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`�� 9�� sc�3s��. <br /> of Trustee,at public auction,to the highest bidder and for cash. Hovvever,the power of sale herein confened upon Trustee shall not be <br /> exercised until Trustee files for record,in the o�ce of the Register of Deeds of each county in which the Property is situated,a Notice <br /> of Default, identifying the Trustee, stating the names of the Trustor, giving the book and page where this Trust Deed is recorded, <br /> containing a description of the Property, stating that a breach of an obligation for which the Property was conveyed as security has <br /> occurred, and setting forth the nature of the breach and of Trustee's election to sell or cause to be sold that Properry to satisfy the <br /> obligation. After the lapse of not less than one month, Trustee shall give Notice of Sale, as provided by Nebraska law. <br /> After Notice of Default and lapse of not less than one month,Trustee shall give written notice of the time and place of sale,particularly <br /> describing the Property to be sold by publication of that Notice, at least five times, once a week for five consecutive weeks, the last <br /> publication to be at least 10 days but not more than 30 days prior to the sale,in a newspaper having a general circulation in each county <br /> in which the Property to be sold, is situated. Upon sale,Trustee shall execute and deliver a deed of conveyance of the sold Property to <br /> the purchaser or purchasers of the Property.Any statement or recital of fact in that deed,in relation to the exercise of the Power of Sale <br /> and sale of the sold Property,including recitals concerning any mailing,personal delivery and publication of the Notice of Default and <br /> any mailing, publication and posting of a notice of sale, and the conduct of sale, shall constitute prima facie evidence of compliance <br /> with Nebraska statues and conclusive evidence of such compliance in favor of bona fide purchasers and encumbrancers for value and <br /> without notice. The Trustee's Deed shall operate to convey to the purchaser, without right of redemption, Trustee's title and all right, <br /> title,interest and claim of Trustor,his successors in interest and of all persons claiming by or through or under them,in and to the sold <br /> Property including all such right, title, interest and claim in and to that sold Property acquired by Trustor or his successors in interest <br /> subsequent to the execution of Trustee. Trustee shall apply the proceeds of sale, first,to the cost and expenses of exercising the power <br /> of sale, as well as the cost of sale, including payment of Trustee's fees actually incurred; and second, to payment of the principal <br /> balance of the Account plus interest, and the balance, if any, to the person or persons legally entided thereto. <br /> Trustors will pay and lceep current the monthly instalments on any prior mortgage or trust deed and to prevent any default thereunder. <br /> Trustors further agree that should any default be made in the payment of any instalment of principal or any interest on the prior <br /> mortgage or uust deed,or should any suit be commenced or other action taken to foreclose the prior mortgage or trust deed, then the <br /> amount secured by this Trust Deed shall become and be due and payable in full at any time thereafter,at the option of Beneficiary and <br /> in accordance with the Agreement.Beneficiary,at its option,may pay the scheduled monthly instalments on the prior mortgage or trust <br /> deed and, to the extent of the amount so paid, become subrogated to the rights of beneficiary identified in the prior mortgage or trust <br /> deed.All payments made by Beneficiary on the loan secured by the prior mortgage or trust deed shall bear interest at the Daily Periodic <br /> Rate being charged under the Agreement until paid in full. <br /> If Trustor voluntarily shall sell or convey the Property, in whole or in part, or any interest in that Property or by some act or means <br /> divest themselves of title to the Properry without obtaining the written consent of Beneficiary, then Beneficiary, at its option, may <br /> declare the entire balance of the loan plus interest on the balance immediately due and payable.This option shall not apply if(1)the sale <br /> of the Property is pernutted because the purchaser's creditworthiness is satisfacwry to the Beneficiary and(2)that purchaser, prior to <br /> the sale, has executed a written assumption agreement containing terms prescribed by the Beneficiary including, if required, an <br /> increase in rate of interest payable under the Agreement. <br /> And Trustee covenants faithfully to perform the Trust herein created. <br /> BENEFICIARY, from time to time, may substitute a successor or successors to any Trustee named herein or acting hereunder to <br /> execute powers created under this Trust Deed. Upon appointment and without conveyance to the successor Trustee, successor Trustee <br /> shall be vested with all tide,powers,and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment <br /> and substitution shall be made by written instrument and executed by Beneficiary,containing reference to this Trust Deed and its place <br /> of record,which,when recorded in the office of the Register of Deeds of the county or counties in which the Property is situated,shall <br /> be conclusive proof of proper appointment and the successor Trustee. The foregoing power of substitution and the procedure therefor <br /> shall not be exclusive of the power and procedure provided for by law for the substitution of a Trustee or Trustees in the place of the <br /> Trustee or Trustees named herein. <br /> The waiver by Trustee or Beneficiary of any default of Trustor under this Trust Deed shall not be or be deemed to be a waiver of any <br /> other or similaz defaults subsequendy occumng. <br /> This Trust Deed shall inure to and bind the heirs, legatees, devices, administrators, executors, successors and assigns of the parties <br /> hereto. <br /> The Trust Deed shall be construed according to the laws of the State of Nebraska. <br /> Trustor requests that a copy of any Notice of Default and of any notice of sale hereunder be mailed to Trustor by certified mail at the <br /> address, as follows: <br /> Evidence of such mailing shall constitute evidence of receipt of that Notice. <br /> Whenever the context so requires, singular words shall be construed in the plural and vice versa, and the masculine gender shall be <br /> construed to include the feminine and vice versa. <br /> IN WITNES EREOF, Trust i ed ' Deed of Trust on the day and above ritten. <br /> wtness <br /> Tmstor thy all <br /> W1tI1CSS � <br /> 'rr�scor Mary . Hall <br /> STATE OF NEBRASKA ) <br /> ) ss.: ACKNOWLEDGMENT <br /> COUNTY OF Hall � <br /> Before me, a Notary Public, qualified by said county, personally came TimothY L. Hall and <br /> MarY L. Hall, husband and wife , known to me to be the identical person(s) who signed the foregoing <br /> instrument and aclrnowledged the execution thereof to be his,her or their voluntary act and deed.Witness my hand and Notarial Seal on <br /> April 23 , 19 98 . <br /> Notary Public of the State of N ra <br /> l��Al NOq�#b�f ri■�I■ <br />