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<br />TRUST DEED <br /> <br />88-102671 <br /> <br />THIS DEED OF TRUST. made and rntered into this <br /> <br />20~h <br /> <br />day of <br /> <br />lA..y <br /> <br />.191!!L- <br /> <br />r <br /> <br />by and between Allen Scott Helaeson and JOAephi n." Trustor. and <br />M. Helgeson, Husband and Wife as Joint Tenants <br />and Securi tv Pacific Financial ServicAA . Beneficiary; <br />of Iowa Inc. <br /> <br />First American Title Insurance <br />company <br /> <br />. Trustee. <br /> <br /> <br />WITNESSETH: That the Trustor does by these presents grant, bargain and sell, convey and confirm with Power of Sale unto the <br />Trustee the following described Real Estate including all buildings. improvements, and fixtures of every kind now or hereafter erected or <br />placed on the real estate, situated in Hall County, in the State of Nebraska: <br /> <br />Fractional Lot 1 in Block 11 of Charles Wasmer's Addition to City <br />of Grand Island and its Compliment to Wit all of Fractional Block <br />11 of Palmer's Subdivision of Lot No.7 of County Subdivision ' <br />Southeast ~ of Southwest ~, Section 16 in Township 11 North of <br />Ra~ge 9 Wast of 6th P.M., Hall County, Nebraska. <br /> <br />and possession of said premises is now delivered unto said Trustee: <br /> <br />TO HAVE AN D TO HOLD the same, with all rights, privileges, and appurtenances thereto belonging unto the Trustee, his executors. <br />administrators, heirs, and assigns forever. And the Trustor hereby expressly waives. releases, and relinquishes unto the TruSlee all right, <br />title. claim, interest, benefit, and estate whatever. in and to the above-described premises and each and every part thereof, which is given <br />by or results from all laws of the State of Nebraska pertaining to the exemption of homestead. And the Trustor covenants with the Trustee <br />that he will forever warrant and defend the title to the same against the lawful claims of all persons whomsoever. <br /> <br />IN TRUST HOWEVER, for the following described purposes: To secure fuii and prompt performance of all the terms and condi- <br />tions of that <br />o Revolving Loan Agreement of even date herewith (including particularly. but not exclusively. prompt payment of all sums <br />which are or may become payable from time to time thereunder) and any extensions. renewals. modifications or refinancings thereof. <br />which Revolving Loan Agreement obligates Beneficiary, subject to the conditions stated therein, to advance to Trustor up to <br />,$ , plus finance and other charges, (or) <br />iii Note of even date herewith, in the principal sum of U.S, $ F;770 Ql> payable in monthly installments of principal <br />and interest, with the balance of the indebtedness, if not sooner paid, due and payable on ..,,~. 25 . 19..2L. <br /> <br />It is agreed by and between parties hereto that until filing of Notice of Default, the Trustor shall: ( I) pay all present and future <br />taxes and assessments. general and special, against said property before the same becomes delinquent or actionable; (2) keep all improve- <br />ments erected on the land insured as may be required from time to time by beneficiary against loss by fire and other hazards, casualties <br />and contingencies, in such amounts and for such periods as are reasonable and may be required by beneficiary, and to keep all policies <br />of such insurance in force or elTect upon the properly herein described constantly assigned and delivered to beneficiary; (3) pay and <br />comply with all the terms and conditions of any lien, claim or indebtedness that may be senior to or take precedence over this Trust <br />Deed as soon as any such payment on or of such lien. claim or indebtedness shall become due: and upon failure of Trustor to keep <br />any said agreements, beneficiary may pay such tax, pay for such insurance or payoff such liens or claims or indebtedness as the case <br />may be, and the money so expended, with interest at 9% per annum. shall be secured b~' this Trust Deed, and the Trustor agrees to repay <br />the same upon demand. and upon failure to do so the balance of the attached note shall become immediately due and payable at the <br />option of the beneficiary; (4) specifically confer upon the Trustee the power of sale as provided in Nebmska law; (5) retain possession <br />of the premises and collect the rents and revenues therefrom. <br /> <br />Upon payment of all the sums secured by this Trust Deed. the Beneficiary shall request the Trustee to reconvey the property and <br />shall surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to the Trustor, Trustee shall reconvey <br />the property without warranty to the person or persons legally entitled thereto: but if detault be made in the payment of said note or <br />any part thereof or any of the interest thereon when due or in the faithful perlormance of any or either of said agreements as aforesaid. <br />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 <br />his attorney may proceed to sell the property in its entirety or in parcels at the option of the Trustee hereinbefore described at public <br />auction, 10 the Ilighest bidder. for cash. However. the power of sale herein conferred upon the Trustee shall not be exercised umil (I) <br />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 <br />parcel thereof is situated. a notice of default, identifying the Trustee by stating the names of the Trustor and names therein ;Illd giving <br />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 <br />for which the trust property was conveyed as security has occurred, and selling forth the naturc of such breach and of his election to <br />sell (.r CIluse to be sold such property to satisfy the obligation: and cn after the lapse of not less than one month. the Trustee shall give <br />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 <br />notice of the time and place "f sd.le particularly describing the property to be sold by publication nf such notice. al leas! liye times. <br />once" week for five consecutive weeks, the last publication to be al least 10 days hut not more than .\0 da), pnnr III the sah:. in some <br />newspaper having 11 general circulation in each county in which the property to be sold. or some part therenf. " "llIated, tlpnn slIeh <br />sale. the Trustee shall execute and deliver II deed of conve~ancr of the property sold to the purchaser or purchascrs thereof aud any <br />statementllf recitalllf Ihct in such deed in relation tolhc exercise of the power of sale and sale of the prnperty descrihed therci n. mduding <br />recitals concerning auy mailing. personal delivery and publication nf the notice of default. an~' mailiult :lIld the pubhcaUon and posting <br />of noUcc or ..ale. aud the conduct of sale; and such recital shall constitute prima faC1e eVidence "f such cOl11pllann' and <,<",elUSIVC c\ldence <br />!hereof In ravor of bona fide purchasers and encumbmllcers for value :lIul without nollce, 1 he hllS'"e", ,ked ,hall "pem\<' tll <,<'nye)' <br /> <br />l1l1 in O~'fll ut <br /> <br />ORIGINAL <br />