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TRUST DEED De 106995 <br />THIS DEED OF TRUST, made and entered into this_!+th ___day of December <br />KEITH D. >STUBBS AND JOYCE E. STUBBS HUSBAND AND <br />by and between WIFE AS JOINT TENANTS WITH " T, and _FIRST AMERICAN TITLE INSURANCFe Trustee, <br />OF SURVIVORSHIP AND NOT AS TENANTS IN Comm <br />and SECURITY PACIFICFINANCE COMneficiary. <br />WITNESSETH: That the Trustor do by these presents grant, bargain and sell, convey and confirm with Powet of Sale <br />unto the Trustee the following described Real Estate including all 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 />Property known as: LOT 16, ISLAND ACRES NUMBER SIX, A REPLAT OF LOTS 19 AND 20, ISLAND ACRES <br />CITY OF GRAND ISLAND, HALL 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 S_.____ 1-07. Q9.93 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 12 -09 -01 <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 Note, 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 />(S) retain possession 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 <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 (1) the Trustee shall first <br />file for record, in the office of the register of deeds of each county wherein the trust property or some part or parcel <br />therein rs 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 />nature of such breach and of his election to sell or cause to be sold such property to satisfy the obligation; and (21 after <br />the lapse 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 property to be sold by publication of such notice, nt least five times, once a week for five <br />consecutive weeks, the last publication to be at least ltd days but not more than 30 days prior to the sale, in stmte <br />newspaper having general circulation in each county in which the property to be sold, or some part art. thereof, is situated. <br />Upon wn.h *tale, the Trustee shall execute and deliver a deed of convevance of the property sold to the purchaser or <br />purchatters thereof and any statutrtant or recital of fact in such deed in relation to the exercise, of the power of sale and <br />Sale of the property d trribed th in, inaJutling recitals concerning any= mailing, jwr wml deliver% and publication! w t he <br />not ce of default, any mailing and the, publication and lxtsting of notice of :Male, zu?d the culotte! ?t sale: anti such '14'+trtl <br />shall +erntfitufe print& facieevidenCeerr' such compliance anti conclusive evidenc,< sa%o, oft— nafidupurchii'ers <br />area . &K <br />