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r— <br />TRUST DEED <br />THIS DEED ON TRUST, made and entered into this 12th <br />-, f -ao <br />89-- 100197 <br />day of January , 199 <br />by and between Randy R. Riesland and Beverly A. Ri MAA PAmd First American Title Insurance Co . Trustee~ <br />r Husbatnd and Wife as Joint Tenants <br />t and Security Pacific Financial Services of A!Miary. <br />WITNESSETH: That the Trustor doe by these presents grant. bargain and sell. convey and confirm with Power of Sale unto the <br />Thistee the following described Real Estate including all buildings. improvements, and fixtures of every kind now or hereafter erected or <br />placed on the real estate, situated in Hall County, in the State of Nebraska: <br />Lot 9 in Block 5 in Dale Roush 2nd Subdivision, Hall County, Nebraska. <br />and possession of said premises is now delivered unto said Trustee. <br />TO HAVE AND TO HOLD the same, with all rights, privileges. and appurtenances thereto belonging unto the Tmassee, his executors, <br />administrators, heirs, and assi_am forever. And the Trustof hereby expressly waives. releases,.and relinquishes unto the Trustee all right. <br />title. claim, interest benefit, anti esalke Gt-Mever, in and to the above - described pry -mises and each and every part thereof, which is given <br />by or results from all laws of tlte State of Nebraska pertaining to the exemption of b nbestead. And the Trustor covenants with the.Trustee <br />that he will foriyver warrant and defend The title to the same against the lawful clamors of all persons whomsoever. <br />IN TRUST HOWEVER.'for the following described purposes: To secure Hall. and prompt performance of all the terms and condi- <br />tions of that <br />Revolving )roan Agreement of even date herewith (including particularly, but not exclusively, prompt payment of all sums <br />ww01 afe Of eliay uCCUn,e payable fium time to time thereunder) and any extensions, renewals, modifications or tefinancings thereof, - <br />which Revolving Loan Agreement obligates Beneficiary, subject to the conditions stated therein, to advance to Trustor up to <br />S , plus finance and other charges. (or) <br />® Note of even date herewith, in the principal sum of U.S. S 5926.74 payable in monthly installments of principal <br />- and interest, with the balance of the indebtedness, if not sooner paid, due and payable on 1/18/94 , 19 <br />K <br />It is agreed by and between parties hereto that until filing of Notice of, Default. the,Trustor shall: (1) pay all present and future <br />taxes and assessments, generid. and special. against said. property before the same. beimmes delinquent or, mtionable; (2) keep all improve- <br />ments erected on the land i4s4red as may be required from time to time by becefxciary against loss by fire and'other:hazards, casualties <br />and contingencies, in such airtqunts and far, such periods as are reasonable and-ma be required b • beneficiary, <br />y q y ry, and to keep al! policies <br />' <br />v . <br />of such insurance in force of e&ct upon• the property herein described contstiia y assigned and delivetd to beneficiary; (3) pay and <br />comply with all the terms and .conditions of any lien, claim or indebtedtii , dirt may be senior to or take precedence over this Must <br />Deed as soon as any such payment, on•or of such lien, claim or indebtedness :shall become due; and upon failure of Trustor to keep <br />any said agreements, beneficiary may pay such tax, pay for such insurance or pay off such liens or claims or indebtedness as the case' <br />may be, and the money so expended, with interest at 9% per annum, shall be secured by this Trust Deed, and the Trustor agrees to repay <br />the same upon demand and upon failure to do so the balance of the attached'66rte shall become immediately due and at the <br />-;;�• <br />payable <br />option of the beneficiary; (4) spt cifically confer upon the Trustee the power of.sale as provided in Nebraska law: (5) retain pouession <br />' <br />of the premises and collect the rents and revenues therefrom. <br />.Upon payment of all the warns secured by this Trust Deed, the Beneficiary shall request the Trustee to reconvey the property-and <br />shall surrender this Trust heed. and all notes evidencing indebtedness secured ti this Trust Deed to the Trustor. Trustee shall neon ey <br />the property without warranty to the person or persons legally entitled thereto: but if default be made in the payment of said note or <br />any part thereof or any of the interest thereon when due or in the faithful performance of any- or either of said agreements as aforesaid, <br />then the whole of 'said note shall become due and be paid as hereinafter provided, and this deed shall remain in force: the Trustee or <br />his attorney may proceed to -sell-the property in its entirety or in parcels at the option of the Trustee hereinbefore described at public <br />auction, to the highest bidder, for cash. However, the power of sale herein conferred upon the Trustee shall not be exercised until (1) <br />the Trustee shall first file for record, in the office of the register of deeds of each county wherein the trust property or some part or <br />parcel thereof is situated, a notice of default, identifying the Trustee by stating the names of the Trustor and names therein and giving <br />the book and page where the same is recorded, a description of the trust property, and containing a statement that a breach of an obligation <br />for tit Mctt the trust property was conveyed as security has occurred, and setting-- ri6rth the nature of such breach and of his election to <br />sell �cr'c:ause to be sold such property to satisfy the obligation: and (2) after the lsii�w of not less than one month. the Trustee shall give 1 <br />notice of sale as provided by Nebraska law. After notice of default and lapse of nut less than one month. the Trustee shall give written <br />,,Aire of the time and place of sale particularly describing the property to be sold by publication of such notice, at least five times, <br />fltiirr, a week for five consecutive weeks, the last publication to be at least 10 days but not more than 30 days prior to the sale, in some <br />newspaper having a general circulation in each county in which the property to be sold. or sonic part thereof: is. situated. Upon such <br />sale, the Trustee shall execute and deliver a deed of conveyance of the property sold to the purchaser or purchasers thereof and any ri <br />statement or recital of fact in such deed in relation to the exercise of the power of sale and sale of the property described therein. including <br />recitals concerning any mailing. personal delivery and publication of the notice of default. any mailing and the publication and posting <br />of notice of sate. and the conduct of salt;: and such recital shall constitute prima facie evidence of such complt:utce and conclumve ev idence r/ - <br />thereof' in faviu of bona fide purchasers and encumbrancers for value and utthout notice. The "Inivee'% died hall operate to conve% <br />