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<br /> . � 99 106591
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<br /> Trt�stors will pay and keep current the monthly installments on the prior trust deed and to prevent any default thereunder. Trustors further agree that
<br /> should any default be made in the payment of any installments of principal or any interest on the prior trust deed, or should any suit be commenced
<br /> or other action taken to foreclose the prior trust deed, then the amount secured by this Trust Deed shall become and be due and payable in full at any
<br /> time thereafter, at the option of Beneficiary an in accordance with the Agreement. Beneficiary, at its option, may pay the scheduled monthly
<br /> installments on the prior trust deed and, to the extent of the amount so paid,become subrogated to the rights of the beneficiary identified in the prior
<br /> trust deed. All payments made by Beneficiary on the loan secured by the prior trust deed shall bear interest at the Rate of charge until paid in full.
<br /> Upon payment of all sums secured by this Trust Deed, Beneficiary shall request Trustee to reconvey the Property and shall sunender this Trust
<br /> Deed and all Notes evidencing indebtedness secured by this Trust Deed to Trustee. irustee shall reconvey the Property, without wananty to the
<br /> person or persons legally entitled thereto. If default be made in the payment of installments on the loan when due or in the faithful performance of
<br /> any or either of the agreements made in this Trust Deed, then the whole of the loan shall become due and payable, and this Trust Deed shall remain
<br /> in force with Trustee or his attorney proceeding to sell the Property it its entirety or in parcels at the option of Trustee, at public auction, to the
<br /> highest bidder and for cash. However, the Power of Sale herein conferred upon Trustee shall not be exercised until Trustee files for record, in the
<br /> office of the Register of Deeds of each county in which the Property is situated, a Notice of Default,identifying the Trustee, stating the names of the
<br /> Trustor, giving the book and page where this Trust Deed is recorded, containing a description of the Property, stating that a breach and of Trustee's
<br /> election to sell or cause to be sold that Property to satisfy the obligation. After the lapse of not less than one month,Trustee shall give Notice of Sale,
<br /> as provided by Nebraska law.
<br /> After Notice of Default and lapse of not less than one month, Trustee shall give written notice of the time and place of sale, particularly describing
<br /> the Property to be sold by publication of that Notice, at least five times, once a week for five consecutive weeks, the last publication to be at least 10
<br /> days but not more than 30 days prior to the sale, in a newspaper having a general circulation in each county in which the Property to be sold, is
<br /> situated. Upon sale, Trustee shall execute and deliver a deed of conveyance of the sold Property to the purchaser or purchasers of the Property. Any
<br /> statement or recital of fact in that deed, in relation to the exercise of the Power of Sale and sale of khe sold Property, including recitals concerning
<br /> any mailing,personal delivery and publication of the Notice of Default and any mailing, publications and posting of a notice of sale, and the conduct
<br /> of sale, shall constitute prima facie evidence of compliance with Nebraska statues and conclusive evidence of such compliance in favor of bona fide
<br /> purchasers and encumbrancers for value and without notice. 1'he Trustee's Deed shall operate to convey to the purchaser, without right of
<br /> redemption, Trustee's title and all right, title, interest and claim of Trustor, his successors in interest and of all persons claiming by or khrough or
<br /> under them, in and to the sold Property including all such right, title, interest and claim in and to that sold Property acquired by Trustor or his
<br /> successors in interest subsequent to the execution of Trustee. Trustee shall apply the proceeds of sale, first, to the cost and expenses of exercising the
<br /> power of sale, as well as the cost of sale, including payment of Trustee's fees actually incurred; and second, to payment of the unpaid balance of the
<br /> Actual Amount of Loan plus interest,and balance, if any, to the person or persons legally entitled hereto.
<br /> And Trustee covenants faithfully to perform the Trust herein created.
<br /> BENEFICIARY, from time to time, may substitute a successor or successors to any Trustee named herein or acting hereunder to execute powers
<br /> created under this Trust Deed. Upon appointment and without conveyance to the successor Trustee, successor Trustee shall be vested with all title,
<br /> powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appoinlment and substitution shall be made by written
<br /> instrument and executed by Beneficiary, containing reference to this Trust Deed and its place of record, which when recorded in the office of the
<br /> Register of Deeds of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment and the successor
<br /> Trustee. The foregoing power of substihxtion and the procedure therefor shall not be exclusive of the power and procedure provided for by law for
<br /> the substitution of a Trustee or Trustees in the place of the Trustee or Trustees named herein.
<br /> If Trustors voluntarily shall sell or convey the Property, in whole or in part, or any interest in the Property or by some act or means divest
<br /> themselves of title to the Property without obtaining the written consent of Beneficiary, then Beneficiary, at its option, may declare the entire
<br /> balance of the loan plus interest on the balance irnmediately due and payable. This option shall not apply if(1)the sale of the Property is permitted
<br /> because the purchaser's creditworthiness is satisfactory to Beneficiary and (2) that purchaser, prior to the sale, has executed a written assumption
<br /> agreement containing terms prescribed by Beneficiary,including, if required,and increase in the Rate of Charge.
<br /> This Trust Deed shall be construed according to the laws of the State of Nebraska.
<br /> Trustor requests that a copy of any Notice of Default and of any notice of sale hereunder be mailed to Trustor by certified mail at the address as
<br /> follows:
<br /> Evidence of sueh mailing shall constitute evidence of receipt of that Notice.
<br /> The waiver by Trustee or Beneficiary of any default of Trustor under khis Trust Deed shall not be or be deemed to be a waiver of any other or
<br /> similar defaults subsequently occurring.
<br /> This Trust Deed shall inure to and bind in heirs,legatees,devisees,administrators,executors, successors and assigns of the parties hereto.
<br /> Whenever the context so requires, singular words shall be construed in the plural and vice versa, and the masculine gender shall be construed to
<br /> include the feminine and vice versa.
<br /> IN WIT SS REOF, �tor s s' ned this Deed f Trust on the day and year firs above ritten
<br /> Witness �
<br /> Witn������� T �NDALL RRI
<br /> � �
<br /> Trustor NA Y URRITT
<br /> STATE OF NEBRASKA )
<br /> ) ss.: ACKNOWLEDGMENT
<br /> COUNTY OF DOUGLAS )
<br /> Before me, a Notary Public, qualified by said county, personally came
<br /> RANDALL C BURRITT AND NANCY BURRITT , HUSBAND AND WIFE , known to me to be the
<br /> identical person(s) who signed the foregoing instrument and acknowledge khe execution thereof to be his, her or kheir voluntary act and deed.
<br /> Witness my hand and Notarial Seal on 06-21-1999
<br /> � 6ENERAL NOTARY-;Ute of Nebt�tM i
<br /> �Iq �� �ERB� ry Public o e State o � a
<br /> �
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