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TRUST DEED <br />7® 106693 <br />THIS DEED OF TRUST, made and entered into this 17th day of Nnvnmhar 19 _R7 <br />by and between 3*ay.m rrdi D u <br />and 10ina rrdTetstor, and First American Title Insurance Co. , Trustee, <br />1 Husband and Wife as Joint Tenants with Rights of Survivorship <br />and Security Pacific Financial Services , Beneficiary: <br />W ITNESSETH: 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 real estate, situated in Hall County, in the State of Nebraska: <br />The Westerly 59 Feet of Lot 4, Block 6, Westerhoff's First Subdivision to the <br />City of Grand Island, Hall County, Nebraska, Except the Southerly 30 Ftet <br />thereof Deeded to the City 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, 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, 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 ail 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 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 />19 Note of even date herewith, in the principal sum of U.S. $ 565565 .42- payable in monthly installments of principal <br />and interest, with the balance of the indebtedness, if not sooner paid, due and payable on November 23 19922 _. <br />it is agreed by and between parties hereto that until filing of Notice of Default. the Trustor shall H ) pay all present and future <br />taxes and assessments, general and special, against said property before the same becomes delinquent or actionable; ('_ 1 keep all improve- <br />ments erected on the land insured as may be required from time to time by beneficiary ag.,inst loss by fire and other hazards, 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; (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 fix 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 97;; 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 immediately due and payable at the <br />option of the beneficiary; (4) specifically confer upon the Trustee the potter of sale as py.),ided in Nebraska lam: t;) 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 recomey the property and <br />shall surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to the Trustor. Trustee shall reconvey <br />the property without warranty to the person or persons legalh entitled thereto: but if default be made in the payment of said note or <br />any part thereof or any of the interest thereon %),lien due or in the faithful performance of any or either of said agreements as 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 hereinbefore described at public <br />auction, to the highest bidder, for cash. However, the power of sale herein conferred upon the Trustee shall not be exercised until ( I ) <br />the Trustee shall first file for record. in the office of tire register of deeds of each county wherein the trust property or some part or <br />parcel thereof is situated. a notice of default, identifying the Trustee by stating the names of the Trustor and names therein and giving <br />the bootk and page where the same is recorded, a description of the trust property, and containing a statement that it 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 property to satisfy the obligation: and (2) after the lapse of 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 one month, the Trustee shall give written <br />notice of tine 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 to be at least 10 days but not more than 30 d tys prior to the sale. in some <br />newspaper having at general circulation tit each county in which the property to be sold or some part thereof. is situated. Cpon such <br />sale, live Trustee shall execute and deliver a deed of conveyance of (lie properly sold to the purchaser or purchasers thereot and any <br />statement or recital of fact in such deed in relation to the exercise of the power of sale and sale of the property descrtlxd therein. including <br />recitals concerning any mailing, personal delivery and publication otf the notice of default. any matlmg, and the publication and posting <br />of notate of sale. and the conduct of sale, and such recital shall cmnstaute prima facie evidence of such i omllh; me and conclusive c% tolence <br />thereof in favor of Mona fide purchasers and encumbrancers lix value and without notice The liustce s deed shall operate m conyO <br />.,91!1 - on! sit <br />0RIGWAL <br />i <br />