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TRUST DEED 90 -._ 105986 <br />THIS DEED OF TRUST, made and entered into this 16th day of' October .19 90 <br />by and t�etweer�'raneis L. Sowl and Darlene S. SOw1. Trustor, and TRW Title insurance Company Trustee. <br />sus and an Wife as Joint Tenants <br />1 and Security Paoifto Pinancial Services of ia.&iFi:ficiary; <br />WITNESSETH: That the Trustor does 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 />plated on the heal estate, situated in Hall County, in the State of Nebraska: <br />Zat 7, 8iook .130 Union 'Pacific Railway Conpany's Second Addition to the City <br />,,'of,—Grand island, Hall County, Nebraska. <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, benefit. and estate whatever. in and to the above- described premises and each and every pan thereof, which is given <br />by or results from all laws of the State of Nebraska pertaining to the exemption of homestead. And the Truster covenants with the Trustee <br />dot 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 the terms and condi- <br />tions of t hat <br />!s <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, modifications or refinancings thereof. <br />which Revolving Loan Agreement obligates Beneficiary, subject to the conditions stated therein, to advance to Trustor tip to <br />$ , plus finance and other charges. (or) <br />{ ® Note of even date herewith, in the principal sum of U.S. $ 6676„91 payable in monthly installments of principal <br />and interest, with the balance of the indebtedness, if not sooner paid, due and payable on October 22 .19-9.5— <br />-- <br />I <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 />I <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 amounts and for such periods as are reasonable and may be required by beneficiary, and to keep all policies <br />to <br />of such insurance in force or effect upon the property herein described constantly assigned and delivered to beneficiary; (3) pay and <br />to <br />comply with all the terms and conditions of any lien, claim or indebtedness that may be senior to or take precedence over this Trust <br />Deed as soon as any such payment on or of such lien, claim or indebtedness %hull become due: and upon failure of Trustor to keep" <br />n <br />any said agreements, beneficiary may pay such tux. pay for such insurance or pay off such liens or claims or indebtedness as the case <br />I <br />.' <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 note shall become immediately due and payable at the <br />option of the beneficiary; (4) specifically confer upon the Trustee the power of %ale as provided in Nebraska law: (5) retain 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 neconvey 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 it default be made tit the payment of said note or <br />any part thereol' or any of the interest thereon when due or in the faithful performance of any or either of said agreements as albresaid, <br />then the whole of said note shall become due and he 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 parcel+ at the optit,n cat the Truster heretnhefore de%cribed at public <br />auction, to the highest bidder, for cash. lio%c er. the twwer of sale herein oomft:rred upon the trustee shall not he excroseti owil ( 1 ) <br />the Trustee shall first file for record, in the office of the register of deeds of each county wherein the trust pmpeny or some part or <br />parcel thereof is situated, a notice of default, identifying the Tru.t,r <- by stating the names of the Trustor and name therein and hiving <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 />I <br />i <br />for which the trust property %%as conveyed as security has occurred, and -ietting forth the nature of much breach and of his election to <br />sell or cause to be sold such property to satisfy the obligation: and 12) alter the lapse of not less than on, month, the irusice %hall i ive <br />notice of sale as provided by Nebraska law. After notice of default and lapse of not Ics% than one month. the trustee shall l ivr %vritten <br />to <br />notice of the time and place of sale particularly describing the prt,pert) to he sold by pubheation (if ouch %+ „ticc. at least five limes. <br />to <br />once a week for five consecutive weeks. the last publication to be at least 10 da >s but 11o1,,ikg -.i 4) days pnor to the bale, in silme <br />newspaper having a general circulation rn each county nt which the properay t) 4*11 &l Mt` pat tlrereol. is ,flamed. I'p„ is such <br />n <br />sale, the Trustee %hall execute and deliver a deed of conveyance of the properi' `SAi�rtt+ ht� givAThwPer or purchaser% thereat .inti ,illy <br />statement or recital of fact in such decd in relation to the ewrcise %of the power of salcand sale of file propert \ desci shed therein. nicluding <br />recital% concerning any mailing. per%onal delivery and puhlicalvin tit' the malice tot' default. ;Im m.u11lig and the Jill hlication .riot l,t,sting <br />of notice of %ale. and the conduct of sale; and such recital shall corisuttite 1111111d t.,t it- t•% idrnt e Of %11t.11 t „n tpl iancr ,riot tont:lusi%r r\ idenc e <br />thereof in litvor tit' ho na fide purchaser% and encunthi:u►cer% ha %,title and %%Ithoul littlicc I he IIu%tee, deed shall ol4•i,ite t„ t „me% <br />2917 0.0287 NL ORIGINAL J <br />•,tit, , ,.1,:,, ,' ,, : <,• ' .-��, , ' <br />