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.' TRUST DEED 87-, 107114 THIS DEED OF TRUST, made and entered inlo Ihis 11th day of Decpmbpr .1982.- r by and between Gene R. Conley and Marla J. Conley, Truslor, and First American Title Insurance Husband and Wife as Joint Tenants Company . Truslee, and ~"l""rit-y Pa~ifil" Fin'1ncia1 5eruices , Beneficiary: WITNESSETH: That the Truslor does by these presenls granl. bargain and sell, convey and confinn wilh Power of Sale unto Ihe Trustee the following described Real Estate including all buildings, improvemenls. and fixtures of every kind now or hereafter erected or placed on the real estate, situated in Hall County. in Ihe State of Nebraska: Lot 13 in Block 5 in Boggs and Hill's Addition to the City of Grand Island, Hall County, Nebraska. and possession of said premises is now delivered unto said Trustee: TO HAVE AND TO HOLD Ihe same. wilh all righlS. privileges, and appurlenances therelo belonging unlo Ihe Trustee. his execulors, adminislralors. heirs, and assigns forever. And Ihe Truslor hereby expressly waives. releases. and relinquishes unlo the Truslee all right. title. claim. interest. benefil, and eslale whalever. in and 10 Ihe above-described premises and each and every parL thereof. which is given by or results from all laws of Ihe Slale of Nebraska perlaining 10 Ihe exemplion of homeslead. And Ihe Truslor covenants with the Truslee that he will forever warranl and defend the tille 10 Ihe same against the lawful claims of all persons whomsoever. IN TRUST HOWEVER. for the following described purposes: To secure full and prompl performance of all the lerms and condi- lions of thaI o Revolving Loan Agreemenl of even dale herewilh (including particularly. bul not exclusively. prompt payment of all sums which are or may become payable from lime to lime thereunder) and any eXlensions. renewals. modificalions or refinancings Ihereof, which Revolving Loan Agreement obligales Beneficiary. subjecl 10 Ihe condilions sluted Iherein. 10 udvance 10 Trustor up to $ , plus finance and olher charges, (or) [] Nole of even dale herewilh. in Ihe principal sum of U.S. S 19.970.11 payable in monlhly inslallmenls of principal and inleresl, wilh the balance of the indebledness. if not sooner paid. due and payable on 12/16/94 . 19_. It is agreed by and between parties herelO Ihat until filing of NOlice of Defaull. Ihe Truslor shall: ( I ) p"y all presenl and fulure taxes and assessments. general and special. against said property before Ihe same becomes delinquent or aClionable; (2) keep all improve- ments erecled on Ihe land insured as may be required from lime 10 lime by beneficiary againsl loss by fire and other hazards. casualties and contingencies, in such amounts and for such periods as are reasonable and may be required by beneficiary. and to keep all policies of such insurance in force or elTecl upon Ihe properly herein described constantly assigned and delivered to beneficiary: (3) pay and comply wilh all Ihe lerms and conditions of any lien. claim or indebledness Ihal may be senior 10 or lake precedence over Ihis Trust Deed as soon as any such payment on or of such lien. claim or indebledness shall become due: and upon failure of Truslor 10 keep any said agreements. beneficiary may pay such tax, pay for such insur.ll1ce or pay olT sach liens or claims or indebtedness as the case may be. and Ihe money so expended. wilh inleresl al 9% per annum, shall be secured by Ihis Trust Deed. and Ihe Truslor agrees 10 repay the same upon demand. and upon failure 10 do so the balance of the attached nole shall become immedialely due and payable al Ihe oplion of Ihe beneficiary: (4) specifically confer upon Ihe Truslee Ihe power of sale as provided in Nebraska law: t5) retain possession of the premises and collecl Ihe renlS and revenues Iherefrom. L Upon payment of all Ihe sums secured by this Trusl Deed. Ihe Beneficiary shall requesl Ihe Truslee 10 reconvey Ihe properly and shall surrender this TruSl Deed and all noles evidencing indebledness secured by this Trusl Deed 10 Ihe Truslor. Truslee shall reconvey the properly wilhoul warranty to Ihe person or persons legally entilled Iherelo: but if default be made in Ihe paymenl of said nole or any parI thereof or any of Ihe inlerest Ihereon when due or in Ihe failhful performance of any or eilher of said agreements as aforesaid. then the whole of said nole shall become due and be paid as hereinafter provided, and Ihis deed shall remain in force: Ihe Trustee or his attorney may proceed to sell Ihe property in ils enlirely or in parcels al the oplion of Ihe Truslee hereinbefore described al public auclion. 10 the highesl bidder, for cash. However, the power of sale herein conferred upon the Truslee shall nol be exercised unlil ( I ) Ihe Trustee shall firsl file for record. in Ihe office of Ihe regisler of deeds of each Ctlunt) whe!1:in the trust pr.'pen) or some part or parcel thereof is situaled. a notice of default. identifying the Trustee by stating Ihe names of the Trustor and names therein and giving , the book and page where Ihe same is recorded, a descriplion of Ihe lrusl property. and containing a slatemenllhal a breach of an obligation for which the lrusl property was conveyed as securilY has occurred, and setting forlh the nalure of such breach and of his election 10 sell or cause 10 be sold such property 10 salisfy the obligation; and (2) after the lapse of nOl less than one month, Ihe TrUSlee shall give nolke of sale as provided by Nebraska law. After nOlice of default and lapse of not less Ihan one monlh. the Truslee shall give written notice of Ihe lime and place of sale parlicularly describing Ihe property 10 be sold by publicalion of such nOliee. al least five limes, once a week for five consecutive weeks. the last publication 10 be at least 10 days but not more than 30 days prior to the "lie. in 50l11e newspaper having a general circulation in each counly in which Ihe property 10 be sold, or some part Ihereof. is silllaled. Upon such sale, 'lhc Trustee, shall exeCUle and deliver a deed of conveyance of the property sold to the purchaser or pun:hasers Iherellf and any slatement or recital of fact in such deed in relalion to the exercise of the power of sale and sale of the property descrihed Ihercin, IIlcluding recitals concerning allY mailing, personal delivery ami publication of the notice of denllllt. any mailing amI lite publication and posling of nolice of sale. and Ihc eonducl of sale; and such rcetlal shall eonslilule prima facie evidence of such c\llllpliann' :It,d conrlusi\'e evidence thereof in famr of bona tide purchasers and elll'tllllbranccrs for value and wllhout nOllce, The Trustel' \ dl'l'd shall opl'rale to C()l1\'I'~ ?(.j t 10-0'281 Nf. ORIGINAL '" -~~- " r r--- . Ii ~ "'" $ (