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` a <br />'r <br />e <br />L_ <br />TRUST DEED <br />8g~' 101430 <br />THIS DEED OF TR€JSsT', made and entered into this 20th day of March ,1989 <br />by and between Willis A. Lemburg and Wilma L. ,_Lembip�gbr. and Insured Titles inc. , Trustee. <br />Husband and Wife as Joint: Tenants <br />and security Pacific Financial Services of IaBeneficiary; <br />Inc. <br />WITNESSETK That the Trustor dues by these presents grant, bargain and sell. convey and confirm with Power of Sale unto 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, situatnd. in gall County. in the State of Nebraska: <br />Lot 6 and.-tbA South 28 Feet of Lot 5, Block 2, 3rd Addition to the Town <br />of Cairo, Hall County, Nebraska <br />and: possession i;f mid premises is now delivered unto. said Trustees <br />TO HAVE AND TO HOLD-the same, with all rights, privileig s, and appurtenances thereto belonging unto the Trustee, his eiecutors. <br />a,ististrators, heirs, and assr"grs forever. And the Trustor hereby expressly vcaiias. releases. and relinquishes unto the Truster all right; <br />title, claim, interest, benefit,_ ; i instate whatever, in and to the abeit - described tremises and each and every part thereof, which is git2n <br />6y or results fram a3! laws of the State et No'hraska pertaining to Ite.exemption of homest�i&-And the Trustor covenants with the Trustee <br />that he' will fore: wana*tt and defend &z title to the same again t the lawful claims of a11. pkrritns whomsoever. c' <br />IN TRUST HOWEV1R. for the following described purposes: To secure full and prompt perwrmance of all the terms and condi- <br />tions of that ' <br />❑ Revolving Loan Agreement of even date herewith (including particularly, but not exclusively. prompt. payment of all sums <br />which are or may become payable from time to time thereunder) and any extensions, renewals, madiftcations or refinancings thereof. _ <br />which Revolving Loan Agreement obligates Beneficiary, subject to the conditions stated therein, to advance to Trustor up to <br />$ . plus finance and other charges. (or) <br />© Note of even date herewith, in the principal sum of U.S. 57486.55 payabie in monthly irwLlments of principal ' <br />and interest, with the balance of the indebtedness, if not sooner paid, due and payable on ".42 r,a , 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 same 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 amc.:itnts and for such periods as are reasonable and may be required by beneficiary. and to keep ;11 policies <br />of such insurance in force far effect upon the property herein described constantly assigned and delivered to beneficiary: (.4 pay and Ar <br />comply with all the term,.,; and conditions of any lien, claim or indebtedness that may be senior to or take precedence over this Trust <br />Deed as soon as as+ - _udi payment on or of such lien, claim or indebtedness shall become due: and upon failure of Trustor to keep <br />any said agreements. tiniefidary 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 moms.,., 4o eNgwnded, with interest at 9'ff, per annum, shall be secured by this Trust Dent, and the Trustor agrees to repay <br />the same upon den;>Ar ..d. ,ti:ci upon failure to do so the balance of the attached note shall become immediately due and payable at the <br />option of the benelici.iz^.: 41 specifically confer upon the Trustee N,. power of sale as provided in Nebraska law. (5) retain possession <br />of the premises and toll cf tbu rents and revenues therefrom. <br />Upon payment of all the sums secured by this Trust Deed, the Beneficiary shall request tit&T ustee to reconvey the property and <br />shall surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Deed io the Trustor. -trustee shall reconvey . <br />the property without warranty to the person or persons legally entitled thereto: but if default be n?ade in the pdyment of said note or <br />any part thereof or any of the interest thereon when due or in Me !aithful performance of any or either of said agreements as aforesaid. <br />then the whole of said note shall become due and be paid as.lr°minafter provided, and this deed <_ iaf. remain in force. the Trustee or <br />his attorney mike proceed to sell the property in its entirety or tit 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 (I') <br />= -- <br />the Trustee shatl 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 />fUr' Which the tJiiSt pfopefty Was conveyed as security Itas occurred, and setting forth the iialure of such biedclt 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 b, Nebraska law. After notice of default and lapse of not less than one ntoath. the Trustee shall give written <br />L notice of the time and piace of sale particularly dajcribing the property to be sold by publication of such notice. at least five times. <br />once a week for five consecutive weeks. the last pubiication to be at least 10 days but not inure than 30 bays prior to the sale. ire ,unto <br />.4— <br />newspaper having a general circulation in each county in which the property to he sold, or some part thereof. is situated. Upon such <br />oh <br />the Trustee shall execute and deliver a decd of conveyance of the property sold to the purchaser or purchascrs thercol acrd any <br />statement or recital of fact in such deed in relation to the exercise of the power of sale and sale of the proper(} docrihod there.m. including <br />d' h <br />reeiiais concerning any mailing. personal delivery and publiratron of the notice of default, an; nmiliti � .end tite 1+ublic,,F,fn, artd posting <br />R" <br />of nottee of sale. and the conduct of sale: curd such recital shall constitute prima f acre ,; v.,deuce fit' .uch compliance .1110 crnctus,vc ev ulence <br />th ret+f to favor of buna fide purchasers and encumbrancers for valtic and %%ahout mince IHe decd .ii.ill oper.ttV t,) convey <br />