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<br />TRUST DEED
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<br />tar r
<br />88- 108147
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<br />THIS DEED OF TRUST. made and entered into this
<br />
<br />14th
<br />
<br />day of
<br />
<br />November
<br />
<br />, 19!!!!.-
<br />
<br />by and between Robert J. Melgoza and Sally Melq,~stor, and First Amedcan Ti Us Insurance Co , Trustee,
<br />Husband and Wife as Joint Tenanto
<br />and securi ty Pacific Financial Services of I,ClJ8lelil!illry;
<br />
<br />WITNESSETH: That the Trustor does by these presents grunt, bargain and sell, convey and confirm with Power of Sale unto the
<br />lhIstee 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, sliuated in Hall County, in the State of Nebraska:
<br />
<br />
<br />Lot 3 in Block 9 of Lambert's Addition to city of Grand Island,
<br />Hall County, Nebraska.
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<br />and possession of said premises is now delivered unto said Trustee:
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<br />TO HAVE AND 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 Trustee all right,
<br />title. claim. interest. benelit. 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 Stale 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,
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<br />IN TRUST HOWEVER, for the following described purposes, To secure full 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 />GiI Note of even date herewith, in the principal sum of U,S, $ 8191. 49 payable in monthly installmenl> of principal
<br />and interesl, with the balance of the indebtedness, if not sooner paid, due and payable on 11/18/94 , 19_,
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<br />It is agreed by and belween parties hereto that until filing of Notice of o.:fault, 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 erecled on the land insured as may be required from time to lime by beneficiary against loss by fire and other hazards, casualties
<br />and contingencies, in such amounts and lor such periods as are reasonable and may be required by beneliciary. and to keep all policies
<br />of such insurance in force or effect upon the property herein described constantly assigned and delivered to beneliciary; (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, beneliciary may pay such tax. pay for such insumnce or payoff such liens or claims or indebtedness as the case
<br />may be, and lhe money so expended. with interest al 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 shalJ become immediately due and payable at the
<br />option of the beneficiary: (4) specilically confer upon lhe Trustee the power of sale as provided in Nebraska law; (S) retain possession
<br />of the premises and collect the renl> and revenues therefrom.
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<br />Upon payment of all the sums secured by this Trust Deed, the Beneliciary 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 Truslor, Trustee shall reconvey
<br />the property without warranty to the person or persons legally entitlea thereto; but if default be made in the payment of said note or
<br />any part thereof or any of the interest thereon when due or in lhe faithful performance 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 aUorney may proceed to sell the property in its enlirety or in parcels at the option of the Trustee hereinbefore described at public
<br />auction. to the highest bidder, for cash, However. the power of sale herein conferred upon lhe Trustee shall not be exercised until (1)
<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 situaled, a notice of defaul~ identifying the Trustee by stating the names of the Truslor and names therein and giving
<br />the book and page where the same is recorded, a description of the Irust property, and containing a statementthal a breach of an obligation
<br />for which the trust property was conveyed as security has occurred. and seUing forth the nalUre of such breach and of his election to
<br />sellar cause to be sold such property to satisfy the obligation: and (2) after the Japse of 1I0tless than one month, tlte 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 wriuen
<br />notice of the time and place of sale particularly describing lhe properly to be sold by publication of such nOlice, at least live times,
<br />once a week for five consecutive weeks, the last publication to be at least 10 days but nol more than JO days prior to the sale. in some
<br />newsp;lper having a general circulation in each county in which the property to be sold. or some parl thereuf. is situated. Upon such
<br />sale. the Trustee shall execute and deliver a deed of conveyance of the properly sold to the purchaser or purchasers thereof and any
<br />statement or recital of fact in such deed in relation to the exercise of the power of sale and sale of thc rm1(lert)' descrihed therein. including
<br />recitals concerning any mailing. persolial delivery and publication of the notice of default. lmy rmllling and the puhlication and posting
<br />of notice of sale. (lnd the conduct of sale; and such J!:citul shall constitute prima facie cvidcm:c ~lf such ClllTlpltllllt"C and conclusive evidence
<br />thereof in favor of bona lide: purchaseOi and encumbmncers for value and without nolleC'. The fru!l.lcc'.. deed ,tlilll "pcratc In COIl\'C~
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<br />2Q'T~28r HE
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<br />ORIGINAL
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