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Return to: (dams County Bank, 401 N Smith Ave, PO Box 149, Kenesaw NE 68956 <br />DEED OF TRUST <br />This Deed of Trust, hereinafter referred to as Security Instrument, is made on this 25th day of May, 2017. <br />The Trustor, hereinafter referred to as Borrower, Jerome A. Katzberg and Susan K. Katzberg, husband and <br />wife, whose address is 9090 N. Roseland Ave., Prosser, NE 68883 and Bernard G. Katzberg, a single person, <br />whose address is 8935 N. Roseland Ave., Prosser, NE 68883. <br />The Trustee, hereinafter referred to as Trustee is Adams County Bank. The Beneficiary, hereinafter <br />referred to as Lender, is Adams County Bank, which is organized and existing under the laws of the State of <br />Nebraska, and whose address is Kenesaw, County of Adams, State of Nebraska. Borrower owes Lender the <br />principal sum of Four Hundred Thousand Dollars and No /100 Dollars ($400,000.00). This debt <br />is evidenced by Borrower's notes dated the same date as this Security Instrument, hereinafter referred to as Notes, <br />with the full debt, if not paid earlier, due and payable on June 1, 2022 and February 7, 2022, respectively. This <br />Security Instrument secures to Lender: (a) the repayment of the debt evidenced by Note(s), together with interest <br />thereon, any further advances, and all extensions, modification, substitutions, and renewals thereof; (b) the payment <br />of all other sums, with interest, advanced under Section Nine hereof to protect the security of this Security <br />Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the <br />Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with Power of Sale, the <br />following described real estate: <br />Tract 1: The Southeast Quarter (SE 'h) of Section 22, Township 9 North, Range 11 West of the 6 P.M., Hall <br />County, Nebraska <br />AND <br />Tract 2: The Northwest Quarter (NW 'A) of Section 27, Township 9 North, Range 11 West of the 6th P.M., <br />Hall County, Nebraska, <br />which is located in Hall County, Nebraska, having the address of Hall County, Nebraska, and is hereinafter <br />referred to as "Property Address." <br />Together with all the improvements now or hereafter erected on the property and all easements, rights, <br />appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or <br />hereafter a part of the said property. All replacements and additions shall also be covered by this Security <br />Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". <br />Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to <br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower <br />warrants and will defend generally the title to the Property against all claims and demands, subject to any <br />encumbrances of record. Borrower and Lender covenant and agree as follows: <br />1. TRUST DEEDS ACT. That this Trust Deed shall be governed by the terms of Section 76 -1001, and <br />following, of the Revised Statutes of the State of Nebraska, also known as the Nebraska Trust Deeds Act. <br />2. PAYMENT. That the Borrower shall pay to the Beneficiary the principal and interest under the terms of <br />the Promissory Note(s). <br />3. TAXES. That the Borrower shall pay all general real estate taxes and special assessments levied <br />hereinafter against the property when the same become due and before the same become delinquent. <br />4. INSURANCE. That the Borrower shall insure the property against loss by fire, hazards, included within <br />the term "Extended Coverage" and any other hazards for which the Lender requires insurance in an amount not less <br />than Dollars and no /100 Dollars (0.00) with a company qualified in the State of Nebraska by a policy <br />containing a clause for loss payable to the Beneficiary and the Borrower as their respective interests exist at the time <br />of the loss and to provide evidence of payment of the premium of said policy upon reasonable demand by the <br />beneficiary. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration <br />or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not <br />lessened, or the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not <br />then due, with any excess paid to Borrower. <br />If Borrower abandons the Property, or does not answer within thirty (30) days a notice from Lender that the <br />insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the <br />proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then <br />due. The thirty (30) day period will begin when the notice is given. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not <br />extend or postpone the due date of the payments referred to in Section 2 hereof, or change the amount of the <br />