into and upon and take possession of all or any part of the
Property, and may exclude Trustor, and all persons claiming under Trustor, and its agents or
servants, wholly or partly therefrom; and, holding the same, Beneficiary may use, administer,
manage, operate, and control the Property and may exercise all rights and powers of Trustor in
the name, place and stead of Trustor, or otherwise, as the Beneficiary shall deem best; and in the
exercise of any of the foregoing rights and powers Beneficiary shall not be liable to Trustor for any
loss or damage thereby sustained unless due solely to the willful misconduct or gross negligence
of Beneficiary.
(ii) In the event of a trustee's or other foreclosure sale hereunder and if at the time of such
sale Trustor or any other party (other than a tenant under a Lease as to which the Beneficiary
shall have expressly subordinated the lien of this Deed of Trust as hereinabove set out) occupies
the portion of the Property so sold or any part thereof, such occupant shall immediately become
the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day,
terminable at the will of such purchaser, at a reasonable rental per day based upon the value of
the portion of the Premises so occupied (but not less than any rental theretofore paid by such
tenant, computed on a daily basis). An action of forcible detainer shall lie if any such tenant holds
over a demand in writing for possession of such portion of the Premises.
(e) Receiver. Beneficiary may make application to a court of competent jurisdiction, as a matter of
strict right and without notice to Trustor or regard to the adequacy of the Property for the repayment of the
Obligations, for appointment of a receiver of the Property, and Trustor does hereby irrevocably consent to
such appointment. Any such receiver shall have all necessary and proper powers and duties of receivers
in similar cases, including the full power to rent, maintain and otherwise operate the Property upon such
terms as may be approved by the court.
Page 6
2013 -00641
(f) Remedies Cumulative, Concurrent and Nonexclusive. If the Obligations are now or
hereafter further secured by chattel mortgages, other deeds of trust, security agreements, pledges,
contracts of guaranty, assignments of leases, or other security, Beneficiary may, at its option, exhaust its
remedies under any one or more of said instruments and this Deed of Trust, either concurrently or
independently, and in such order as Beneficiary may determine. Beneficiary shall have all rights, remedies
and recourses granted in the Loan Documents and available to it at law or equity (including, without
limitation, those granted by the Uniform Commercial Code), and same (a) shall be cumulative, concurrent,
and nonexclusive, (b) may be pursued separately, successively or concurrently against Trustor or others
obligated for the Obligations, or any part thereof or against any one or more of them, or against the
Property, at the sole discretion of Beneficiary, and (c) may be exercised as often as occasion therefor
shall arise, it being agreed, by Trustor that the exercise of or failure to exercise any of same shall in no
event be construed as a waiver or release thereof or of any other right, remedy or recourse.
(g) Waiver by the Beneficiary. The Beneficiary may permit the Trustor to attempt to remedy any
default without waiving its rights and remedies hereunder, and the Beneficiary may waive any default
without waiving any other subsequent or prior default by the Trustor. Furthermore, delay on the part of the
Beneficiary in exercising any right, power or privilege hereunder or at law will not operate as a waiver
thereof, nor will any single or partial exercise of such right, power or privilege preclude other exercise
thereof or the exercise of any other right, power or privilege. No waiver or suspension will be deemed to
have occurred unless the Beneficiary has expressly agreed in writing specifying such waiver or
suspension.
(h) Attorneys' Fees and Other Costs. Attorneys' fees and other costs incurred in connection
with this Deed of Trust may be recovered by the Beneficiary and included in any sale made hereunder or
by judgment of foreclosure.
42 Request for Notice. Trustor hereby requests that, unless otherwise prescribed by law, a copy
of any notice of default and a copy of any notice of sale pursuant to the Nebraska Trust Deeds Act be
mailed to each Trustor at the Trustor mailing address set forth in this Deed of Trust.
ARTICLE V. TRUSTEE
5.1 Action by Trustee. The Trustee named herein shall be clothed with full power to act when
action hereunder shall be required. The term "Trustee" shall be construed to mean "Trustees" whenever
the sense requires. The necessity of the Trustee herein named, or any successor in trust, making oath or
giving bond, is expressly waived.
5.2 Employment. of Agents. The Trustee, or any one acting in its stead, shall have, in its
discretion, authority to employ all property agents and attorneys in the execution of this trust and /or in the
conducting of any sale made pursuant to the terms hereof, and to pay for such services rendered out of
the proceeds of the sale of the Property, should any be realized; and if no sale be made or if the proceeds
of sale be insufficient to pay the same, then Trustor hereby undertakes and agrees to the cost of such
services rendered to said Trustee. Trustee may rely on any document believed by it iri good faith to be
genuine. All money received by the Trustee shall, until used or applied as herein provided, be held in trust,
but need not be segregated (except to the extent required by law), and the Trustee shall not be liable for
interest thereon.
