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'-"' '--" ~ <br /> --..J (I) I--" <br /> C/) <br /> /5, 5 (J <br /> <br />This Deed of Trust, hereinafter referred to as Security Instrument, is made on this 7th day of December, 2006. <br />The Trustor, hereinafter referred to as Borrower, is Curtis D. Zavodny and Susanne R. Zavodny, Husband and Wife, <br />whose address is Grand Island, Nebraska. <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 Eighty Thousand <br />and No/IOO---------------------Dollars ($80,000.00). This debt is evidenced by Borrower's note dated the same date as this <br />Security Instrument, hereinafter referred to as Note, with the full debt, if not paid earlier, due and payablc on December <br />11,2011. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by Note(s), together with <br />interest thereon, any further advances, and all extensions, modification, substitutions, and renewals thereof; (b) the <br />payment 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 Note. <br />For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with Power of Sale, the following <br />described real estate: <br /> <br />Lot Twenty-one (21), Westwood Park Subdivision to the City of Grand Island, Hall County, Nebraska, according <br />to the recorded plat thereof. <br /> <br />, which is located in Hall County, Nebraska, having the address of Grand Island, Nebraska,and is hereinafter referred <br />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 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 />I. TRUST DEEDS ACT. That this Trust Deed shall be governed by the terms of Section 76-100 I, and <br />following, of the Revised Statutes ofthe 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 />Eighty Thousand and no/IOO--------------Dollars ($80,000.00) with a company qualified in the State of Nebraska by a <br />policy containing a clause for loss payable to the Beneficiary and the Borrower as their respective interests exist at the <br />time 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 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 ofthe property. <br />Removal of Impfdvements. 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 />