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<br />~. <br />~ <br />\.J'\ <br />~ <br />I <br />~ <br />-{::- <br />-..t\ /S'50 <br />This Deed of Trust, hereinafter referred to as Security Instrument, is made on this 29th day of September, 2006. <br />The Trustor, hereinafter referred to as Borrower, is Richard J. Curry and Melanie J. Curry, Husband and Wife, <br />whose address is Hastings, Nebraska, 68901. <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 One Hundred <br />Seventy Five Thousand and No/100---------------------Dollars ($175,000.00). This debt is evidenced by Borrower's note <br />dated the same date as this Security Instrument, hereinafter referred to as Note, with the full debt, if not paid earlier, due <br />and payable on December 1,2006. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced <br />by Note(s), together with interest thereon, any further advances, and a1l extensions, modification, substitutions, and <br />renewals thereof; (b) the payment of all other sums, with interest, advanced under Section Nine hereof to protect the <br />security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security <br />Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with Power of <br />Sale, the following described real estate: <br />The North Half of the Southwest Quarter (N Y2 SW y..) of Section Thirty-Three (33), Township Nine (9) North, <br />Range Ten (10) West of the 6th P.M., Hall County, Nebraska <br />, which is located in Hall County, Nebraska, having the address of Doniphan, Nebraska, 68827,and is hereinafter <br />referred to as "Property Address." <br />Together with all the improvements now or hereafter erected on the property and a1l 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 />ofthe 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 sha1l 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 shal1 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.Q.ae <br />~9~ I1udth ed S",nnt, F;~e Tll6tl~and Rnd Do/lOg ------------Dollars (S17!i,QQQ.QQ)- with a company qualified in the State <br />(lJ~ of Nebraska by a policy containing a clause for loss payable to the Beneficiary and the Borrower as their respective <br />_~ interests exist at the time of the loss and to provide evidence of payment of the premium of said policy upon reasonable <br />('Iv demand by the beneficiary. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shaH 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 c01lect 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 shaH 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 shaH 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 sha1l 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 />Borrower will maintain the farm during the time this Deed of Trust remains in effect, in as good as condition and <br />repair as was when this instrument was executed, or is later improved. AdditionaHy, Borrower shall operate and maintain <br /> <br />N <br />S <br />S <br />0'> <br />S <br />co <br />CD <br />N <br />.j:::.. <br /> <br /> <br />~ <br />~.~~ <br />~~~ <br />~.........~ <br />~~~ <br />f't\ ~ ~ <br />~ <br /> <br /> '" Q~ <br /> m <br /> .." <br /> c:: ~% <br />nn Z ="i <br />c <br />~> !-!' <br />0(,1) <br />",:.t: <br /> 0 <br /> <br />-u <br />:::3 <br /> <br />::: ITi <br />)> CV <br />.. :xl <br />r J> <br />en <br />;><; <br />)> <br />-- <br /> <br />CD <br />N <br />-l: <br /> <br />'-":' <br />>L~-'~ <br />c~ <br />cr.. <br /> <br />o II <br /> <br />C)it <br /> <br />i <br />~ <br />~ <br /> <br />J: <br /> <br />C) en <br />o ......j <br />c:::x> <br />z~ <br />-<I m <br />-<0 <br />0;' <br />-'r] z <br /> <br />en <br />C) <br />0) <br /> <br />C) <br /> <br />~~ <br />n-J ~l- <br />C') . ;:.~ <br />'':::> "\'...: <br />..., , <br />'=' (.~. <br />Pl ~"~ <br />/'"'n <br />CJ ~ <br />(t) ~. <br /> <br />C:-- <br /> <br />= <br />~ <br />-1 <br /> <br />f'\.) <br /> <br />w <br /> <br />a <br />a <br /> <br />(j) <br />C/') <br /> <br />DEED OF TRUST <br />