5.3 Indemnification of Trustee. If the Trustee shall be made a party to or shall intervene in any
action or proceeding affecting the Property or the title thereto, or the interest of the Trustee or Beneficiary
under this Deed of Trust, the Trustee and Beneficiary shall be reimbursed by Trustor, immediately and
without demand, for all reasonable costs, charges and attorneys' fees incurred by them or either of them
in any such case, and the same shall be secured hereby as a further charge and lien upon the Property.
5.4 Successor Trustee. Beneficiary may appoint a successor or replacement Trustee in
accordance with the provisions of the Nebraska Trust Deeds Act.
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2013 -00641
ARTICLE VI. MISCELLANEOUS
In addition to all other miscellaneous provisions under the Loan Documents which are expressly
incorporated as a part of this Deed of Trust, the following provisions will also apply:
6.1 Term of Deed of Trust. This Deed of Trust shall continue in full force and effect until this
Deed of Trust is released.
6.2 Time of the Essence. Time is of the essence with respect to payment of the Obligations, the
performance of all covenants of the Trustor and the payment of taxes, assessments, and similar charges
and insurance premiums.
6.3 Subrogation. The Beneficiary will be subrogated to the lien of any mortgage or other lien
discharged, in whole'or in part, by the proceeds of the Note or other advances by the Beneficiary, in which
event any sums otherwise advanced by the Beneficiary shall be immediately due and payable, with
interest at the default rate set forth in the Loan Documents from the date of advance by the Beneficiary to
the date of payment by the Trustor, and will be one of the Obligations secured by this Deed of Trust.
6.4 Choice of Law. This Deed of Trust will be governed by the laws of the state in which the
Property is located. For all other purposes, the choice of law specified in the Loan Documents will govern.
6.5 Severability. Invalidity or unenforceability of any provision of this Deed of Trust shall not affect
the validity or enforceability of any other provision.
6.6 Entire Agreement. This Deed of Trust is intended by the Trustor and the Beneficiary as a
final expression of this Deed of Trust and as a complete and exclusive statement of its terms, there being
no conditions to the full effectiveness of this Deed of Trust. No parol evidence of any nature shall be used
to supplement or modify any terms.
6.7 Joint Liability; Successors and Assigns. If there is more than one Trustor, the liability of the
Trustors will be joint and several, and the reference to "Trustor" shall be deemed to refer to each Trustor
and to all Trustors. The rights, options, powers and remedies granted in this Deed of Trust and the other
Loan Documents shall extend to the Beneficiary and to its successors and assigns, shall be binding upon
the Trustor and its successors and assigns, and shall be applicable hereto and to all renewals,
amendments and /or extensions hereof.
6.8 Indemnification. Except for harm arising from the Beneficiary's or the Trustee's willful
misconduct, the Trustor hereby indemnifies and agrees to defend and hold the Beneficiary and the
Trustee harmless from any and all losses, costs, damages, claims and expenses (including, without
limitation, attorneys' fees and expenses) of any kind suffered by or asserted against the Beneficiary or the
Trustee relating to claims by third parties arising out of the financing provided under the Loan Documents
or related to the Property (including, without limitation, the Beneficiary's failure to perform its obligations
relating to Environmental Matters described in Section 2.8 above) or the exercise by the Beneficiary or the
Trustee of any of their respective powers, rights and remedies under this Deed of Trust. This
indemnification and hold harmless provision will survive the termination of the Loan Documents and the
satisfaction of this Deed of Trust and Obligations due the Beneficiary.
6.9 Notices. Notice of any record shall be deemed delivered when the record has been (a)
deposited in the United States Mail, postage pre -paid, (b). received by overnight delivery service, (c)
received by telex, (d) received by telecopy, (e) received through the internet, or (f) when personally
delivered.
6.10 Release of Rights of Dower, Homestead and Distributive Share. Each of the
undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the
Property and waives all rights of exemption as to any of the Property.
Page 8
2013 -00641
6.11 Copy, The Trustor hereby acknowledges the receipt of a copy of this Deed of Trust, together
with a copy of each promissory note secured hereby, and all other documents executed by the Trustor in
connection herewith.
