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TRUST DEED 87- 107250 "I r- THIS DEED OF TH UST. made and entered into this ~__ day of cx::TOBER b d b t WILLIAM ROBml' KOLLl'R EIUX .lTTT.TR KOT.LER d FIRST AMERICAN TITLE INS, yan e ween ----;-Trliswr,-an AMl!lUCAN FUNDlliG <XlRP. ,INC., . 19..Jl1__ CO. Trustee, and Beneficiary . whoseaddressis 2639 WAUlUI' HILL Ul. SUITE 147, DALLAS, TX 75229 WITNESSETH: That the Trustor do 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 Nebraska: Property known as: The Westerly 31~ feet of Lot 7, Block Addition to the City of Grand Island, Filed for Record 130 in Koenig and Wiebe's Hall County, Nebraska at _.M. in Book of Page and possession of said premises now delivered unto said Trustee; TO HAVE AND TO HOLD the same. with all rights. privileges. and appurtenances thereto belonging unto the Trustee. his executors. administrators. heirs. and assigns forever. And the Trustor hereby expressly waives. releases. and relinquishes unto the Trustee all right. title. claim. interest. henefit. 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 Nebraska pertaining to the exemption of homestead. And the Trustor covenants with the Trustee that he will forever walTant and defend the title to the same against the lawful claims of all persons whomsoever. IN TRUST HOWEVER. fur the following described purposes: WHEREAS. the Trustor did on this date execute a home improvement Retail Installment Contract ("Contract") evidencing an amount financed (unpaid Contract balance) of $ 6370 _ 00 and interest thereon according to the terms of said Contract: said Contract being payable in montWy installments at such place as the Beneficiary may designate in writing from time to time. Notwithstanding any provision contained herein or in said Contract to the contrary. if not sooner paid, all sums due and owing under the terms of said Contract shall be paid on or before 12-15-87 The Total Sale Price of said Contract is S 10,626.84 and is for services and goods described as IrMR TMDRCI\1IlMFNI' . said work estimated to he completed FS'I'TMA'I'ED 11-1-87 It is agreed by and between the parties hereto that until filing of Notice of Default. the Trustor shall: (I) pay all present and future taxes and assessments. general and special, against said property before the same becomes delinquent or actionable: (2) keep all improvements 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 insurance in force or effect upon the property herein described constantly assigned and delivered to beneficiary. (3) pay and comply with all of the terms and conditions of any lien. claim or indebtedness that may be senior to or take prec~~r<:_e. t~this Trust Deed as soon as a~y such payment on such lien. claim or indebtedness shall become due: and U&OI) faIlure of Trustor to keep any saId agreements. beneficiary may pay such tax. pay for such insurance or payoff slicK liElns or claims or indebtequess as the case may be. and the money so expended together. thereon as provided by t\i! te.rm.s of the aforementioned Contract. shall be secured by this Trust Deed. and the Trustor agrees to repay the sam~upon demand. and upon failure to do so the balance of the attached Contract 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 Contracts evidencing indebtedness secured by this Trust Deed to the Trustor. Trustee shall reconvey the property without warranty to the person or persons legally entitled thereto; but if default be made in the payment of said Contract or any part thereof or any of the interest thereon when due or in the faithful performance of any or either of said agreements as aforesaid. then the whole of said Contract shall become due and be paid as hereinafter provided. and this deed shall remain in force; the Trustee or his attorney may proceed to sell the property in its entirety or in parcels at the option of the Trustee hereinbefore described at public auction. to the highest bidder, for cash. However. the power of sale herein conferred upon the Trustl'e 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 part or parcel therein 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 trust property. and containing a statement that a breach of an obligation for which t.he trust property was conveyed as security has occurred, and setting forth the nature of such breach and of his elect.ion to sell or cause to be sold such property to satisfy t.he obligation: and (2) after the lapse of not less than one month. the Trustee shall give notice of sale as provided by Nebraska law. After notice of default and lapse of not less than one month. the Trustee shall give writt.en notice of the time and place of sale particularly describing the property t.o be sold by publication of such notice. at least five times, once a week for five consecutive weeks. the last publication to be at least to days but not more than 30 days prior to the sale, in some newspaper having a general circulation in each county in which the property to be sold. or some part thereof. is situated. Upon such sale. the Trustee shall execut.e and deliver a deed of conveyance of the property sold to the purchaser or purchasers thereof and any statement or recital of fact. in such deed in relation to the exercise of the power of sale and sale of the property described therein. including recitals concerning any mailing. personal delivery and publication of the notice of default. any mailing and the publication and post.ing of not.ice of sale. and the conduct of sale; and such recital shall constitute prima facie evidence of such compliance and conclusive evidence t.hereof in favor of bona fide purchasers and encumbrancers of value and without not.ice. The Trustee's deed shall operate to convey to t.he purchaser. without right of l'l'demption. the Trust.ee's title and all right.. t.itle. interest and claim of t he Trustor and his successors in interest and of all persons claiming by or through or uncleI' them. in and to the property sold. including all such right. title. interest and claim in and to such propert.y acquired by the Trustor or his SUCl'l'ssors in interest subsequent to the execution of the Trustee. The Trustee shall apply the proceeds of the Trustee's sale; first. to the cost lIud expenses of exercising the power of slIle. und of the sule. including tlH' puynll'nt of till' Trustee's fl'es actually incnrrl>d not to exceed the amount which may be provided in the Trust Deed. seco1ll1. to paynll'nl of the obligations securl'd by the Trust Deed. and the balunce. if uny. to the personllr persons legally entitkd theretll. , ~~()!8'l I'd H M i ORIGINAL ---1--