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<br />88- 106969 <br /> <br />TRUST DEED <br /> <br />I , <br /> <br />r( )"' l,~" .'1 ,i <br /> <br />THIS DEED OF TRUST, mndonndentcrcdintothls-29.-dnyel -5ep""mhPr , 19.88........ <br />Vinson as joint tenants <br />byandbctwcen~.TruBtor,and r.'riCl'" ~"";"'An 'fli""A TnRll"'::l~~8tCC. <br /> <br />an<L- All iAli F.nArgy Prnd,1CI:fL Rcnoficinry, <br /> <br />whose nddw.BS is <br /> <br />1500 E Anny Pmrt Rr1 I'F.R Mninp'!4 T., ,01'0 <br /> <br />WITNESSETH: Thnt the Trustor do by these prenants grant, bargain and sell, convey and confirm with Power of Snlo <br />unto tho Trustee the following described Real Estate including all buildings, improvements, and fixtures of overy kind now <br /> <br />Df hereafter erected or placed on the real estate, situated in <br /> <br />~::Il1 <br /> <br />County. in the State of Nebroslm: <br /> <br />Property known os: <br /> <br />Lot 179 r BuenaviGta Sulxiivison <br /> <br />Flied for Record <br /> <br />at <br /> <br />_.M. <br /> <br />in Book <br /> <br />of <br /> <br />Pege <br /> <br />and possession of said premises now delivered unto said Trustee; <br /> <br />TO HAVE AND TO HOLD the same, with all rights, privileges, and appurtenances thereto belonging unto the <br />Trustee, bis executors, administrators, heirs, and assigns forever. And the Trustor hereby expressly waives, releases, and <br />relinquishes unto the Trustee all right. title. claim, interest, benefit, and estaw whawver, in and to the above-described <br />premises and each and every part thereof, wbich is given bJ' or results from alllnws of the State of Nebraska pertaining to <br />the exemption of homestead. And the Trustor covenants with the Trustee thnt he will forever warrant and defend the title <br />to the same against the lawful claims of all persons whomsoever. <br /> <br />IN TRUST HOWEVER, for the following described purposes: WHEREAS, the Trustor did on this date execute a <br /> <br />home imp,."vement Retail Inst.allment Contract ("Contract") evidencing a Total of Payments of $ nnn nn , <br />being payable in monthly Inst.allments at such place as the Beneficiary may designate in writing from time to time. <br />Notwithstanding any provision contained herein or in said Contract to the contrary, if not sooner paid, all sums due and <br />owing under the terms of said Contract sball be paid on or before 9 po JRR . The Total Sale Price <br />of said Contract is $ 7700 00 and is for services nnd goods described as '0-5 ViT\yl ~irHng <br />WindO\~ f.4 Dc:xlr Trim Solar Sonrd Im:ml nt-inn r 7 Vinyl crank nut- Winc'kJ'w!=; 1 Pi~t-1TrP t'linnnw <br /> <br />,said work estimated to be completed ] 0 /9/HRA <br /> <br />It is agreed by and between tbe parties hereto that until filing of Notice of Default. the Trustor shall: (1) pay all <br />IIresent and future taxes and assessments, general and special, against said prollerty before the same becomes <br />delinquent or actionable; (2) keep all Improvements erected on the land insured as may be required from time to time by <br />beneficiary against loss by fire and other ha7.ards. casualties and contingencies, in such amounts and for such periods as <br />are reasonable and may be required by beneficiary, and to keep all policies of such insurance in force or effect upon the <br />property herein described constantly assigned and delivered to beneficiary. 13) pay and comply with all of the terms and <br />conditions of any lien, claim or indebtedness that may be senior to or take precedence to this Trust Deed as soon as any <br />such payment on such lien, claim or indebtedness shall become due; and upon failure of Trustor to keep any said <br />agreements, beneficiary may pay such tax, pay for such insur.nee or payoff such liens or claims or indebtedness as the <br />case may be. and the money so ""l"'nded together, thereon as provided by the terms of the aforementioned Contract, <br />sball be secured by tbis Trust Deed, and the Trustor agrees to repay the same upon demand, and upon failure to do sO <br />the balance of the attached Contract sball become immediately due and (lay able