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F <br />TRUST DEED 85— 00531.8 <br />THIS DEED OF TRUST, made and entered into this_?lstday of .__ October _ 19 85 -- <br />by and between Betty L. Gala ,-- , Trustor, and _First Ataerican Title Insurance, 44krstee, <br />and Setsrity Pacific Finance Coryoration _-_----- ------ ------ _--- _------ _- ..._ -_ Beneficiary. <br />WiTNESSETH: 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 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 />All of Lot 1 and South 2 Feet of Lot 2, Block lli, Packer and <br />Properly known as: <br />Barr Addition to City of Grand Island, Ha11 County, Nebraska. <br />Filed for Record- .__— ._ -____ _. <br />in Book_.__ of <br />Page.- -- <br />and possession of said premises now delivered unto said Trustee; <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 52367- 9Q - -_._ 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 <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 he 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 tot reconvey the <br />property and shall surrender this Trust Deed and all notes evidencing indebtedness secured by this 'Trust Deed to t he <br />Trustor. Trustee shalh;�econvey 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 there cif 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 I l) the 'l'rustee shall first <br />file for record, in the office of the register of deeds of each county wherein the trust properly or some part or parcel <br />therein 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 />nature of such breach and of his election W quill or cause to W sold such property to sutisfy the obligation; and 12) 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. at least five I inies, once a week lot- five <br />conniti utive weeks, the last publication to be at least 10 days but not Ilion, than 30 days prior to the sale, in some <br />newspaper having a general circulation in each county in which the property to Iw sold, or sonre purl (hereof, is shunt evl. <br />Upon such sale. the Trustee shall execute and deliver it detA of conveyiInce of the pro1wrty sold to the purchase,• or <br />purchasers thereof and any stat.eritent or recital of fact in such deed in relation to the exercise n1 111v power of sal. ;n d <br />wale of the property described therein. including recitals concerning nn> mailing, Ir rs,ut;il ,l, livery ;Ines lnlhlir:ll rail ,.1 1 he <br />notice of df- fault, any mailing and the. publication told post Ing of not IPe „t ,ale, and 1 ho , on,lncl ul gale, ;iml r•uch „v•il.Ill <br />shall constitute prima facifl evidence III r+ueh cumphanee and eons -III c,•,•. uh•nce 01,•m,d Ili 1 ;icw IanI.I Idle luII( IIc of <br />t! Ff. It,', t IN M, <br />