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<br />88- 105088 <br /> <br />Upon pn,'ment of nllliums sccured by lhis Truel Deed, Beneficiary shoJI requcal Trustee to reconvey the Property and shnllllurrcnder <br />this Trust Deed nnd nil NOll~'8 evidencing indebtedness secured by this Trust Deed 10 Trustee. Trustee sholl reconvey the Property, <br />without warrant,. 10 thr person or persons legally en tilled thereto. Ir defDuh be mnde in thcl.oyment of Instalments nn the loon when <br />due or in the fauhrol pcrfoimllncc of nny or either of the agrecmcn16 made in this Trust Dee I then the whole of the loan ahall become <br />due ond pnyable~ and this Trust Deed snail remain in force with Trustee or his attorney proceeding to sell the Property In ilB entirety Of <br />in parcels 01 the ortian of Trustee, at public auction, to the highest bidder and for cash. However, the Power of Sale herein conferred <br />upon Trustee 5hol not be exercised until Trustee files for record. in the office of the Register of Deeds of each county in which the <br />Property is situated, 0 Notice of Default, identifying the Trustee, stating the names of the Trustor, giving the book Bnd poge where thill <br />Trust Deed is recorded, containing a description of the Property. stating that a breach of on obligation for which the Property was <br />conveyed as security has occurred, and setting forth the nature of the breach and of Trustee's election to Bell or couse to be sold that <br />Property to satisfy the obligation. After the lapse of not less than one month, Trustee shall give Notice of Sale, as provided by Nebraska <br />law. <br /> <br />After Notice of Default and lapse of not less than one monUI, Trustee shall give written notice of the time and place of sale, particularly <br />describing the Property to be sold by publication of that Notice, at least five times, once 0 week for five consecutive weeks, the last <br />publication to be at least 10 days but not marc than 30 days prior to the sale, in a newspaper having a general circulation in each <br />county in which tht! Property to be sold, is situated. Upon sale, Trustee shall exeaute and deliver a deed of conveyance of the sold <br />Property tll the purchaser or purchasers of that Property. Any statement or recital of fact in that deed, in relation to the exercise of the <br />Power of Sale and sale of the sold Property, including recitals concerning any mailing, personal delivery imd publication of the Notice <br />of Default llnd any mailing, publication and posting of n notice of sale, and the conduct of sale, shall constitute prima facie evidence of <br />compliance with Nebraska statutes and conclusive evidence of such compliance in favor of bona fide purchasers and encumbrancers for <br />value and without notice. The Trustee's Deed shall operate to convey to the purchaser, without right of redemption, Trustee's title and <br />all right, title, interest and claim of Trustor1 his successors in interest and of all persons claiming by or through or under them. in and to <br />the sold Property including all such right. title, interest and claim in and to that sold Property acquired by Trustor Of his successors in <br />interest subsequent to the execution of Trustee. Trustee shall apply the proceeds of sale, first, to the cost and expenses of exercising the <br />power of sale, as well as the cost of salc, including payment of Trustee s fees actually incurred. and second, to payment of the unpaid <br />balance of the Actual Amount of Loan plus interest, and the balance, if any. to the person or persons legally entitled thereto. <br /> <br />And Truslee covenants faithfully to perform the Trust herein created. <br /> <br />BENEFICIARY, from time to time, may substitute a successor or successors 10 any Trustee named herein or acting hereunder to <br />execute powers created under this Trust Deed. Upon appointment and without conveyance to the successor Trustee, successor Trustee <br />shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment <br />and substitution shall be made by written instrument and executed by Beneficiary, containing reference to this Trust Deed and its <br />place of record, which, when recorded in the office of the Register of Deeds of the county or counties in which the Property is situBted, <br />shall be condush..e proof of proper appointment of the successor Trustee. The foregoing power of substitution and the procedure <br />therefor shall not be cxclush'e of the power and pror:edure provided for by law for the substitution of a Trustee or Trustees in the place <br />of the Trustee or Trustees named herein. <br /> <br />If Trustors voluntarily shall sell or convey the Property, in whole or in part. or any interest in that Property or by some Bct or means <br />di\'est themselves of title to the Property without obtaining the written consent of Beneficiary, then Beneficiary, at its option. may <br />declare the entire balance of the loan plus interest on the balance immediately due and payable. This option shall not apply if (1) the <br />sale of the Propert)' is pennitted because the purchaser's creditworthiness is satisfactory 10 Beneficiary and (2) that pur~haser, prior to <br />the sale, has executed a written assumption agreement conLnining terms prescribed by Beneficiary, including, if required. an increase <br />in the Rate of Charge. <br /> <br />This Trust Deed shall be construed according 10 the laws of the State of Nebraska. <br /> <br />Trustor requests that a copy of any Notice of Default and of any notice of sale hereunder be mailed to Trustor by certified mail at the <br /> <br />~~~:.:r.7.~~~~~~a...,..1J.I..;,..=f.,......,......".&~..~.d....."....;J;[~..~.l..s!.....,......,.1!..~".,...,.............~...8.~.,e..J.......,.............,.-...... <br /> <br />Evidence of such mailing shall conslitute evidence of receipt of that Notice. <br /> <br />The waiver by Trustee or Beneficiary of any dcfauh of Trustor under thi5 Trust Deed shall not be or be deemed to be a waiver of any <br />other or simi~ar defauhs subsequently occurring-. <br /> <br />This Trust Deed shall inure to and bind the hrirs, le~atee6. devisees. administrators, executors, successors and assigns of the parties <br />hereto. <br /> <br />Wherever the contcxt so requires. singular words shall be construed in the plural and vice versa, and the masculine gender shalt be <br />conslrutd to include the feminine and \'ice versa. <br /> <br />u~ ,-,.",.,.. ~ '. .".,.~"" <br /> <br />W Imess . <br />Witness <br /> <br /> <br />STATE OF NEBRASKA ) <br />COUNTY OF ._-&LteJ...................... ~ SS.: ACKNOWLEDGMENT <br /> <br /> <br />Befo;s;e, a Notary Puhli"J.,!u"ified br ,aid coun'y. pmonally came .~~....2t&L<b&/......:,.....:._.............. and <br />_. .(kfm_....2YL~~........_...._......... known to me to be the tdenl1cal person(s) who SIgned the foregomg mstrumtnt and <br />ackD'O.11~~d~-; ~ e~erution thereof to be his. her or their voluntarv act and deed. Witness m)' hand and Notarial Seal on <br />_~<~.L~. 19.,fJ' . <br /> <br />, ~/AU../ ,~ <br />....._ llliIIrIIb Nlll..r~' pul,hrulth..Sl.atr "IN"l"..La <br />ll--''' ....,s <br />............. 4, I. <br />