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'TRUST DEED <br />7-^" 105380 <br />THIS DEFT) OF TRUST, attidt) and entered into this ..�+> �� day +al o>, A1? 19 7. <br />by and between ]p W .. W h- Trustnr, aril _ _ Trut. <br />Husband and Wife an Joint 'Tenants <br />and Beneficiary; <br />I'TNESSETH. That the Trustor does by these presents grant, bargain and sell, convey and confirm with Power of Sale unto file <br />Trustee ttfe following described Real Estate including all buildings, improvements, and fixtures of every kind stow or he ter erected or <br />placed on the real estate, situated in Hall County, in the State of Nebraska: <br />Lot 8, Block 126, Union Pacific Railway Company's Second Addition to the City <br />of Grand Island, Hall County, Nebraska. <br />and possession of said premises is now delivered unto slid 'Trustee; <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 file 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 peribnnance 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 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 />S , plus finance and other charges. (or) <br />® Note of even date herewith. in the principal sum of U.S. $ 5585.31 payable in monthly installments of principal <br />and interest, with the balance of the indebtedness. if not sooner paid, due and payable on ScRtember 10 . Iqn—. <br />It is agreed by and between parties hereto that until filing of Notice of Defitult, the Trustor shall: (1) 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 erected on the land insured as may he required from [line to time by beneficiary against loss by fire and other hazards, casualties <br />and contingencies, in such amounts and l or 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; (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. beneficiary may pay such tax, pay for such insurance or pay off such liens or claims or indebtedness as the case <br />may be. and the money so expended, with interest at 9`Y per annum, shall be secured by this Trust Teed. 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 immediately due and payable at the <br />option of the beneficiary; (4) specifically confer upon the Trustee the power of sale as provided in Nebraska law; (5) retain possession <br />of the premises and collect the rents and revenues therefrom. <br />Upon payment of all the sums secured by this Trust Deed, the Beneficiary shall request the Trustee to reconvey the property and <br />T surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Teed to the Trustor. Trustee shall reconvey <br />the properly without warranty to the person or persons legally entitled 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 the faithful performance of any or either of said agreementsas aforesaid. <br />then the whole of said note shall become due and he paid as hereinafter provided, 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 hereinbefiore described at public <br />to the highest bidder, for cash. However, the power of sale herein conferred upon the Trustec 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 />pared thereof is situated, a notice of default, identifying the Trustee by slating the navies of the Trustor and navies therein and giving <br />the book and page where the same is recorded, a description of the trust property, and containing a statement that a breach of all obligation <br />fix which the trust property was conveyed as security has occurred, and setting Borth the mature of such breach and of his election to <br />will " cwAu to be sold such property to satisfy the obligation: and (2) after the lapse of not less than one month, the Trustee shall give <br />name of as provided by Nebraska law. After notice of default and lapse of not less than one month, the fruslce shall give written <br />notuct of the tine and place of sale particularly describing the property to be sold by publication of such notice. at least five times. <br />once a L week for five cc utive weeks. the last publication to loc at least 10 days but not tnore than 3t) days prior to the sale. in uomc <br />1 newspaper having a general circulation in each county in which the property to he sold, to some part ihereol, n situated t p +n such <br />Trisote shall execute and deliver a deed (it' conveyance of the property sold to the purchaser or purchaser-, thercol ,roil any <br />stalcomm or recital of fact in such deed in relation to the exercise of the pc»ver of sale and sale of the property desershetl thctem, mcluding <br />rock concerning any mailing, personal delivery and publication of the notice of default, any owathup, and Use puhhrau"as and p«sting <br />ot n ifsce of ale, and €lie c€istduct of stile; and much recital shall constitute prima fitcie evidence of such cotnphan:e rsnd cnnclussvC cs tdence <br />ttwm4 in favor of homa Cod€ purchasers and ericumbrancers for value and without notice_ the tnrstee'e decal shall .ycr,uc a,. t mvev <br />r, <br />