6.12 Usury Savings Clause. Notwithstanding anything herein or in the Note to the contrary, no
provision contained herein or in the Note which purports to obligate the Trustor to pay any amount of
interest or any fees, costs or expenses which are in excess of the maximum permitted by applicable law,
shall be effective to the extent that it calls for the payment of any interest or other sums in excess of such
maximum. All agreements between the Trustor and the Beneficiary, whether now existing or hereafter
arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of
demand for payment of or acceleration of the maturity of any of the indebtedness secured hereby or
otherwise, shall the interest contracted for, charged or received by the Beneficiary exceed the maximum
amount permissible under applicable law. If, from any circumstance whatsoever, interest would otherwise
be payable to the Beneficiary in excess of the maximum lawful amount, the interest payable to the
Beneficiary shall be reduced to the maximum amount permitted under applicable law; and if from any
circumstance the Beneficiary shall ever receive anything of value deemed interest by applicable law in
excess of the maximum lawful amount, an amount equal to any excessive interest shall at the
Beneficiary's option, be refunded to the Trustor or be applied to the reduction of the principal balance of
the indebtedness secured hereby and not to the payment of interest or, if such excessive interest exceeds
the unpaid balance of principal indebtedness secured hereby, such excess shall be refunded to the
Trustor. This paragraph shall control all agreements between the Trustor and the Beneficiary.
6.13 Riders. The rider(s) attached hereto and recorded together with this Deed of Trust are
hereby fully incorporated into this Deed of Trust. [Check applicable box(es)] ❑ Condominium Rider
❑ Second Deed of Trust Rider [] Construction Loan Rider ❑ Other(s) (Specify)
[SIGNATURE(S) AND NOTARIZATION ON NEXT PAGE]
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2013 -00641
IN WITNESS WHEREOF, the undersigned has /have executed this Deed of Trust effective as of February 8,
2013.
(Individual Trustor)
Printed Name NIA
(Individual Trustor)
Printed Name NIA
Trustor Address:
2106 Grant Street
Blair, NE 68008
J_aneos Holdings, LLC
Trustor Name (Organization)
a Nebras a limited liability oml2an
By , !
Name' nd Title Jane E Bouwman, Member
By
Name and Title _ ._
Beneficiary Addreyd:
400 City Center, *hkosh, 901
Page 10
2013 -00641
STATE OP— At,, �
-)SS.
COUNTY OF t'
This instrument was acknowledged before me on by Jane E Bouwman ,
(Date) (Name(s) of person(s))
Member '
Type of authority, if any, e.g., officer, trustee; if an individual, state "a married individual" or "a single individual')
of Janeos Holdings, LLC ,
(Name of entity on whose behalf the document was executed; use if individual)
a Nebraska limited liability company , on behalf of the
(State of Organization, Type of Organization)
(Type of
Seal)
R08ERTA L. BUSSELMAN
General Notary
State of Nebraska
MY Commission Expires Feb 27,
2 015
Page 11
Printed Name:
Notary Public, State of:
My commission expires:
2013 -00641
EXHIBIT A TO DEED OF TRUST
(Legal Description)
Grantor/rrustor: Janeos Holdings, LLC
Trustee: U.S. BANK N.A.
Beneficiary: U.S. BANK N.A.
Legal Description of Land:
Lot 4, Deerfield Addition to Blair, Washington County, Nebraska.
Property located at 1221 Deerfield Blvd, Blair, NE 68008
2013 -00641
ORDINANCE NO. 2235
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF LOT 4, DEERFIELD ADDITION, A
SUBDIVISION IN THE CITY OF BLAIR, NEBRASKA FOR THE SUM OF $177,000.00;
PROVIDING FOR NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE
CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE;
AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE
BUYER, LITTLE BLOSSOMS CHILDCARE, AND TO MAKE ALL NOTIFICATIONS
REQUIRED UNDER NEB. REV. STAT. §16-202, INCLUDING NOTIFICATION OF THE
RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT
SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE
AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE
PUBLISHED IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute and
deliver a Purchase Agreement by and between the City of Blair, Nebraska, and Little Blossoms
Childcare, whereby the City agrees to sell the real estate described hereinabove for the sum of
$177,000.00 and pursuant to the terms and provisions of the Purchase Agreement attached hereto
and marked Exhibit "A ".
SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska hereby
authorized and directed to make all notifications required under Neb. Rev. Stat. §16 -202, et.seq.,
including but not limited to notice of the sale and the terms thereof, and, after the required
remonstrance period has lapsed and City has not received a remonstrance against such sale
signed by registered voters of the City equal in number to Thirty Percent (30 %) of the registered
voters of the voters voting at the last regular municipal election held therein, then, the Mayor and
City Clerk are authorized to execute and deliver any and all documents, deeds or other
instruments necessary to effectuate such conveyance of real estate.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the
passage and publication hereof as required by law.
PASSED AND APPROVED THIS 27TH DAY OF NOVEMBER, 2012.
CITY OF BLAIR, NEBRASKA
BY
JA E . REALPH, MAYOR
ATTEST:
Am -L'
B NDA R. WHEELER, CITY LERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified, and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly
passed and approved at a regular meeting of the Mayor and City Council of said City held on the
27th day of November, 2012.
BRENDA R. WHEELER, CITY CLERK
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this _ day of t<? f` , 2014, by and between the
City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Janeos
Holdings, LLC dba Little Blossoms Childcare, hereinafter referred to as "Buyer ".
WITNESSETH:
Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all
encumbrances except easements and restrictions of record, the following described real estate, to -wit:
Lot 4, Deerfield Addition, City of Blair, Blair, Nebraska
said Buyer agrees to purchase said property on the following terms and conditions, to -wit:
The purchase price therefore is agreed to be the sum of One Hundred Seventy Seven
Thousand Dollars and No Cents, ($177,000.00), which shall be paid in cash at the time of closing.
Closing of the transaction shall be on a date agreed to between Seller and Buyer, but in no case shall
the closing be on a date less than 30 days from the date of the publication of the Ordinance
Authorizing the sale nor more than 60 days from date of said publication date.
Upon the signing of this agreement for the sale of this real estate, the buyer shall make a
down payment deposit of One Thousand Dollars and no cents ($1,000.00), which shall be non
refundable unless seller is unable to deliver marketable title, but shall be credited toward the
purchase price at the time of closing.
It is understood and agreed by and between the parties hereto that Buyer shall receive
possession of the premises upon closing.
The City of Blair hereby specifically reserves all easements over and across said right of way
for a storm sewer and any other utilities on said real estate as they exist on the date ofthis agreement
and as may have been contemplated in the platting of the Subdivision. The Buyer shall have the
right to move and reconstruct said storm sewer or other utilities to any location on said real estate
provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall
be responsible for any sidewalk or other assessments which may be made on or after the date of this
agreement and which are attributable to the real estate.
Seller shall be responsible for payment of any real estate taxes assessed against the premises
for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes
assessed against the premises including, but not limited to any assessments made for any tax year or
partial year after the date of this sale.
The Seller shall not have any obligation or liability to provide a survey of the premises.
In the event the Buyer requests, Seller shall provide to the Buyer a title insurance
commitment to said premises showing good and marketable fee simple title in it for conveyance to
said Buyer. The cost of such title insurance shall be split equally between the parties.
The Seller specifically makes no warranties or representations as to the condition of the
premises nor their usability as may be intended by the Buyer. The Buyer is purchasing the premises
"as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof
and is not relying upon any representations made with reference thereto by the Seller except those set
forth herein.
This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska
Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed
to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the
conveyance of the property by the City of Blair. In the event of such remonstrance, the purchase
price shall be returned to the Buyer. Under no other circumstance shall the Buyer be entitled to a
refund of the purchase price.
This agreement and purchase shall be further contingent upon the buyer being granted a
conditional use permit for the use of the property as a Day Care and /or Preschool per the Zoning
regulations for the City of Blair, Blair, Nebraska.
This Agreement executed the date first aforesaid shall be binding upon the assigns and
successors of all parties hereto.
CITY OF BLAIR, NEBRASKA
B R EN DA .
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
B
J M S E. LREALPH
On this _,27_ day of 0 9 W6"— , 2012, before me, the undersigned a Notary Public,
duly commissioned and qualified for in said county, personally came James E. Realph, Mayor ofthe
City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the
foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year last abpve wri tp.
PURCHASERS:
JANEOS HOLDINGS, LLC DBA LITTLE BLOSSOMS CHILDCARE
k
B
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
M
On this day of (-�i �e- m 6 (� , 2012, before me, the undersigned a Notary
Pu duly commissioned and qualified for in said county, personally came
,b A ygm an , to me known to be the identical person whose name is affixed to
the foregoing agreement and acknowledged the execution thereof to be his /her voluntary act and
deed.
WITNESS my hand and Notarial Seal the day and year last above written.
