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<br />TRUST DEED <br /> <br />88- 103956 <br /> <br />THIS DEED OF TRUST. made and entered into this <br />Tony R. LopeZ and Alicia T. Lopez, Fi t <br />by and between Hllllbal\a alia will! . Trustor. and rs <br /> <br />19th <br /> <br />day of <br /> <br />July <br /> <br />.198~ <br /> <br />American Title Insurance Co . Trustee, <br /> <br />and Security Pacific Financial Services of IO~~j1jan:iary: <br /> <br />WITNESSETH: That the Trustor does by these presents grant, bargain and sell, convey and eonfinn with Power of Sale unto the <br />1h1stee the following described Real Estate including all buildings. improvements, and fixtures of every kind now or hereatler erected or <br />placed on the real estate. situated in Hall County, in the State of Nebraska: <br /> <br />The East 14 Feet of Lot 14, All of Lot 15, Block 5, Dill and <br />Huston Addition to the city of Grand Island, Hall County, Nebraska. <br /> <br />and possession of said premises is now delivered unto said Trustee: <br /> <br />TO HAVE AND m HOLD the same. with all rights, privileges. and appunenances thereto belonging URlO the Trustee, his executors, <br />administnuors, heirs, and assigns forever, And the Trustor hereby expressly w,,,ves. releases. and relinquishes unlO the Trustee all right. <br />title. claim, interest. benefit. and estate whatever. in and 10 the abow-descrlhed prcmlScs and each and cvery part thereof. which is given <br />by or results from all laws of lhe Stale of Nebraska pertaining 10 Ihe exemptilln of homestead, And the Trustor covenants with Ihe Trustee <br />that he will forever warront and defend the title to the same against the lawful cllllms of all persons whomsoever. <br /> <br />IN TRUST HOWEVER. for the followmg described purposes: To secure full and prompt perf(lrmance of all the terms and condi, <br />tions of that <br />o Revolving loan Agreement of even date herewith (indudm!! particularly, hut nllt exclUSIvely, prompt payment of all sums <br />which are or may become payable from time to time thereunder) and any' eXlenSlllns, renewals. modilicallOns or rclinancings Ihereof, <br />which Revolving loan AgreemeRl obligales Beneliciary. subjecI 10 Ihe conditions staled [herein, to lldvance [0 Trustor up to <br />$ , plus finance and other charges. (or) <br />iii Note of evet! dale herewith. in the principal sum of u.s, S 3617.16 payable in monthly installments of principal <br />and inlerest. with [he balance or the indehtedn.:.s, If nol sooner paid. due and paY':lble on .Tilly :016 ' 19~, <br /> <br />it is agreed by llnd between panics hereto thai until filing of Notice of DelilUlt. the Trustor shall: ( II pay all present and future <br />taxe~ and assessments. general and special. agamst said property before the same becomes delinquent or aCllonable: (2) keep all improve' <br />ments erected on the land insured as may be required fmm lime In lime 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 he required by beneficiary, and 10 keep all policies <br />of such insurnnce in force or effect upon the properlY herein descrlhed constantly aSSIgned and delivered to beneficiary: (3) pay and <br />comply with all the tenns and conditIOns of any lien, claim or mdebledness 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 mdebtedness shall become due: and upon failure of Trustor [0 keep <br />any said agreements, beneficiary may pay such tax. pay for sudl IIlsurnnce lH pal off such liens or claims or indebtedness as the case <br />may be, and the money so expended. wilh interest at 9~~, per annum. shall be secured by 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 immedilllely due and payable at the <br />option of the beneficiary: (4) specilically confer upon the Trustee the power of sale as provided m Nebrnska law; IS) relain possession <br />of Ihe premises and collect the rents and revenues therefrom, <br /> <br />L <br /> <br />Upon payment of all the sums secured by this Trust Deed. the Beneliciary shall request the Trustee 10 reconvey the property and <br />shall surrender this Trust Deed and all notes evidencing indebtedness secured hy this Trust Deed to the Trustor. Trustee shall reconvey <br />the property without warranty 10 Ihe person or persons legally entitled thereto: hut if default he made m tlte payment of said note or <br />any part thereof or any of the interest thereon when due or in the faithful perfonnance of any or either of Said agreements as aforesaid. <br />then the whole of said note shall become due and be paid as hereinafter prnvided, and LhlS deed shall remain in force: Ihe Trustee or <br />his allorney may proceed to sell the property in its entirety or in parcels at the option of the Trustee herembefore described at public <br />auction, to the highest bidder, for cash. However. the power of sale herein conferred upon the Trustee shall nO! be exercISed Ul1l1l II) <br />the Trustee shall first file for record, in the office of the register of deeds of each county wherein the trust property nr S,)lI1e pan or <br />parcel thereof is situated, a notice of defcult, identifying the Trustee by stating the names of Ihe Trustor and names tlierem and IPvmg <br />the book and page where the same is recorded, a description of the trust property, and containing a stlllement that a hreach of anobliga[ion <br />for which the trust property was conveyed as security has occurred, and seHmg Itlrlh the nature of such breach and of hiJ. c1ecti,lO 10 <br />sell or cause to be sold such property 10 satisfy the obligation: and (2) after the lapse of not less than one IIllHll h, I he Trustee shall give <br />noticCcDf sale as provided by Nebraska law. After notice of defauh and lapse of not less than one 1I10nlh, the Trustee shall give wnllen <br />nGticeOi' the time and place of sale particularly describing the properly 10 be sold hy puhlicalion of sllch notice, al le<lSl fivc tllnes, <br />once a week for five consecutive weeks. the last publicallon to be at leasl 10 days hut not lI10re than 30 days pnor 10 the sale, III ,orne <br />newspaptr having a gener.tl circulalion in each count)' in which the pmperl) to he ,old. or ,ome part thereof: is Situated, Upon ,,,ch <br />sale. the Trustee shall execute and deliver a deed of COnvelllnce of the )lropcrlr sold t(l [he purchaser or purchase" thereof and ,Ill~ <br />statement or recilal of fa<" '" such deed in relntion to the exercISe of lhe power (If sale llnd sale of the pn1perl\ de"nhed Lherell1. 111(I"dll1~ <br />recitals concerning any mailing. pel"ional dehvery and publication of the notIce of der'Hdt, an) maIling and ,he l'"hl"';lI,,'" ,Hid I',,'''I\~ <br />of nOlic.c of sale~ WId the conduct of ~ale; and such recilal shall cnnstitute prima facu: e'\'ldCIH':C Ilf '\lh:h l"t)lllphanrl' ,md l.'I\l11..1w,oI\\." n ld("nl.'l" <br />thcitof in favor of bona tide pUrch~L~~ and encumbrancen. fur value nnd wilhoU1 notice. The lru'l(~l'\ dl'l'd 'fl,,11 "l'l'!;Il(' hi l'\'II\('\ <br /> <br />2'Q 11(}.Q751 '* <br /> <br />ORIGINAL <br />