|
s.
<br />7
<br />n�
<br />TRUST DEED r : _ ° 89. 1021 -4
<br />THIS DEED OF TROST, mode and entered into d9s _day of
<br />MINER MI(�ISM and
<br />by +� between Aj yry 8 bjt 3f.Ei;�t . Trustor, and R I'h�� .. Trustee.
<br />whose address is 4949 W_ RGYA1, I—A l2 IRV=, != 25063
<br />WITNESSEI'H: That the Trustor do by these presents grant, bargain and sell, convey and confirm with Power of Sale
<br />unto the Trustee the following described Real Estate including all buildings, improvements, and fixtures of every kind now
<br />or hereafter erected or placed on the real estate, situated in HALL County, in the State of Nebraska:
<br />Property known as: 423 N. Custer, Grand Island, Ne 68803
<br />& 6 Minutes
<br />LOTS 202 & 203, BEL DNT, IN Filed for Record 1-24 -74 _at 11:00 O'Clock A.M. `
<br />ADDITION TO GRAND ISLAM,
<br />HALL, OaJNI'Y, NEBRASKA. in Book 173 of Deeds
<br />Page 606
<br />and possession of said premises now delivered unto said Trustee;
<br />TO HAVE AND TO HOLD the same, with all rights, privileges, and appr; *+Pnances thereto belonging unto the
<br />Trustee, his executors, administrators, heirs, and assigns forever. And the Trustor hereby expressly waives, releases, and
<br />relinquishes unto the Trustee aii right, title, claim, interest, benefit, and estate whatever, in and to the above - described
<br />premises and each and every part thereof, which is given by or results from all laws of the State of Nebraska pertaining to
<br />the exemption of homestead. And the Trustor covenants with the Trustee that he will forever warrant and defend the title
<br />to the same against the lawful claim.3 of all persons whomsoever.
<br />s
<br />IN TRUST HOWEVER, for the following described purposes: WHEREAS, the Trustor did on this date execute a
<br />home improvement Retail Installment Contract ( "Contract ") evidencing a Total of Payments of $ - 1$042.00 r
<br />being payable in monthly installments at such place as the Beneficiary may designate in writing frorn� time to time.
<br />:otwithstanding any provision contained herein or in said Contract to the contrary, if not sooner paid, all sums due and
<br />owing under the terms of said Contract shall be paid on or before . The Total Sale Price
<br />of said Contract is $ _.._4gy g ar.d is for services and goods described as
<br /># YA�"'79?I 01�
<br />CUTTER _ said work estimated to be completed 1989
<br />It is agreed by and i;etween the parties hereto that until filing of Notice of Default, the Trustor shall: (1) pay all
<br />present at future taxes and assessments, general and special, against said property before the same becomes
<br />delin4uer t or actionable; (2) keep all improvements erected on the lanT� ;sured as may be required from time to time by
<br />beneficiary aggainst loss by fire and other hazards, casualties and contingencies, in such amounts and for such periods as
<br />are reasoc;abl2 and may b° required by beneficiary, and to keep all policies of such insurance in force or effect upon the
<br />property herein described constantly assigned and delivered to beneficiary. (3) pay and comply with all of the terms and
<br />conditions of any lien., claim or indebtedness that may be senior to or take precedence to this Trust Deed as soon as any
<br />such payment on such lien, claim or indebtedness shall become due; and upon failure of Trustor to keep any said
<br />agreements, beneficiary may pay such tax, pay for such insurance or pay off such liens or claims or indebtedness -rrs the t
<br />case may be. and the money so expended together, thereon as provided by the terms of the aforemenCionetf-ebtttr�Ct
<br />shall be secured by this Trust Deed, and the Trustor agrees to repay the same upon demand, and upon failure to do so
<br />the balance of the attached Contract shall become immediately due and payable at the option of the beneficiary; (4)
<br />specifically, confer upon the Trustee the power of sale as provided in Nebraska law; (5) retain possession of the premises
<br />and collect the rents and revenues therefrom.
<br />Upon payment of a'! the sums secured by this Trust Deed, the Beneficiary shall requeet the Trustee to reconvey the
<br />property and shall surrender this Trust Deed and all Contracts evidencing indebtedness secured by this Trust Deed to
<br />the Trustor. Trustee shall reconvey the property without warranty to the person or persons legally entitled thereto; but
<br />if default be made in the payment of said Contract or any part thereof or any of the interest thereon when due or in the
<br />faithful performance of any or either of saH agreements as aforesaid, then the whole of said Contract shall become due
<br />and be paid as hereinafter provided, and this deed shall remain in force: the Trustee or his attorney may proceed to sell
<br />the property in its entirety or in parcels at the option of the Trustee hereinbefore described at public auction, to the
<br />highest bidder, for cash. However, the power of sale herein conferred upon the Trustee shall not be exercised until (1) the
<br />Truster shall first file for record, in the office of the register of deeds of each county wherein the trust property or some
<br />part or parcel therein is situated, a notice of default, identifying the Trustee by stating the names of the Trustor and
<br />names therein and giving the book and page where the same is recorded, a description of the trust property, and
<br />containing a statement that a breach of an obligation for which the trust property was conveyed as security has
<br />occurred, and setting forth the nature of such breach and of his election to sell or cause to be sold such property to satisfy
<br />the obligation; and (2) after the lapse of not less than one month, the Trustee shall give notice of sale as provided by
<br />Nebraska law. After notice of default and lapse of not less than one month, the Trustee shall give written notice of the
<br />time and place of sale particularly describing the property to be sold by publication of such notice, at least five t;,_ --I
<br />once a week iur five consecutive weeks, the last publication to be at least 10 days but not more than 30 days prior to the
<br />sale, in some newspavcr having a general circulation in each county in which the property to-be sold, or some part
<br />thereof, is situated. Upon sucl, sale, the Trustee shall execute and deliver a deed of conveyance of the property sold to
<br />the purchaser or purchasers thereof and any statement cr recital of fact in such deed in relation to the exercise of the
<br />power of sale and sale of the property described therein, including recitals concerning any mailing, personal delivery and
<br />publication of the notice of default, any mailing and tLe publication and posting of notice of sale, and the conduct of sale:
<br />and such recital shall constitute prima facie evidence of such cc.rubance and conclusive evidence thereof in favor of bona
<br />fide purchasers and ericumbrancers of value and without notice. 'T lie 'Trustee's deed shall operate to convey to the
<br />purchaser, without right of redemption, the Trustee's title and all right, titie, interest and claim of the Trustor and his
<br />successors in interest and of all persons claiming by or through or under them, in and to the property sold, including all
<br />such right, title, interest and claim in and to such property acquired by the Trustor or his successors in interest
<br />sub nmjent to the execution of the Trustee, The 'Trustee shall apply the proceeds of the Trustee's sale; first, to the cost
<br />and expensas of exercising the power of sale, and of the sale, including the payment of the Tnstee's fees actually
<br />incurred not to exec: l the amount which may be provided in the Trust Deed, second, to payment of the obligations
<br />secured by the 'Trust Deed, and the balance, if any, to the person or persons legally entitled thereto.
<br />29M"787 NE IN I I
<br />ORIGINAL
<br />
|