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<br />TRUST DEED
<br />THIS DEED OF TRUST, made and entered into this 3rd
<br />Ir 100598
<br />day. of February , 19 SS
<br />by and between Albert Benaivdz and Dianne Benaivdtrrustor, and First American Title Insurance Co , Tratste ©.
<br />Husband and Wife as Joint Tenants
<br />and Security Pacific Financial Services , Beneficiary;
<br />of Iowa Inc
<br />WITNESSETH: That the Trustor does by these presents grant, bargain and sell, convey and confirm with Power of Sale ratio the
<br />Trustee 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 42, Block 1, Dale Roush Second subdivision, Hall
<br />County, Nebraska.
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<br />and possession of-said premises is now delivered unto said Trustees
<br />TO HAVE AND TO.HOLD the same, with all rights, privileges, and appurtenances thereto belonging unto the Trustee, his executors,
<br />administrators, heirs, and assigns forever. And the Trustor hereby expressly, waives. releases. and relinquishes unto the Trustee all right,
<br />title, claim, interest..benetit, and estate whatever, in and to the above- described premises and each and every part therreof, which is given
<br />by or results from all laws of the State of Nebraska pertaining to the exemption of homestead. And the Trustor covenant s.with tire. Trustee
<br />that he will forever warrant and defend the title to the same against the lawful claims of all persons whomsoever.
<br />IN TRUST HOWEVER,'for.the following described purposes: To secure full and prompt performance of all tNe terms and condi-
<br />_
<br />tions of that
<br />❑ Revolving Loan'Agreement of even date herewith (including particularly, but not exclusively, prompt i. pay ment of al }; ,�'
<br />which are pr may become payable from time to time thereunder) and any extensions, renewals, modifications 6c. mfinanciri heiW,
<br />which Resolving Loan Agreement obligates Beneficiary, subject to the conditions stated therein, to advo pct ' :to Trustor up to
<br />S , plus finance and other charges. (or)
<br />i Note of even date herewith, in the principal sum of U.S. S I go 14 no payable in monthly installments of principal
<br />..arid interest, with the balance of the indebtedness. if not sooner paid, due and payable on 2.48.495 . 19
<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, general and special. against said property before the saute becomes delinquent or actionable; (2) keep all improve-
<br />ments erected on the land insured as may be required from time to time by beneficiary against loss by fire and.other hazards, casualties
<br />and contingencies, in such amounts and for such periods as are reasonable and may be required by beneficiary, and to keep all policies
<br />of such insurance in force or effect upon the property herein described constantly assigned and delivered to-beneficiary; (3).pay and
<br />r:
<br />comply with all the terms and conditions of any lien, claim or indebtedness that may be senior to or take precedence over
<br />.this:•Trtist
<br />Deed as soon as any such payment on or of such lien, claim or .indebtedness shall become due; and upon. failure of Trustoe,w'keep
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<br />any said agreements, beneficiary may pay such tax, pay for sucilt insurance or pay off such liens or claims or, indebtedness as .the case
<br />maybe. and the money so expended, with- interest at 9% per annurrL. shall be secured by this Trust Deed, and,the Trustor. agrees to repay
<br />there upon demand, and upon failure to do so the balance of the attached note shall become immediately due and payi Kd at the
<br />opt do of the beneficiary; (4) specifically confer upon the Trustee the power of sale as provided in Nebraska law; (5) ruin possession
<br />of the premises and collect the rents and revenues therefrom.
<br />Upon payment of all the sums secured by this Trust Deed, the Beneficiary shall request the Trustee to reconvey the property and
<br />shall surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to the Trustor. Trustee shall reconvey
<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 f
<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 which the trust property was conveyed as security has occurred, and setting forth the nature of such breach and of his election to
<br />sell or cause to be sold such property to satisfy the obligation: and (2) after the lapse of not less than one month, the Trustee shall give
<br />notice of sale as provided by Nebraska taw. After notice of default and lapse of not less than onv month. the Trustee shall give written
<br />L notice of the time and place of sale particularly describing the property to be sold by publication of such notice, at least five times,
<br />once 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 some 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
<br />statement or recital of fact in such deed in relation to the exercise of the power of sale and safe 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 T_
<br />of notice of sale, and the conduct of sale. and such recital shall constitute prima facie evidence of-such compliance and conclu,,ive evidence
<br />thereof in favor of bona fide purchasers and encumbrancer for value and without notice. Tlie 'Tru,.tee'% decd shall operate to convey
<br />29110.0287 NE ORIGINAL.
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