<br />88- 105088
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<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.
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<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.
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<br />And Truslee covenants faithfully to perform the Trust herein created.
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<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.
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<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.
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<br />This Trust Deed shall be construed according 10 the laws of the State of Nebraska.
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<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
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<br />Evidence of such mailing shall conslitute evidence of receipt of that Notice.
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<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-.
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<br />This Trust Deed shall inure to and bind the hrirs, le~atee6. devisees. administrators, executors, successors and assigns of the parties
<br />hereto.
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<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.
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<br />W Imess .
<br />Witness
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<br />STATE OF NEBRASKA )
<br />COUNTY OF ._-&LteJ...................... ~ SS.: ACKNOWLEDGMENT
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<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
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