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I TRUST DEED 88- 101813 .. 8 day of April . I 98-L..... THIS DEED OF TRUST, made and entered into this Donald J. Medbery and Carolyn S. l-iedbery bv and betweenHusband & ,afe as Joint Tenants wi~ltrustor. and First Rights of Survivorship and not as Tenants in Common and Security Pacific Financial Services Of , Beneficiary; Iowa Inc. Americ.an Title Insurance Comp'lWNstee, 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 Nebraska: Lot 5 in Block 2, In Capital Heights 4th Subdivision being a part of the SW ~ Section 2 Township 11 North Range 10 West of the 6th P.}[. in Hall County, Nebraska and possession of said premises is now delivered unto said Trustee; m 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. 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 Nebraska 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 perfornlance of all the terms and condi- tions of that (]I Revolving Loan Agreement of e\'en date herewith (including particularly. but not exclusiwly. prompt payment of all sums which are or may become payable from time to time thereunder) and any extensi{lns, renewals. modifications or refinancings thereof, which Revol\ing loan Agreement obligates Beneficiary. subject to the conditions stated therein. to advance to Trustor up to S 11. 'i00 00 . plus finance and other charges.. (or) o Note of e\.en date herewith. in the principal sum of US. $ payable in monthly installments of principal and interest. with the balance of lhe indebtedness. if not sooner paid. due and payable on , 19_. It is agreed by and between parties hereto that until filing of Notice of Default, the Trustor shall: ( I ) pay all present and future taxes and assessment~, general 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 heneficiary 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 fOKe 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 Tnlst Deed as soon as an}' 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 otT such liens or claims or indebtedness as the case may be, and the mone}' 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) specificall}' confer upon the Trustee the power of sale as provided in Nebmska law: (5) retain possession of the premises and collect the rents and revenues therefrom. 1 j I ! -j i ! , .J Upon payment of all the sums secured by this Trust Deed. the Beneficiary shall request the Trustee to reconvey the property and sha.l1 surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to the Trustor. Trustee shall reconvey the property without \\'llJTllIlty to the person or persons legally entitled thereto; but if default be made in the payment of said note or any part thereof or any of the interest thereon when due or in the taithful performance of any or either of said agreements as aforesaid. then the whole of said note 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 Trustee shall not be exercised until (I) the 'frustee shall first file for record. in the office of the register of deeds of each county wherein the trust property or some part or pan;:eI thereof is situated. a notice of default. identifying the Trustee by stating the names of the Trustor and names therein and giving the boot 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 the trust property was conveyed as security has occurred, and setting forth the nature of such breach and of his election to . sell or cause to be sold such property to satisfy the 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 written notice of the time and place of sale particularly describing the property to be sold by publication of such notice, at least five times. once a week for five consecutive wed;s, the last publication to be a1 least 10 days but not lllore than 30 days pril)r to the sale. in SOllle newspaper having a general circulation in each count)' in which the property to be sold. or some part thereof. is situ,Hed. Upon such sale, the Tru~tee shaH execute 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 thell'ill, including recitals concerning any mailing. personal deli\'cry and publil'ation of the notice of def;lUlt. allY mailing and the puhlication and posting of notice fif sale, and the conduct of sale; and sllch recital shall constitute prima facie evidence of such compliance Hnl! conclusive evidenc!.' ttle~of in favor ()f bona fide purchasers and encumbrancers for value and without notice. The Trustee's deed shall "Jll'rate to convey 11 ~HO-m1J7 Nt ORIGINAL