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TRUST DEED ;'y' 88- 10667S THIS DEED OF TRUST. mode ond enlered into this 8th dllY of December ,Il)~ r by and between Dale L. Hatcher and Ann Z. fJatcher"Trmanr, and First American Title Insurance Co . Trustee, as Joint Tenant:s and Seourit:v Pacific Financial Services of IP9:!tJcficiary; Inc. WITNESSETH: Thotlhe Trustor does by these presents gmnt. horgain and scll. convey and confirm with Powcr of Sole unlo the Trustee the following described Reol Estute including 011 buildings. Improvements, ond fixtures of every kind now or hereofter ereelcd or ploced on the reol estate. situated in Hall County. in the State of Nebmsk", Lot 1, Block 5, ClausEien Country View Add! tion to the City of Grand Island, Hall County, Nebraska. and possession of said premises is now delivered unto said Trustee: TO HAVE AND TO HOLD the some. with 011 rights. privileges. ond appurlcnonces thereto belonging unto the Trustee. his executors. administrators, heirs. and assigns fo~ver. And the Trustor hereby expressly waives, releases, and relinquishes unto the Trustee all right. title, claim. interest. benefit. and estate whatever. in and to the above-described premises and each and every part thereof, which is given by or results from.aU laws of the State of Nebraska pertaining to the exemption of homestead. And the Trustor covenants with the Trustee that he will forever warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TRUST HOWEVER. for the following described porposcs: To secure full and prompt performance of allthc terms and condi- tions of that o Revolving Loan Agreement of even date herewith (including particularly. but not exclusively, prompt payment of all sums which are or may become payable from time to time thereunder) and any extensions. renewals. modifications or refinancings thereof, which Revolving loan Agreement obligates Beneficiary, subject to the conditions stated therein. to advance to Trustor up to S , plus finance and other charges. (or) iii Note of even date herewith, in the principal sam of u.s, $4821.89 poyoble in monthly installments of principal and interest. with the balance of the indebtedness. if not sooner paid. due and payable on 12/13/93 , 19_. It is agreed by and between parties herelo thai until filing of NOlicc of Default. the Trustor shail: ( I) pay 011 present and foture taxes and assessments, general and special. against said property before the same becomes delinquent or actionable: (2) keep all improve- ments erected on the land insured as may be required from time to time by beneficiary against loss by fire and other hazards. casualties and contingencies. in such amounts and for such periods as are reasonable and may be required by beneficiary. and to keep all policies of such insumnce in force or effect upon the property herein described constantly assigned and delivered to beneficiary: (3) pay and comply with all the terms and conditions of any lien. claim or indebtedness thal may be senior to or take precedence over this Trust Deed as soon as any such paymenl on or of such lien. claim or indebtedness shall become due; and upon failure of Trustor to keep any said agreements. beneficiary may pay such tax. pay for such insurance or pay arT such liens or claims or indebledness as the case may be. and the money so expended. wilh interest at 9% per annum. shall be secured by lhis Trust Deed. and the Truslor agrees to repay the same upon demand. and upon failure to do so the balance of the aUnched note shall become immediately due and payable at the option of the beneficiary; (4) specifically confer upon the Trustee the power of sale as provided in Nebrnska law; (5) retain possession of the premises and collect the rents and revenues therefrom. Upon payment of all the sums secured by this Trust Deed, the Beneficiary shall request the Trustee 10 reconvey the property and shall surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to the Trustor. Trustee shall reconvey the property without warranty to the person or persons legally entitled thereto: but if default be made in the payment of said nole or any part thereof or any of the interesl thereon when Llue or in the faithful performance of any or either of said agreements as aforesaid, 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 his attorney may proceed to sell the properly in its entirety or in parcels at the oplion of the Trustee hereinbefore described at public auction, to the highest bidder. for casft However. the power of sale herein conferred upon the Trustee shall not be exercised until (I) the Trustee shaJl first file for record. in the office of the register of deeds of each county wherein the trust property or some part or parcel thereof is situated. B nOlice of default, identifying the Trustee by stating the names of the Trustor and names therein and giving the book and page where the same is recorded. a description of the trust property. and conlaining a stalemenl that a breach of an obligation for which the trust property was conveyed as security has occurred. and setting forth the nature of such breach and of his election to sell or cause to be sold such propeny to satisfy the Obligation; and (2) after the lapse of not less than one month. the Trustee shall give notice of sale as provided by Ncbraslm law. Aner nOlice of default and lupse of not less than one month. Lhe Trustee shall give written notice of the time and place of sale particularly describing the property to be sold by publication of such notice. uL lellsl live limes. once a week for five consecutive weeks. lhe last publication to be at least JO days but not more thun 30 days rrior 10 the sale. in some newspaper having a general circulation in each count}' in which lhe propeny to be sold. or some part thereof, is situaled. Upon such sale, the Trustee shall c,"ccute and deliver u deed of cOllveyance of the properly sold to the purchaser or pun:husers Ihereof amI all)' statement or recital of fact in such deeLl in relation to the exercise of the rower or sale and sale of Ihe pmpcn}' de~~ribcd Iherein. inchltJing recitals concerning any ffiuiling, personal delivery and pUblication of the notice of delaull. an}' mailing and the publicatiun and rllsting of nollee of !l.ulc. ;!Od the conduct or sale; and such reciUtl shall constitute prima fade cviLlcncc of such compliance and conclusive evidence Ihereur In fa'wnr 01' buna fide purchllsers and cncumbram:crs for value and without noticr:. The TruslCC's Llccu ...hall tlpcr:l!L' 10 convt!y ~u I rO-Q2Br NE ORIGINAL