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<br />200608975
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<br />same and for carrying out any other measures necessary to protect and ~eserve the interests of
<br />the Beneficiary in and to the Pro~. Trustor specifically agrees to hold Trustee and Beneficiary
<br />and their employees, servants aDd agents harmless for any oamages unavoidably inflicted upon
<br />the Property In connection with the exercise of rights arising under this Paragraph, and hereby
<br />waives any cause of action arising therefrom,
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<br />Upon J>ayment of all sums secured by this Trust Deed, the Beneficiary shall ~uest the
<br />Trustee, m writing to reconvey the propc;l1y and shall surrender this Trust Deed and iill 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 />In the pa)'II\ent of said Note or any part thereof or any of the interest thereon when due or in the
<br />faithful perfonnance of any or eitlier of said agreements as afuresaid, 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 ~ceed to sell the pr~rty 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 UP9D 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 coun~ 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 reco~cfed., a def!crlption of the trust property, and containing a statement that a brea~h of an
<br />obligation. for which the trust pro~ 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 Jlroperty to satisfy the
<br />obligation; and after the lapse of not less than one month, the Trustee shalf give notice of sale as
<br />proVided by Nebraska law,
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<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 I 0 ~ but not more than 30 days prior to the sale, in some newspaper
<br />b,aving ~eneral circulation in each county in which the property to be sold, or some part thereof is
<br />SItuated:
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<br />Upon such sale, the Trustee shall execute and deliver a deed of conveyance of the
<br />prop~ sold to the purchaser or purchasers thereof and any statement or recital of fact in such
<br />deed in relation to die exercise of the Power of Sale and sate of the property described herein,
<br />includjng recitals concerning any~, personal delivery and l?ublication and posting of notice
<br />of such Sale, and the conduct of sale, mall constitute ~a fuCie 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 rigli;t, title and chum of Trustor and his successors in
<br />interest subsequent to ilie execution of the Trust Deed. The Trustee shall apply the proceeds of
<br />the Trustee's sale, FIRST, to the cost and ~nses of exercising the Power of Sale, and of the
<br />sale, including the payment of the Trustee's fees actually_ incuri'ed, which fees sha.ll include a
<br />reasonable attorneys fee, not to exceed $350,00; SECOND\ to the payment of the obligations
<br />secured by the Trust Deed; TIllRD, to ilie payment of junlOr trust deeds, mortgages or other
<br />lienholders, and ilie balance, if any, to the person or persons legally entitled thereto.
<br />
<br />And the Trustee covenants faithfully to perfonn the trust herein created, Trustee shall
<br />have no obligations under this Trust Deed other tlian 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 herelmder to execute the Power of Sale under this Trust Deed,
<br />Upon such appointment and WlthOut conveyance to the successor, the latter shall be vested with
<br />all title, powers, and duties conferred upon any trustee herein named or acting hereunder. Each
<br />such suostitution 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 iliis Trust Deed shall
<br />not be deemed to be a waiver of any ollier or similar defaults subsequently occurring.
<br />
<br />This Trust Deed shall be construed according to the laws of the State of Nebraska.
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<br />This Trust Deed shall inure to and bind the heirs, legatees, devisees, administrators,
<br />executors and assigns of the parties hereto.
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<br />The parties hereto request that a copy of any notice of default or notice of sale hereunder
<br />shall be mailed to the Trustor at 2433 W.Alina, Grand IsIand,NE 68803 and to the Beneficiary
<br />at J?P, Box 6815, Lin9oln,.J'ffi 68506 by certified mail, unless either party shall be advised, in
<br />wntmg. of any change m aaaress.
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<br />Wherever the context so requires, sinlUllar 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.
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<br />Fonn software by: Automated RClIl Estate Berv;""". Inc, -IlOO.330_1295
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<br />File: I6tIJ
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