at the option of tbe beneficiary; 14) <br />specifically confer upon the Trustee the power of sule as provided In Nebraska law; (51 retain possession of the premises <br />and collect the rents and revenues therefrom, <br /> <br />Upon payment of all the sums secured by tbis Trust Deed, the Beneficiary shall request the Trustee to reconvey the <br />property and sball surrender tbis Trust Deed and all Contracts evidencing indebtedness secured by this Trust Deed to <br />the Trustor. Trustee shall reconvey the pr~perty without warranty to the person or persons legally entitled thereto: but <br />If default be made in tbe payment of said Contract or any part thereof or any of tbe interest thereon when due or in the <br />faitbful performance of any or eitber of said agreements as aforesaid, then the whole of said Contract shall become due <br />and be paid as hereinafter provided, and this deed sball remain in force; the Trustee or his attorney may proceed to sell <br />the property in its entirety or in parcels at the option of the Trustee hereinbefore described at public auction, to the <br />bighesfbidaer, for cash. However, the power of sale herein conferred upon the Trustee shall not be exercised until 11) the <br />Trustee sball first file for record, in the offiee of the register of deeds of each cOllDty wherein the trustrroperty or some <br />part or parcel therein is situated, a notice of default, identifying the Trustee by stating the names 0 the Trustor and <br />names therein and giving the book and page where the same is recorded, n description of the trust property, and <br />containing a statement that a breach of an obligation for which the trust property was conveyed as security has <br />occurred, and setting forth the nature of such breach and of his election to sell or cause to be sold such property to satisfy <br />the obligation; and (2) after the lapse of not less than one month, the Trustee shall give notice of ssle as provided by <br />Nebraska law. After notice of default and lapse of not less than one month, the Trustee shall give written notice of the <br />time and place of sale particularly describing the property to be sold by publication of such notice, at least five times, <br />once a week for five consecutive weeks, the last publication La be at least 10 days but not more than 30 days prior to the <br />sale, in some newspaper having a general circUlation in each county in which the property to be sold. or some part <br />thereof, is situated. Upon such sale, the Trustee shall execute and deliver a deed of conveyance of the property sold to <br />the purchaser or purchasers thereof and any statement or recital of fact in such deed in relation to the exercise of the <br />power of sale and sale of the property described therein. including recitals concerning any mailing, personal delivery and <br />publication of the notice of default, any mailin~ and the publication and posting of notice of sale. and the conduct of sale: <br />and such recital shall constitute prima facie eVIdence of such compliance and conclusive evidence thereof in favor of bona <br />fide purchasers and encumbrancers of value and without notice. The Trustee's deed shall operate to convey La the <br />purchaser, without right of redemption, the Trustee's title nnd all right, Litle, interest and clnim of the Trustor nnd his <br />successors in interest and of aU persons claiming by or through or under them. in nnd to the property sold. including nil <br />such right. title, interest and claim in and to such property acquired by the Trustor or his successors in inLeresl <br />subsequent to the eXL'CUtion of the Trustee. The TrusW8' shall apply the proceeds of the TrustL"C'S sail': first.. I.u Lht> cost <br />and expen5CS of exercising the power of sale. und of the sole. Including lhe payment of tht.. Tru:-lh',' ,- II'I'~ :!t't\lully <br />incurred not to exceed the amount which moX be provided in the Trust [)el-d. second, ~II pnyn1l'nl 01 t!ll' Clhhgllt.illn..:; <br />SCt..'Ured by Lhe Trust Dl"'Cd. and th~ balance. If any, lo the person tlr persons It'gully I'nlll h.tl t lU'n'W. <br /> <br />ORIGINAL <br />