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<br />UNION TITLE <br /> <br />Fax ,402-488-2834 <br /> <br />Jun 12 200B 11; 31am P003/004 <br /> <br />200605215 <br /> <br />and their employees, servants and agents haxmless for any damages unavoidably inflicted upon <br />the. Property In connec~ion ~it.h the exercise of rights arising WIder this Paragraph, and hereby <br />waIves any cause of actIon ansmg therefrom. <br /> <br />Upon payment of all S11lIl$ secured by this Trust Deed, the BeneficiiU)' shall request the <br />Trustee, m writmg to reconvey the property and shall surrender this Trust Deed and all notes <br />evidencing indebtedness secured by this Trust Deed to the Trustee. Trustee shall reconvey the <br />property without warranty to the person or persons legally entitled thereto; but if default be made <br />III tht: payment of said Note or any part thereof or any of the interest thereon when due or in the <br />faithful perfonnance of any or either of said agreements as aforesaid, then the whole of said Note <br />shall become: due and be paid as hereinafter provided, and this deed shall remain in force. The <br />Trustee or his attorney may then proceed to sell the property in its entirety or in parcels at the <br />option of the Trustee, hereinbefore described at public auction, to the highest bidder for cash. <br /> <br />The Power of Sale conferred uP9n the Trustee shall not be exercised until the Trustee <br />shall first file for record, in the Office of the Register of Deeds of each county wherein the trust <br />property or some part or parcel thereof is situated, a Notice of Default, identifYing the Trust Deed <br />by stating the names of the Trustor named therein and giving the Book and Page where the same <br />is record-ooJ. a description of the trust property, and containing a statement that a breach of an <br />obligation ror which the trust proPtlrty was conveyed as secunty has occurred, and setting forth <br />the nature of such breach and his election to sell or cause to be sold such property to satisfy the <br />obligation; and after the lapse of not less than one month, the Trustee shall give notice of sale as <br />proVIded by Nebraska law. <br /> <br />After Notice of Default and lapse of not less than one month, the Trustee shall give <br />written notice of the time and place of sale particularly describing the Property to be sold by <br />publication of such notice, at least five times, once a week for five conseculive weeks, the last <br />publication to be at least 10 days but not more than 30 days prior to the sale, in some newsp3l?er <br />having Eeneral circulation in each county in which the property to be sold, or some part thereof is <br />Sltuatecf <br /> <br />Upon such sale, the Trustee shall execute and deliver a deed of conveyance of the <br />property sold to the purchaser or purchasers thereof and any statement or recital of fact in such <br />deed in relation to the exercise 0 the Power of Sale and sale of the property described herein, <br />including recitals concernip.g any' mailing, personal delivery and publication and posting of notice <br />of such sale, and the conduct of sale, shall constitute prima facie evidence of such compliance <br />and conclUSIve evidence thereof in favor of bona fide purchasers and encumbrances for value and <br />without notice. The Trustee's deed shall operate to convey to the Purchaser, without right of <br />redemption, the Trustee's title and all rigljt title and claim of Trustor and his successors in <br />interest subsequent to the execution of the trust Deed. The Trustee shall appl}' the proceeds of <br />the Trustee's sale, FIRST, to the cost and expenses of exercising the Power of Salei and of the <br />sale, including the payment of the Trustee's fees actually incurred, which fees sha I include a <br />reasonable attorneys fee, not to exceed $350.00; SECOND, to the payment of the obligations <br />secured by the Trust Deed; THlRD, to the payment of junior trust deeds, mortgages or other <br />lienholders, and the balance, if any, to the person or persons legally entitled thereto <br /> <br />And the Trustee covenants faithfully to perform the trust herein created. Trustee shall <br />have po obligations under this Trust Deed other than those expressly provided for herein. <br /> <br />BENEFICIARY may' from time to time substitute a successor or successors to any <br />Trustee named herein or acting hereunder to execute the power of Sale under this Trust Deed_ <br />Uyon such appointment and WIthout conveyance to the successor, the latter shall be vested with <br />al title, powers, and duties conferred upon any uustee herein named Qr acting hereunder. Each <br />such su\:istitution and appointment shall be made in accordance with the laws of the State of <br />Nebraska applicable thereto. <br /> <br />The waiver by the Trustee or Beneficiary of any default of Trustor under this Trust Deed shall <br />not be deemed to be a waiver of any other or similar defaults subsequently occurring. <br /> <br />This Trust Deed shall be construed according to the laws of the State of Nebraska. <br /> <br />This Trust Deed shall inure to and bind the heirs, legatees, devisees, administrators, <br />executors and assigns of the parties hereto. <br /> <br />The Earties hereto request that a coPy of any notice of default or notice of sale hereunder <br />shall be maIled to the Trustor at 2423 W. Anna, Grand Island, Nebraska, 68803 and to the <br />Beneficiary at P-O- Box 6815, Lincoln, Nebraska, 68506, by certified mail, unless either party <br />shall be advised, in writing, of any change in address. <br /> <br />Wherever the context so requires, singular words shall be construed in the plural and vice <br />versa, and the masculine gender shall be construed to include the feminine and vice versa- <br /> <br />Pagr.2 on <br />Fonn &oftware by: Autumatcd Real Estate Servim.ln~. - 800.330.1295 <br /> <br />File, ttstJ3 <br />