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<br />TRUST DEED
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<br />(y88~... 3.00768
<br />, 19 ~1-
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<br />TillS lHo:ED OF THUST, made LOnd entered into this___L'2--uda~' of [X,-': ~<;,~~-=-i~
<br />DOUGLAS E. HCDONALD and wife, Flrst An'erican Title
<br />by and uetween _IlElillRAlL J. MCDONALD ____ _____ ,Trustor, and ,In5Ur~..<::~ .c::.~}'_ _ ______, Trustee,
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<br />an~AMRE INC. AN AUTHORIZED SEARS CONTRACTOR
<br />4949 H. ROYAL LANE, IRVING, TEXAS 75063
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<br />___________ _._____Beneficiary,
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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 confirrr: with Power of Sale
<br />unto the Trustee the following described Real Estate including all buildings, improvements, and fixtures of every kind now
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<br />HALL
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<br />or hereafter erected or placed on the real estate, situated in
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<br />County, in the State of Nebraska:
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<br />Property known as:
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<br />SEE EXHIBIT "A" ATTACHED.
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<br />Filed for Hecord_
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<br />at
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<br />_.1'1.
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<br />in Book___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 allla'Ns 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 HOWEVEH, for the following described purposes: WHEREAS, the Trustor did on this date execute a
<br />home improvement Hetail Installment Contract ("Contract ") evidencing an amount financed (unpaid Contract balance) of
<br />$ 6914.00 _ and interest thereon according to the terms of said Contract; said Contract
<br />being payable in monthly 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 Said on or before - .
<br />The Total Sale Price of said Contract is $ 120 7. 36___and is for services and goods described as
<br />INSTALLATION OF SIDING, INSULATION & TRU1.___ ____u ______
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<br />_ . said work estimated to be completed _Ce.J_Deccmhar 18, 1987
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<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 01 sale as provided in Nebraska law: (51 retain possession of the premise,:
<br />and collect the rents ami revenues therefrom.
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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 an~' part thereof or any of the intert'st 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 d"scribed 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 tht' rpgistl'r of deeds of each mun!\' whprpin the trust propert~' or some
<br />part or parcel therein is situated, a notice of default. identifying the Trustee by stating the names of the Trustor ilnd
<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 naturl' of such breach and of his election to sell or cause to bl' sold such property to satisfy
<br />the obligation; and (2/ after thl' lapse of not less than o Ill' month. the Truslt'p shall gin. notice of sale as provided by
<br />Nebraska law. After notice of default and lapse of notle;;s than one month. the Trustee "hall gin' wriUen notice of the
<br />time and place of sale particularly describing the property to be sold by publication of slJch notice, at least fivt' 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, in some newspaper having a general circulation in each county in which t Ill' property to be sold, or some part
<br />thereof, is situated. Upon such sale, the Trustee shall execute and deliver a deed of l'OIl\'eY,lllce of the property sold to
<br />the purchaser or purchasers thereof and any statement or recital of fact in such dpl'd in relation to the exercise of the
<br />power of sale and sale of the property described therein, including recitals <:oncl'rning an~' 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 ('\'idt'n<:p tht'n'of in favor of bona
<br />fide purchasers and encumbrancers of value and without notice. The Trust.l~"s deed shull operate to COl,l\',<'y tll the
<br />purchaser, without right of redemption, the Truslt'("s title and all right, title, interest ilnd claim 01 tlH' Trustor and his
<br />Sllccessors in interest and of all persons daiming by or through or under tlll'lll, in and to t Ilt' f1ropl'rt~' ~old, including all
<br />such right, title, interest and claim in and to such property llcquin'd by the Trustor or his SUI'C(',SOrs in illt< rpsl
<br />sllbsequpnt to thl' l'xecution of the Trw,tl'l', TI\l' Trustee shall apply till' prlll'et'lls IIlllll' Truske's sail,; firsl, III I Ill' ('llsI
<br />and eXIlt'nses of exercising the power of sale. and of till' saIl'. including lilt' pal'IlH'lll of lht, '1'1'11'11'1'" 11'1" ;ll'lulIllv
<br />incurred not to t'xl'l'('(l t Ill' amount which lTlilY h<, pro"Ilit'd il~ till' Tru'.t 1>.'l'c I. "PC, O1HI. l II pll.'"" 'Ill 01 1111' "hill:lI I '"IlS
<br />secured by tlll' Tnull. Ueell. and the hill a Ilt't', [f any, to till' pt'rsoll "' 1','rSIIlls Io'!:lll h' PilI lll"d tlll'n'l (I
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