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VI � <br />4 <br />lip, <br />c� <br />M <br />M <br />C <br />n z <br />= v CA <br />n <br />rn <br />n <br />Q <br />a <br />CA <br />DEED OF TRUST <br />This Deed of Trust, hereinafter referred to as Security Instrument, is made on this 18th day of July, 2005 . The <br />Trustor. hereinafter referred to as Borrower, is Timothy L. Hoffman and Pamela K. Hoffman, Husband and Wife, <br />whose address is Prosser, Nebraska. 15,50 <br />The Trustee, hereinafter referred to as Trustee is Adams County Bank. The Beneficiary, hereinafter referred to as---- <br />Lender, is Adams County Bank, which is organized and existing under the laws of the State of Nebraska, and whose <br />address is Kenesaw, County of Adams, State of Nebraska. Borrower owes Lender the principal sum of Seventy Two <br />Thousand and No/ 100--------------- - - - - -- Dollars ($72,000.00). This debt is evidenced by Borrower's note dated the same <br />date as this Security Instrument, hereinafter referred to as Note, with the full debt, if not paid earlier, due and payable on <br />January 1, 2025. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by Note(s), <br />together with interest thereon, any further advances, and all extensions, modification, substitutions, and renewals thereof; <br />(b) the payment of all other sums, with interest, advanced under Section Nine hereof to protect the security of this <br />Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and <br />the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with Power of Sale, the <br />following described real estate: <br />All of our interest in Lots Three (3), and Four (4) and the East Half of the Southwest Quarter (E 1/2 SW '/4) of <br />Section Thirty One (31), Township Nine (9) North, Range Eleven (11) West of the 6ch P.M., Hall County, Nebraska <br />, which is located in Hall County, Nebraska, having the address of Prosser, Nebraska,and is hereinafter referred to as <br />"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 Instrument. All <br />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 grant and <br />convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and <br />will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br />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 the <br />Promissory Note(s). <br />3. TAXES. That the Borrower shall pay all general real estate taxes and special assessments levied hereinafter <br />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 the <br />term "Extended Coverage" and any other hazards for which the Lender requires insurance in an amount not less than <br />and no /100-------- - - - - -- Dollars ($ ,000.00) with a company qualified in the State of Nebraska by a policy containing a <br />clause for loss payable to the Beneficiary and the Borrower as their respective interests exist at the time of the loss and to <br />provide evidence of payment of the premium of said policy upon reasonable demand by the beneficiary. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or <br />repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened, <br />or the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />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 due. <br />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 extend <br />or postpone the due date of the payments referred to in Section 2 hereof, or change the amount of the payments. If the <br />property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the <br />Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument <br />immediately prior to the acquisition. <br />5, WASTE. That the Borrower shall not commit or suffer any waste of the property. <br />Removal of Improvements. Borrower shall not demolish or remove any improvements from the real property <br />without Lendr's prior written consent. As a condition to the removal of any improvements, Lender may require Borrower <br />to make arrangements satisfactory to Lender to replace such improvements with improvements of at least equal value. <br />:..? <br />M <br />Z <br />ca --+ <br />ca <br />_ <br />F" <br />C= <br />M <br />C7 <br />-1 <br />CD <br />rYt <br />r-- <br />rV <br />� <br />rV <br />Cn <br />0 <br />This Deed of Trust, hereinafter referred to as Security Instrument, is made on this 18th day of July, 2005 . The <br />Trustor. hereinafter referred to as Borrower, is Timothy L. Hoffman and Pamela K. Hoffman, Husband and Wife, <br />whose address is Prosser, Nebraska. 15,50 <br />The Trustee, hereinafter referred to as Trustee is Adams County Bank. The Beneficiary, hereinafter referred to as---- <br />Lender, is Adams County Bank, which is organized and existing under the laws of the State of Nebraska, and whose <br />address is Kenesaw, County of Adams, State of Nebraska. Borrower owes Lender the principal sum of Seventy Two <br />Thousand and No/ 100--------------- - - - - -- Dollars ($72,000.00). This debt is evidenced by Borrower's note dated the same <br />date as this Security Instrument, hereinafter referred to as Note, with the full debt, if not paid earlier, due and payable on <br />January 1, 2025. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by Note(s), <br />together with interest thereon, any further advances, and all extensions, modification, substitutions, and renewals thereof; <br />(b) the payment of all other sums, with interest, advanced under Section Nine hereof to protect the security of this <br />Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and <br />the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with Power of Sale, the <br />following described real estate: <br />All of our interest in Lots Three (3), and Four (4) and the East Half of the Southwest Quarter (E 1/2 SW '/4) of <br />Section Thirty One (31), Township Nine (9) North, Range Eleven (11) West of the 6ch P.M., Hall County, Nebraska <br />, which is located in Hall County, Nebraska, having the address of Prosser, Nebraska,and is hereinafter referred to as <br />"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 Instrument. All <br />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 grant and <br />convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and <br />will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br />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 the <br />Promissory Note(s). <br />3. TAXES. That the Borrower shall pay all general real estate taxes and special assessments levied hereinafter <br />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 the <br />term "Extended Coverage" and any other hazards for which the Lender requires insurance in an amount not less than <br />and no /100-------- - - - - -- Dollars ($ ,000.00) with a company qualified in the State of Nebraska by a policy containing a <br />clause for loss payable to the Beneficiary and the Borrower as their respective interests exist at the time of the loss and to <br />provide evidence of payment of the premium of said policy upon reasonable demand by the beneficiary. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or <br />repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened, <br />or the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />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 due. <br />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 extend <br />or postpone the due date of the payments referred to in Section 2 hereof, or change the amount of the payments. If the <br />property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the <br />Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument <br />immediately prior to the acquisition. <br />5, WASTE. That the Borrower shall not commit or suffer any waste of the property. <br />Removal of Improvements. Borrower shall not demolish or remove any improvements from the real property <br />without Lendr's prior written consent. As a condition to the removal of any improvements, Lender may require Borrower <br />to make arrangements satisfactory to Lender to replace such improvements with improvements of at least equal value. <br />