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F- <br />`'{ Y <br />TRUST DEED 101506 <br />87- <br />THIS DEED OF TRUST, made and entered into this 18th day of March .19 87 <br />by and between ROGER W POPPERT SINGLE PERSON , Trustor, and FIRST AMERICAN TITLE INSURANCE COMI')'AMee, <br />rand SECURITY PACIFIC FINANCE CORP Beneficiary: <br />WITNESSETH: That the Trustor does by these presents grant, bargain and sell, convey and confirm with Power of Sale unto the <br />Trustee the following described Real Estate including all buildings. improvements. and fixtures of every kind now or hereafter erected or <br />placed on the read estate. situated in HALL County, in the State of Nebraska <br />LOTS 197 AND 198, BELMONT, AN ADDITION TO THE CITY <br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />and possession of said premises is now delivered unto said Trustee. <br />TO HAVE AND TO HOLD the same. with all rights. privilege-, 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 benefit. 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 State 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. <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 />❑ Revolving Loan Agreement of even date herewith (including particularly, but not exclusively, prompt payment of all sums <br />which are or may become payable firm time to time thereunder) and am extensions. renew als. modifications or refinancings thereof <br />which Revolving Loan agreement obligates Beneticiary, subfect to the conditions stated therein, to advance to Tntstor up to <br />S . plus finance and other charges. tare <br />El Note of even date herewith, in the principal ! :tu of U-S_ S 7411 71 payable in monthly installments of principal <br />and interest. with the balance of the indebtedness, if not sooner paid, due and payable on 3.1 23.( . 19" , <br />It is agreed by and between parties hereto that until filing of Notice of Default. the Trustor shall: (I 1 pay all present and future <br />tastes and assessmenm general and special, against said property before the same becimnes delinquent or actionable: (2) keep all improve- <br />ments erected on the land insured as may be required from time to time lsy heneficiary against loss by fire and other hazaids, casualties <br />and contingencies, in such amounts and for such periods as are reasonable and may be required by beneficiary. and to keep all policies <br />of such insurance in force or effect upon the property herein described constantly assigned and delivered to beneficiary: tat play 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 us keep <br />any said agreemenm beneficiary may pay such tax. pay for such insunance or pay ofT such liens or claims or indebtedness as the case <br />may be. and the money so expended. with interest at w" 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 shall become immediate)_ due and payablc at the - <br />option of the beneficiary: t41 specifically comer upon the Trustee the power of sale as provided in Nebraska last: y? retain pc+sseasi <?n <br />of the premises and collect the rents and revenues therefrom. <br />Upon payment of all the sum. secured by this Trust Deed, the Beneficiary shall request the Trustee to reconvey the properiy and <br />shall surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to the Trustor. Trustee shall recon%ey <br />the property without warranty to the person or persons legally entitled theito: but if default be made in the payment of said note or <br />any part thereof or am of the interest thereon when due or in the faithful performance of any or either of said agreements as aferesaid <br />then the whole of said note shall become due and be paid as hereinafter pmvided and this deed shall remain in force: the Trustee or <br />;- his attorney may proceed to sell the property in its entirety or in parcels at the option of the Trustee hereinheiore descritxd at public <br />auction, to the highest bidder, for cash. However. the power of sale herein conferred upon the Trustee shall not he exercised until t 1 t <br />the Trustee shall first file for record, in the office of the register of deedi of each coun.rt [therein the trust property or soiree hart or <br />parcel thereof is situated. a notice of default, identifying the Trustee by stating the names of the Trustor and names therein and =_wing <br />the book and )rage where the same is recorded, a description of the trust property, and containing a statement that a breach of an obligation <br />for which the trust property was conveyed as security has occurred, and setting forth the nature of such breach and of his election to <br />sell or cause to be sold such protrerty to satisfy the obligation: and (2 ) after the laps if not less than one month. the Trustee shall give <br />notice of sale as provided by Nebraska law. After notice of default and lapse of not less than ixte month. the Trustee shall give written <br />notice of the time and place of sale particularly describing the property to he sold by publication "t such notice_ at least five times <br />once a week fix five consecutive weeks. the last publication to be at least 10 dais but not more than 30 d-ivs prior to the fade in some <br />newspaper having a general circulation in each county in which the property to be sold or some pan thereot. is situated_ Lp *n .uch <br />sale, the Trustee shall execute and deliver a deed of conveyance of the property sold to the purchaser or purchasers there"[ and am <br />statement or rcvital of fact in such (feed in relation to the exercise of the power of Life and sale of the property de,ci ibed therein. utcludins <br />xexilal3 conceretng any mailing. pei3onal delivery and Pub f:calurn of the noiac or uc'i.ti n. ano m;riianc and the panirc;fiwn end pohux i <br />of notice of s41e, and the conduct of sale: and such recital shall const;iute pnrna lack e: idence -f such conipli.rnt c and cords, to ,v idence <br />thereof at favor of bona fide purchasers and encumbrancers for waluc and without notice Chr truster s deed ,hail nperatc t,+ onto <br />riftlf,,fiAt f <br />