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TRUST DEED 87- 107163 THIS DEED OF TRUST, made and entered into this 14th day of December ,19~ r by and between Ralph A. Zavala and Christina As Joint Tenants and not as Tenants in and Security Pacific Financial Services American Title Insurance Co" Trustee, M. Z~Mtbr. and Firs t Connnon , Beneficiary; WITNESSETH: That the Trustor does by these presents grant, bargain and sell, convey and confirm with Power of Sale unto the Trustee the following described Real Estate including all buildings, improvements. and fixtures of every kind now or hereafter erected or placed on the real estate. situated in Hall County, in the State of Nebmska: Lot 1 in Block 4 of Chamberlin's Addition to the Village, now City of Wood River, Except the Westerly 7 Feet of Lot 1 in Block 4 Deeded to the State of Nebraska, Recorded in Book 119, Page 367 in The Register of Deeds Office of Hall County, Nebraska. and possession of said premises is now delivered unto said Trustee: TO HAVE AN D TO HOLD the same, with all rights. privileges. and appurtenances thereto belonging unto the Trustee, his executors. administmtors. heirs. and assigns forever. And the Trustor hereby expressly waives. releases. and relinquishes unto the Trustee all right. title. claim, interest. benefit. and estate whatever. in and to the above-described premises and each and every part thereof: which is given by or results from all laws of the State of Nebmska pertaining to the exemption of homestead. And the Trustor covenants with the Trustee that he will forever warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TRUST HOWEVER. for the following described purposes: To secure full and prompt performance of all the terms and condi- tions of that o Revolving Loan Agreement of even date herewith (including particularly. but not exclusively. prompt payment of all sums which arc or may become payable from time to time thereunder) and any extensions. renewals. modifications or refinancings thereof. which Revolving Loan Agreement obligates Beneliciary. subject to the conditions stated,therein. to advance to Trustor up to $ , plus finance and other charges. (or) Ii] Note of even date herewith, in the principal sum of U.S, S11 .41 R ?R payable in monthly installments of principal and interest. with the balance of the indebtedness. if not sooner paid. due and payable on 1?/1R!Q4 .19_. It is agreed by and between parties hereto that until tiling of Notice of Default. the Trustor shall: ( I ) pay all present and future taxes and assessments. geneml and special. against said property before the same becomes delinquent or actionable; (2) keep all improve- ments erected on the land insured as may be required from time to time by beneficiary against 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 insumnce in force or effect upon the property herein described constantly assigned and delivered to beneficiary; (3) pay and comply with all the terms and conditions of any lien. claim or indebtedness that may be senior to or take precedence over this Trust Deed as soon as any such payment on or of such lien, claim or indebtedness shall become due; and upon failure of Trustor to keep any said agreements. beneficiary may pay such tax. pay for such insurance or pay 00- such liens or claims or indebtedness as the case 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 the same upon demand, and upon failure to do so the balance of the attached note shall become immediately due and payable at the option of the beneficiary; (4) specifically confer upon the Trustee the power of sale as provided in Nebraska law: (5) retain possession of the premises and collect the rents and revenues therefrom. L Upon payment of all the sums secured by this Trust Deed. the Beneficiary shall request the Trustee to reconvey the property and shall surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to lhe Trustor. Trustee shall reconvey the property without warranty to the person or persons legally entitled thereto; but if del;1U1t he made in the payment of said note or any part thereof or any of the interest thereon when due or in the [aithful performance of any or either of said agreements as aliJresaid. then the whole of said note shall become due and be paid as hereinafter provided. and this deed shall remain in liJrce: the Trustee or his attorney may proceed to sell the property in its entirety or in parcels at the option of the Trustee hereinbelilre descrihed at public auction. to the highest bidder, for cash. However. the power of sale herein conferred upon the Trustee shall not be exercised until (I) the Trustee shall first file for record, in the office of the register of deeds of each county wherein the trust property or some pan or parcel thereof is situated, a notice of default, identifying the Trustee by stating the names of the Trustor and names therein and giving the book and page where the same is recorded. a description of the tru,t properly. and containing a slatemem thaI a hreach of an obligation for which the trust property was conveyed as security has occurred. and setting limh the nature of such breach and of his election to sell or cause to be sold such property to satisfy the obligation; and (1) after the lapse of not less than one month. the Trustee shall give notice of sale as provided by Nebraska law. After notice of de/;lUlt and lapse of not less than one month. the Trustee shall give written notice of the time and place of sale particularly describing the properly to be sold h} puhlication of such notice. al kaM live limes. once a week for five consecutive weeks. the lasl publication to be at least 10 days but not more than 30 day S prillI' to the sail'. in some newspaper having a general circulation in each coumy in which the property to he sold. or some part thereof, is situated, LIll1n such sale, the Trustee shall execute and deliver a deed of conve}'ance of the property sold 10 lhe purchaser or purchasers thereof and any statement or recital of fact in such deed in relation to lhe exercise of the power of sale and sale of the property descrihed therein. Inl'luding recjtal~ concerning any mailing. personal delivery and publication of the notice of det;lult. any mailing ,lIld Ihe puhlicath1n and postlllg of notice ofsak. and the conduct of sale; and such recital shall conslllute prima [ilcie eVidence of such Clllllpliance and coneluSI\l' e\ Idence thereof IJl favor of bona tide purchasers and encumbrancers rilJ' vallie alld wlthulIt IInlll'l' nll' l'rllstl'l''s lkl'd ,hall llpnall' III ""l1\T\ If! 17007111 N[ D::1IGINAI 1 <, .~ ,I ,-=- ~ '.' n ~ it ;1 :'1 . ~ -1 I '1 :'1 :,:'. 'i. r-~- ~i,....~.,. " II .l\ .j! h .'