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<br />THUST DEED
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<br />87 107251
<br />- 87
<br />,19___
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<br />THIS DEED OF TRUST, made and entered into this
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<br />27 day of OCTOBER
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<br />by and between JOHN N OPJWI'F.R F.I'IIX YCl'IDA J)lTI'F.IITrustor, and FIRST AMF.RTCAN TITLE
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<br />, Trustee,
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<br />and
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<br />l\ME1UCAN FUND~ CORP., INC.
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<br />Beneficiary,
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<br />2607 WAINUT HILL U\l. SUITE 110, DALLAS, TX
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<br />75529
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<br />whose address is
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<br />WITNESSETH: That the Trustor do by these presents grant, bargain and sell, convey and confirm with Power of Sale
<br />unto the Trustee the following described Real Estate including all buildings, improvements, and fixtures of every kind now
<br />
<br />HALL
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<br />or hereafter erected or placed on the real estate, situated in
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<br />Original Town
<br />Property known as: IDl' 3, BUX:K 10,^CITY OF GRAND ISLAND,
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<br />County, in the State of Nebraska:
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<br />HALL CXXJN.l'Y', NEBRASKA
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<br />Filed for Record
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<br />at
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<br />_.M.
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<br />in Book
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<br />of
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<br />Page
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<br />and possession of said premises now delivered unto said Trustee;
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<br />TO HAVE AND TO HOLD the same, with all rights, privileges, and appurtenances thereto belonging unto the
<br />Trustee, his executors, administrators, heirs, and assigns forever. And the Trustor hereby expressly waives, releases, and
<br />relinquishes unto the Trustee all right, title, claim. interest, benefit, and estate whatever. in and to the above-described
<br />premises and each and every part thereof, which is given by or results from all laws of the State of Nebraska pertaining to
<br />the exemption of homestead. And the Trustor covenants with the Trustee that he will forever warrant and defend the title
<br />to the same against the lawful claims of all persons whomsoever.
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<br />IN TRUST HOWEVER, for the following described purposes: WHEREAS. the Trustor did on this date execute a
<br />home improvement Retail Installment Contract ("Contract ") evidencing an amount financed (unpaid Contract balance) of
<br />$ .,,410 011 and interest thereon according to the terms of said Contract; said Contract
<br />being payable in montWy installments at such place as the Beneficiary may designate in writing from time to time.
<br />Notwithstanding any provision contained herein or in said Contract to the contrary, if not sooner paid, all sums due and
<br />owing under the terms of said Contract shall be paid on or before 12-10-87
<br />The Total Sale Price of said Contract is S qO'l~ and is for services and goods described as
<br />IUm~
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<br />, said work pstimated to be completed
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<br />11-4-87
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<br />It is agreed by and between the parties hereto thllt until filing of Notice of Default, the Trustor shall: (1) pay all
<br />present and future taxes and assessments, generul Ilnd spl'cial, IIguinst said property before the same becomes
<br />delinquent or actionable; (2) keep all improvements erected on the lund insured as may be required from time to time by
<br />beneficiary against loss by fire and other hazards, cllsuuHies lint! contingencies, in sul(~ amounts and for such periods as
<br />are reasonable and may be required by beneficiary, und to keep 1111 policies of such insurance in force or effect upon the
<br />property herein described constantly assignpd and delivered to beneficiary, (3) plly"lind.c(lmply with all of the terms and
<br />conditions of any lien, claim or indebtedness thatmuy lx, sonior to or take precedence tothis Trust Deed as soon as any
<br />such payment on such lien, claim or indebtedness shllll become due; and upon failure of Trustor to keep any said
<br />agreements. beneficiary may pay such tax, pay for such insurance or pav off such liens or claims or indebtedness as the
<br />case may be. and the money so expended together, thereon as provided by the terms of the aforementioned Contract.
<br />shall be secured by this Trust Deed, and the Trustor agn.'(.'s to repay the same upon demand, and upon failure to do so
<br />the balance of the attached Contract shall become immediately due and payable at the option of the beneficiary; (4)
<br />specifically confer upon the Trustee the power of sale as provided in Nebraska law; (5) retain possession of the premises
<br />and collect the rents and revenues therefrom.
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<br />L
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<br />Upon payment of all the sums secured by this Trust Deed, the Beneficiary shall request the Trustee to reconvey the
<br />property and shall surrender this Trust Deed and all Contracts evidencing indebtedness secured by this Trust Deed to
<br />the Trustor. Trustee shall reconvey the property without warranty to the person or persons legally entitled thereto; but
<br />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
<br />faithful performance of any or either of said agreements as aforesaid, then the whole of said Contract shall become due
<br />and be paid as hereinafter provided, and this deed shall remain in force; the Trustee or his attorney may proceed to sell
<br />the property in its entirety or in parcels at the option of the Trustee hereinbefore described at public auction. to the
<br />highest bidder, for cash. However. the power of sale .herein conferred upon the Trustee shall not be exercised until (1) the
<br />Trustee shall first file for record, in the office of the register of deeds of each county wherein the trust property or some
<br />part or parcel therein is situated, a notice of default, identifying the Trustee by stating the names of the Trustor and
<br />names therein and giving the book and page where the same is recorded. a description of the trust property. and
<br />containing a statement that a breach of an obligation for which the trust property was conveyed as security has
<br />occurred, and setting forth the nature of such breach and of his election to sell or cause to be sold such property to satisfy
<br />the obligation; and (2) after the lapse of not less than one month, the Trustee shall give notice of sale as provided by
<br />Nebraska law. After notice of default and lapse of not less than one month, the Trustee shall give written notice of the
<br />time and place of sale particularly describing the property to be sold by publication of such notice. at lemit five times.
<br />once a week for five consecutive weeks, the last publication to be at least 10 days but not more than aD days prior to the
<br />sale, in some newspaper having a general circulation in each county in which the property to be sold, or some part
<br />thereof, is situated. Upon such sale, the Trustee shall execute and deliver a deed of conveyance of the property sold to
<br />the purchaser or purchasers thereof and anv statement or recital of fact in such deed in relation to the Hxercise of the
<br />power of sale and sale of the property described therein, including recitals concerning any mailing. personal delivery and
<br />publication of the notice of default, any mailing and the publication and posting of notice of sale. and the conduct of sale:
<br />and such recital shall constitute prima facie evidence of such compliance and conclusive evidence thereof in fuvor of bunu
<br />fide purchasers and encumbrancers of value and without notice. The Trustee's deed shall operate to convey to the
<br />purchaser, without right of redemption, the Trustee's title and all right, title, interest and cluim of the Trustor lInd his
<br />successors in interest and of all persons claiming by or through or under them. in and to the property sold, including all
<br />such right. tille, interest und claim in and to such property acquired by the Trustor or his Successors ill illtl'rest
<br />subsequent to the execution of the Trustee. The Trustee shull apply the proceeds of the TrUSll'l"s salt': first, to I Ill' cost
<br />and expenses of exercising the power of sale. lInd of the sale. including t he pa~'nll'nl of lilt' Truq pp.s fp..s al'l ually
<br />incurwd not to eXCL'l.'(1 the amount which may be provided in I he Trust De('ll. SPl'lIJIlI. 10 pa.vnll'll1 01 tIlt' ohligllll<1I1S
<br />B(,(~ufL'd hy the Trust Ik'Cd, und the hlllum'e, if any. to the I>l'rson or pl'rSlIns legnll~. I'lltitlpd 111l'1'"ltl
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<br />W'n.()lM <HI:- I1_M;
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<br />ORIGINAL
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