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�� <br />� <br />� <br />N - <br />0 � <br />e <br />c�n '�� <br />� � <br />���� <br />i <br />��� <br />��� <br />�� <br />� <br />� <br />� <br />s� <br />s <br />� <br />� s <br />� <br />� <br />�� <br />� <br />-� <br />� <br />d <br />� <br />� <br />� <br />� <br />c <br />5 <br />� <br />� <br />� <br />�r <br />� <br />� �!' <br />� <br />� <br />e� �► <br />�� <br />c <br />t <br />DEED OF TRUST <br />� <br />� <br />.-_.. <br />.__. <br />� <br />z <br />N <br />s <br />� <br />1-- <br />O <br />F-► <br />O <br />�� <br />o --�t <br />�n <br />�� <br />-� � <br />' � o <br />o -*� <br />-'' z <br />x rs <br />� m <br />i` �L7 <br />r D <br />� <br />� <br />..... � <br />cr� <br />� <br />2 <br />� <br />� <br />a <br />� <br />.n <br />�. <br />� <br />a� <br />�:hl' <br />,nl <br />'� <br />O <br />� <br />0 <br />t--+ <br />� <br />O <br />O <br />C17 <br />CI7 <br />oa <br />rn <br />� <br />i� <br />v <br />� <br />Z <br />� <br />C <br />� <br />� <br />� <br />This Deed of Trust, hereinafter referred to as Security Instrument, is made on this 12th day of January, 2011. <br />The Trustor, hereinafter referred to as Borrower, is Bernard G. Katzberg, A Single Person, whose address is <br />8938 N Roseland Ave, Prosser NE 68883. <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 <br />One Hundred Twenty Two Thousand Four Hundred Twenty Four pollars and 70/100---------------------Dollars <br />($122,424.70). This debt is evidenced by Borrower's note dated the same date as this Security Instrument, hereinafter <br />referred to as Note, with the full debt, if not paid earlier, due and payable on November 1, 2015. This Security <br />Instrument secures to Lender: (a) the repayment of the debt evidenced by Note(s), together with interest thereon, any <br />further advances, and all extensions, modification, substitutions, and renewals thereof; (b) the payment of all other sums, <br />with interest, advanced under Section Nine hereof to protect the security of this Security Instrument; and (c) the <br />performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, <br />Borrower irrevocably grants and conveys to Trustee, in trust, with Power of Sale, the following described real estate: <br />See "Exhibit A". <br />Zd <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 properly and all easements, rights, <br />appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all �xtures 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 Properly and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and <br />will defend generally the title to the Properiy 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 delinyuent. <br />4. INSURANCE. That the Borrower shall insure the property against loss by fire, hazards, included within the <br />term `Bxtended Coverage" and any other hazards for which the Lender requires insurance in an amount not less than <br />N/A Thousand Dollars and no/100--------------Dollars ($00,000.00) with a company qualified in the State of <br />Nebraska by a policy containing a clause for loss payable to the Beneficiary and the Borrower as their respective interests <br />exist at the time of the loss and to provide evidence of payment of the premium of said policy upon reasonable demand by <br />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 Bonower. <br />If Borrower abandons the Property, or does not answer within thirly (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 restare the Property or to pay sums secured by this Security Instrument, whether or not then due. <br />The thiriy (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 />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. Additionally, Borrower shall operate and maintain <br />