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<br />THIS DEED OF TRUST. made and entered into this / 0
<br />
<br />day of
<br />
<br />(J 88- 100544 ,
<br /><rl~.AA'-J .1911.
<br />AMERICAN TITLE TNS CC)'rrustee,
<br />
<br />TRUST DEED
<br />
<br />r
<br />
<br />by and between LAWRENCE LOUIS LEONARD SYDZYIK. Trustor. and 1 s t
<br />and AMRE INC. AN AUTHORIZED SEARS CONTRACTOR
<br />
<br />Beneficiary .
<br />
<br />whose address is 4949 W. ROYAL LANE, IRVING, TEXAS 75063
<br />
<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 />or hereafter erected or placed on the real estate. situated in HALL
<br />
<br />County. in the State of Np.braska:
<br />
<br />Property known as: LOTS ELEVEN (11) AND T\olELVE (12), IN BLOCK FOUR (4), IN THE ORIGINAL TOWN
<br />OF CAIRO, HALL COUNTY, NEBRASKA.
<br />Filed for Record March 5, 1980 at _.M.
<br />
<br />in Book 80
<br />
<br />of Deed s
<br />
<br />Page 001296
<br />
<br />and possession of said premises now delivered unto said Trustee;
<br />
<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.
<br />
<br />IN TRUST HOWEVER, for the following described purposes: WHEREAS. the Trustor did on this date execute a
<br />home improvement Retail InstaIlment Contract ("Contract") evidencing an amount financed (unpaid Contract balance) of
<br />$ 9000.00 and interest thereon according to the terms of said Contract; said Contract
<br />being payable in monthly installments ;:.t 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
<br />The Total Sale Price of said Contract is $ 16608 .00 and is for services and goods described as
<br />INSTALLATION OF SIDING, INSm.ATION & TRTM.
<br />,said work estimated to be completed (p) T;ml1"ry 1 'i, 1 q8R
<br />
<br />
<br />It is agreed by and between the parties hereto that until filing of Notice of Default, the Trustor shall: (1) pay all
<br />present and future taxes and assessments, general and special, against said property before the same becomes
<br />delinquent or actionable; (2) keep all improvements erected on the land insured as may be required from time to time by
<br />beneficiary against loss by fire and other hazards, casualties and contingencies, in such amounts and for such periods as
<br />are reasonable and may be required by beneficiary. and to keep all policies of such insurance in force or effect upon the
<br />property herein described constantly assigned and delivered to beneficiary, (3) pay and comply with all of the terms and
<br />conditions of any lien, claim or indebtedness that may be senior to or take precedence to this Trust Deed as soon as any
<br />such payment on such lien. claim or indebtedness shall become due; and upon failure of Trustor to keep any said
<br />agreements, beneficiary may pay such tax. pay for such insurance or payoff 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 agrees 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.
<br />
<br />L
<br />
<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 ref:,>ister 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 mont.h. the Trustee shall give written notice of the
<br />time and place of sale particularly describing the property to be sold by publicat,ion of such notice, at least five times.
<br />once a week for five consecutive weeks. the last publication to be at least 10 days but not more than 30 days prior to the
<br />sale, hi some newspaper having n 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 any statement or recital of fact in such deed in relation to the exercise 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 Buch recital shall constitute prima facie evidence of such compliance und conclusive evidence thereof in favor of bona
<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 daim of the Trustor and 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. title, interest and claim in and to such property acquired by the Trustor or his successors in interest
<br />subsequent to the execution of thl! Trustee. The Trustl'C shall uPllly the proceeds of the Trustee's sale: first, to the cosl
<br />and expenses of exercising the power of sale. and of the sule, IIlcluding the paYlllent of thl' Trustee's fees ac(ually
<br />incurred not to excl'tl(l the alllount which llIay be provided in tlw Trus( DCI'd, second, to pu~'mcnt of till' obligal ions
<br />securlocl by the Trust J)Ctld, and the balance, if uny. to the persoll or persons legall~' entitll'{! tlll'/'l,tll,
<br />
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<br />ORIGINAL
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