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rn <br />z <br />0 N � n n • cn X 2 .. <br />w ar <br />DEED OF TRUST <br />vieturn to: Adams County Bank, 401 N Smith Ave, PO Box 149, Kenesaw NE 68956 <br />This Deed of Trust, hereinafter referred to as Security Instrument, is made on this 30 "' day of August, <br />2018. The Trustor, hereinafter referred to as Borrower, is Bernard G. Katzberg, a single person, whose address is <br />8935 N Roseland Ave, Prosser, Nebraska, 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 Eight Hundred - fifty Thousand Dollars and No /100 Dollars ($850,000.00). <br />This debt is evidenced by Borrower's note dated the same date as this Security Instrument, in the amount of <br />$200,000.00, and Adams County Bank note #6346131 dated February 9, 2018 in the amount of $350,000.00 <br />and Adams County Bank note #6046130 dated February 9, 2018 in the amount of $300,000.00 here in after <br />referred to as Notes, with the full debt, if not paid earlier, due and payable on February 15, 2023. This Security <br />Instrument secures to Lender: (a) the repayment of the debt evidenced by Note(s), together with interest thereon, <br />any further advances, and all extensions, modification, substitutions, and renewals thereof; (b) the payment of all <br />other sums, with interest, advanced under Section Nine hereof to protect the security of this Security Instrument; and <br />(c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this <br />purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with Power of Sale, the following described <br />real estate: <br />Tract 1: The Northwest Quarter (NW '4) of Section Twenty Seven (27), Township Nine (9) North, Range <br />Eleven (11) West of the 6 P.M., Hall County, Nebraska <br />AND <br />Tract 2: SEE ATTACHED "EXHIBIT A" <br />, which is located in Hall County, Nebraska. , having the address of rural Hall County, Nebraska, and is <br />hereinafter 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 Thousand Dollars and . no /100 Dollars ($00,000.00) with a company qualified in <br />the State of Nebraska by a policy containing a clause for loss payable to the Beneficiary and the Borrower as their <br />respective interests exist at the time of the loss and to provide evidence of payment of the premium of said policy <br />upon reasonable demand by the 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 />