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TRUST DEED 86-•- 1068" <br />THIS DEED OF TRUST, made and entered into this_ 15t _day of __December <br />First American Title Insu nce,Co. <br />by and between Glen Dale Muhlbach and Sheryl ,*#!R~Ach,,— ,rlarttsfcc, <br />Husband an -� itti_fe as Joint Tenants with Right of Survivorship and not as tenants in common <br />and ,— Security fiaei to Fina -- - - -- - -- — Beneficiary. <br />W)TNESSETH: That the Trustor do by these presents grant, bargain and sell, convey and confirm with Power of Sale <br />unto the Trustee the following described Real Estate including ail buildings, improvements, and fixtures of every kind now or <br />hereafter erected or placed on the real estate, situated in __ _ Hall; _ County, in the State of Nebraska: <br />Lot 1 in Block 2 in Gosda Subdivision, part of the Southeast ., Northeast <br />of Section 23, Township 11 North, Range 10 West of the 6th P.M., Hall <br />Property known as: County, Nebraska <br />Filed for Record___._ <br />and possession of said premises now delivered unto said Trustee; <br />at _- _.M. <br />in Book_ of <br />Page <br />TO HAVE AND TO HOLD the same, with all rights, privileges, and appurtenances thereto belonging unto the Trustee, <br />his executors, administrators, heirs, and assigns forever. And the Trustor hereby expressly waives, releases, and relinquishes <br />unto the Trustee all right, title, claim, interest, benefit, and estate whatever, in and to the above- described premises and each <br />and every part thereof, which is given by or results from all laws of the State of Nebraska pertaining to the exemption of <br />homestead. And the Trustor covenants with the Trustee that he will forever warrant and defend the title to the same against the <br />lawful claims of all persons whomsoever. <br />IN TRUST HOWEVER, for the following described purposes: WHEREAS, the Trustor did on this date execute a <br />Promissory Note evidencing a loan for the principal amount of y7237 , 40 and interest thereon <br />according to the terms of said Promissory Note: said Promissory Note being payable in monthly installments at such place as <br />the Beneficiary may designate in writing from time to time. Notwithstanding any provision contained herein or in said <br />Promissory Note to the contrary, if not sooner paid, all sums due and owing under the terms of said Promissory Note shall be <br />paid on or before __5__ <br />It is agreed by and between the parties hereto that until filing of Notice of Default, the Trustor shall; (1) pay all present <br />and future taxes and assessments, general and special, against said property before the same becomes delinquent or actionable; <br />(2) keep all improvements erected on the land insured as may be required from time to time by beneficiary against loss by fire <br />and other hazards, casualties and contingencies, in such amounts and for such periods as are reasonable and may be required <br />by beneficiary, and to keep all policies of such insurance in force or effect upon the property herein described constantly <br />assigned and delivered to beneficiary, (3) pay and comply with all of the terms and conditions of any lien, claim or <br />indebtedness that may be senior to or take precedence to this Trust Deed as soon as any such payment on such lien, claim or <br />indebtedness shall become due; and upon failure of Trustor to keep any said agreements, beneficiary may pay such tax, pay for <br />such insurance or pay off such liens or claims or indebtedness as the case may be, and the money so expended together, thereon <br />as provided by the terms of the aforementioned Promissory dote, shall be secured by this Trust Deed, and the Trustor agrees <br />to repay the same upon demand, and upon failure to do so the balance of the attached note shall become immediately due and <br />payable at the option of the beneficiary; (4) specifically confer upon the Trustee the power of sale as provided in Nebraska law; <br />(5) retain possession of the premises and collect the rents and revenues therefrom. <br />Upon payment of all the slams secured by this Trust Deed, the Beneficiary shall request the Trustee to reconvey the <br />property and shall surrender this Trust Deed and all notes evidencing indebtedness secured by this Trust Deed to the <br />Trustor. Trustee shall reconvey the property without warranty to the person or persons legally entitled thereto: but if <br />default be made in the payment of said note or any part thereof or any of the interest thereon when due or in the faithful <br />performance of any or either of said agreements as aforesaid, then the whole of said note shall become due and be paid as <br />hereinafter provided, and this deed shall remain in force; the Trustee or his attorney may proceed to sell the property in <br />its entirety or in parcels at the option of the Trustee hereinbefore described at public auction, to the highest bidder, for <br />cash. However, the power of sale herein conferred upon the Trustee shall not be exercised until 11) the Trustee shall first <br />fib for record, in the office of the register of deeds of each county wherein the trust property or some part or parcel <br />thicein is situated, a notice of default, identifying the Trustee by stating the names of the Trustor and names therein and <br />giving;the book and page where the same is recorded, a description of the trust property, and containing a statement <br />that a breach of an obligation for which the trust property was conveyed as security has occurred, and setting forth the <br />Mature of such breach and of his election to sell or cause to be sold such property to satisfy the obligation- and (2) after <br />the bqm of not less than one month, the Trustee shall give notice of sale as provided by Nebraska law. After notice of <br />default and lapse of not less than one month, the Trustee shall give written notice of the time and place of sale <br />particularly describing the praperly to be sold by publication of such notice. at. least five times, onve a week for five <br />crnioetttive weeks. the last Iwhiication to IX, at least 10 days but not. more than 30 days prior to the wale, in some <br />newspaper having a general circulation in each county in which the property to ter sold. or some part thereof, i, situatiA. <br />Upon wuch sale, the Trustee shall execute and deliver a deed of conveyance of the proj)vrt.y sold to the pureh1,1vt or <br />purchasers tlaen'er)f and any state"w"t or recital of fact in such deed in relation to the c xerc *.,e (tf thi- power of stale and <br />Alo of� t property &%cribed therein. including recitals concerning any tnaiiints p tscxaeal desli. vi v ::anal put'lic�tati'm elf t he <br />ra)taee of detauult.. any nvailing and the= publcation and fx_wting of notice of �alv_and rl,c c ndt "'t art salt: snd Bauch t"c;ital <br />shall cmuttitule prima fac:r#. evidence of nuch complianax and conclusi+ , c0dent-v t hen -f rat i.K Va,r „t barrla ho"." tx :r; a >rsc,r, <br />^t <br />\"irMOINAL <br />r.- <br />