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r <br />L <br />1 <br />DEED OF TRUST <br />(Short Form) 90-- 105599 <br />KNOW ALL MEN BY THESE PRESENTS: that Richard M. Nyce and <br />Ruth A. Nyce, husband and wife, hereinafter referred to as the <br />"Trustor ", to secure the obligations of an Agreement for Dissolu- <br />tion of Partnership in respect to Nyce /281 Associates dated <br />46f *z 1990 in favor of Douglas A. Nyce, 5457 Twin <br />Knolls Road, Suite 302, Columbia, MD 21045, hereinafter referred <br />to as the "Beneficiary ", providing for the assumption and payment <br />of any remaining indebtedness owing to Mary Jane Stumpff in <br />respect to a Trust Deed Note in the original principal amount of <br />One Hundred Forty -Nine Thousand and No /100 Dollars (4149,000.00), <br />do hereby grant and convey unto AREND R. BAACK, Attorney at Lair, <br />P. 0. Box 790, Grand Island, NE 68802 -0790, the "Trustee", the <br />following- described property: <br />The East Half of the Southeast Quarter <br />(E }SE}) and the Southeast Quarter of the <br />Northeast Quarter (SEINED), Section One (1), <br />Township Nine ( 9 ) North, Range Ten ( 10 ) West <br />of the 6th P.M., Hall County, Nebraska, <br />excepting certain tracts of land more parr. ,_• .-u - <br />larly described in Warranty Deeds recorded in <br />Book 125, Page 233; Book 156, Page 580; <br />Book L'17, Page 653; and as Instruirr-mt No. 1A <br />89- 10`5653; <br />i� <br />TO NAVE AND TO HOLD the same, tt.agether with all appurte- <br />nances, in trust nevertheless, and in case of default in the <br />payment of said Mote or any part thereof or interest thereon or <br />in the performance of any covenant hereinafter set forth, then <br />the Trustee shall have the power to sell the abovr_�- described <br />property, and upon request of the Beneficiary, the Trustee shall <br />file for record in the Register of Deeds' Off ce of Hall County, <br />Nebraska, a Not-. -.a of Default, setting forth that a breach of an <br />obligation, for which the said property was conveyed as security, <br />has occurred, and setting forth the nature of such breach and the <br />Trustee's election to sell the property to satisfy the <br />obligation; and after the lapse of not less than one (1) mc- th, <br />the Trustee shal,Z give written notice of the time ar4d pla. of <br />sale which may be between 9 :00 a.m. and 5:00 p.rm, at the <br />premises, or at the Hall County Courthouse, and rpazticularly <br />describing the property to be sold; said Notice to be published <br />in a newspaper (zf a general circulation in Hall County, Nebraska, °d r <br />once a week for five (5) consecutive weeks, the last publication - <br />to be at least ten (10) days but not -%ore than thirty (30) days <br />prior to the sale; and the Truster sih:ail then sell said property <br />at the tiw.*: .:..° place dcaignatcd in t c ..ct:._c, in the manner <br />provided by laws in effect at the time of f kr i:.ag said Notice, and <br />public auction to the highest bidder for casts and shall deliver <br />to such purchaser a deed to the property sold, cc n.!. rstent with <br />the law in effect at that time. Addition.atly, Trustor hereby <br />requests that Trustee snail mail Truubui 6 c -­VY Of airy NOtILCc Of <br />Default and Notice of Sale hereunder upon default addressed to <br />them at Route 1, Doniphan, NE 68832. Out of the proceeds of <br />said sale, the Trustee shall retain and pay first all fees, <br />charges and costs of sale and all monies advanced in the exercise <br />of the power of sale, including the payment of the Trustee's fees <br />actually incurred, and pay second the obligations secured by this <br />Deed of Trust; and the balance, if any, shall be paid to the i <br />person or persons legally entitled thereto. Any person, <br />including the Beneficiary, may purchase said property at such <br />sale. <br />The Trut3tor covenants that at the timv ut' dt• livery c>t thesu <br />presents, they ait• seized of said pruperty in fee simplo•, and n <br />that said property is frt.-o of c-ncumbrancvs, 41xrt1pt t,ncumbranc t-n, <br />casements, rights -of-way, it- strictiuna ,rtrd ivsetv.ttions (d <br />record, , and they will properly ma i nta i n t 1w Fit upuz #y, ki -vp .c 1I •- <br />J <br />