GENERA! NOTARY - State of Nebraska NOTARY PUBLIC
BRENDA R WHEELER
My Cow, Exp, June 20, 20 18
Duplicate Affidavits of this Publication have been filed in the office of
County Clerk ❑ Clerk of Dist. Court❑ County Clerk ❑ Sec. State ❑
STATE OF NEBRASKA
WASHINGTON COUNTY
Mark Rhoades Being by me first duly sworn, deposes and says that he is the Publisher of THE ENTERPRISE,
a legal weekly newspaper printed and published at Blair, in Washington County, Nebraska and of general
circulation in said County and State: that said newspaper has a bona fide circulation of more than 300 copies
weekly, in said County: and has been published in said County for more than 52 successive weeks prior to the
first publication of the attached notice, that the attached notice was published in said newspaper for 1
consecutive week(s) being the issues of.
November 23, 2012
n
General Manager Signature
Subscribed in my presence, and sworn to before me
This 23` day of November, 2012.
GENERAL NOTARY - State of Nebraska Notary
A TRACY A. PRETTYMAN
°° My Comm, Exp. Sept. 10, 2013
Printers Fee For Publishing This Notice $ 10.31
Preparation of Affidavit and Billing $
Notary Fees $
Copy $
25% discount for minutes $
TOTAL $ 10.31
LETTER OF AUTHORIZATION
The undersigned Seller(s) of the property legally described as:
Lot 4, Deerfield Addition to Blair, Washington County, Nebraska.
does/do hereby authorize and direct Missouri River Title to receive an d receipt for the proceeds of the
sale and to deliver the deed conveying the above described property to, the Buyer thereof. Seller(s)
instruct Missouri River Title to sign, and therefore acknowledge(s) that said Entity has the authority to
sign, any unrecorded documents on behalf of the undersigned in order to complete the closing of the
transaction..
1/WE also authorize our present lender(s) to provide Missouri River Title Company information
regarding the status of loan, including but not limited to, payoff information.
Dated this L: `, of February, 2013,
THE CITY OF BLAB, NEBRASKA,
A Nebraska Municipal Corporation
V — �C,
jjy E. Realph, Mayor
20130179
CITY OF BLAIR, NEBRAS
Phone 402 -426 -4191
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02 02Z 5258
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THANK YOU T IS COPY W YOUR RECORDS.
NO 3 2 8 4
RECEIVED BY
Pounds Printing, Blair, NE 68008
File: 20130179
Buyer: Janeos Holdings, LLC,
Seller: The City of Blair, Nebraska
Property Address: Blair, NE 68008
(603) Cash to seller - $176,453.50
US Bank Escrow Account
P. O. Box 1800 5 -12830
St. Paul, Minnesota 55101 -0800
Date
2/13/2013
Missouri River Title US Bank Escrow Account 5- 12830
ESCROW ACCOUNT P. O. Box 1800
11317 Davenport Street St. Paul, Minnesota 55101 -0800
Omaha, NE 68154 Date -
(402) 333 -1025 2/13/2013
PAY One Hundred Seventy Six Thousand Four Hundred Fifty Three and 50/100 Dollars $ * *$176,453.50
THE The City of Blair, Nebraska
ORDER R 218 South 16th Street
Blair, NE 68008 Void after 90 days h
(603) Cash to seller - $176,453.50
File: 20130179
Buyer: Janeos Holdings, LLC,
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Duplicate Affidavits of this Publication have been filed in the office of
County Clerk ❑ Clerk of Dist.Court ❑ County Clerk ❑ Sec. State ❑
AFFIDAVIT OF PRINTER
STATE OF NEBRASKA
WASHINGTON COUNTY
Chris Rhoades, Being by me first duly sworn, deposes and says that he is the Associate Publisher of THE
PILOT - TRIBUNE, a legal weekly newspaper printed and published at Blair, in Washington County, Nebraska
and of general circulation in said County and State: that said newspaper has a bona fide circulation of more than
300 copies weekly, in said County: and has been published in said County for more than 52 successive weeks
prior to the first publication of the attached notice, that the attached notice was published in said newspaper for
3 consecutive week(s) being the issues of:
December 4 2012
December 11 2012
December 18 2012
s
Associat ublisher Signature
Subscribed in my presence, and sworn to before me
This 18' day of December, 2012
L- 11 NERAL NOTARY - State of Nebraska Notary
TRACY A. PRETfYMAN
My Comm. Exp. Sept. 10, 2013
Printers Fee For Publishing This Notice $ 36.47
Preparation of Affidavit and Billing $
Notary Fees $
Copy $
25% discount for minutes $
TOTAL $ 36.47