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~ _._ .. <br />g4 ---~~ u 03"7 <br />Ltpon,paymepi o€ all sutra secured by this Trust Deed,,Benefieiary shall. request Trustee, to reeonvey the Property and shall surrender <br />this Trust Deed and alf'Nates evidencing indebtedness secured by thins Trust Deed to Trustee: Trustee shall reeonvey t}ie Property, <br />without warranty to-the person or persons legally entitled thereto: 1f default be rdade in the payment of inst8lments on the loan whe^ <br />r due or in-the. faithful performance of any or either of the agreements made. in this Deed, then the_whale of he loan: shall became due <br />and<payable, and-tbis Decd shalt remain itt force:with Truster or--his attorney proceeding to sell the Property in its ent leery or in parcels <br />at the. oprion of'Truatee, aLpnlilic auction, to the :highest bidder and• tot cash. However, the power of sale -bcrein conferred upon <br />Trustee shatf-itorbe ezereised`until Trustee ftles fur record, in the office of the Register of.Deeds of each county u, which the Propertt- <br />is situated; a l!Intice:of Default, identifying the Truatee~ stating.the names of the Trustor;: giving the: hook and.page where this Deed is <br />reeordad,-.eantaiuing a descripritin of the Property,.stating tltet a breach of as obligation for whieli the<Property was conveyed as <br />securitg has occurred; and setting forth the nature of the breach and'o€Trustee.'s election to se6 or cause to he sold that Property to <br />satisfy-the obligation. After the lapse of notiess than one month, Trustee shall give Notice of Sale; as provided by Nebraska law. <br />- After Notice of Default and lapse of not less than one month, Trustee shall-give written notice of the time:and place of sale,'particularly <br />-.describing the-Property to besotd by publication-of that Notice, aE least-five times once a-week foi frve~etihsecutive:weeks, thelast <br />publication to be ai least 16 days but not more than 30 days prior to the ale, in a newspaper hayin_ g a general eirculaGon in each <br />county in which the Property to be sold; is situated.-Upon sale; Trustee shalfexeuute-and defiver a deed of conveyance of the sold <br />Property tadhe purchaser or purchasers of that Property any statement at recital of fact in that deed, in relation to-.the exercise of the <br />power of sale and sale of the sold Property, including recitals concerning any mailing; personal deGvery_and publication:of-the Nutice <br />- of Default and any mailing, publication and posting of a notice of sale, and the conduct of Sate, shall.:constitute prima-fat3e evidence of <br />compliance with Nebraska statutes and conclusive evidence of such compliance in favor of bona fide purchasers and encumbraneers for <br />value avd without notice. Tfte Trustee's Deed shall operate to convey to the purchaser, without right of iedomption, Trustee's. title and -- <br />all right,-tide; interest and claim of Trustor, his successors in interest and of atI persons claiming by,or through or under them,' in and to_, - - <br />the sold Property including all such right, title, interest and claim in and to that sold Property acquired by Trustor or his successors in <br />interest subsequent to the execution of Trustee. Trustee shall apply the proceeds of sale, First, to the eost and expenses-of exercising the- <br />- power of sale, as well as the cost of sale, including payment of Trustee's fees actually incurred; second, m payment of the unpaid <br />balance of the AMUai Amount of Loan plus interest, and the balance, if uny, to the person or persons legally entitled thereto.. - - <br />.And Trustee covenants faithfully to perform the Trust herein created. - - <br />BENEFICIARY, from time to dme, may substitute a successor or successors to aaY Trustee named herein ar actingheteunder'to - - <br />ezecute powers created under this Trust Deed. Upon appointment and without conveyance to the successor Trustee, successor Trustee <br />shall be vested with all tide, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment <br />_ -and substitution-shall ba made by .•ritten insaument and executed 6y Beneficiary, containing reference to this Trust Deed sad-its - <br />- place of record, which, • oen reenr:ied in the office of the Register of Deeds of the county ar counties in which the Property is situated, - <br />- shall be conclusive proof of prapcr appointment of the successor Trustee. The foregoing power- of substitution and the procedure - - - <br />thereforeshall sot be exclusive of the power and procedure provided far by law for dte substitution of a Trustee or Trustees in the place <br />aE the Trustee or Trustees named herein. <br />The waiver by Trustee or Beneficiary of any default of Trustor under this Trust Deed shall not 6e or be deemed to he a waiver of any <br />other or similar defaults subsequently occurring. <br />This-Trust, Deed shall inure to and hind the heirs= legatees, devisees, administrators, executors, successors and assigns of--the parties <br />hereto. <br />- -The Trust :Deed shall be construed according to the laws of tfie Starr. at Nebraska. <br />Trustor requests chat a copy of arty Notice of Default and of any notice of sale hereunder be mailed to Trustor by certified mail at the <br />address, as fallttws: <br />I/! S •' <br />~_. - . <-:f~t:.z.tka... ,...::~..r..=.a.rv~.....:t~..t~,... ~.ta~s:..~.._..~.~ .~;::2.%..._ .................... <br />Evitlentx of such marling shall constitute evidence of receipt of that Notice. <br />Wherever the context so requires, singular words shall be construed in the plural and-vice versa, and the masculine gender shall 6e <br />constnted to iadude the feminine and vine versa. <br />- - 1N WITNESS W$EREOF, Trustor - signed this Deed.of Trust on the day and year first shove written. <br />Witty - .~ Lr ~~~~~~----- <br />Trusruri .~' <br />Witness /`.~L.t„ z . L7~ ''' r d.E ,.' <br />~, M. 3 rraseur , <br />~._~ ~~,~ <br />t <br />S"T'ATE OF NirBRASI;n ~ ~" ~f <br />COUNTY QF ./-..rS-".y,.~-'r:.._...._:_::.:"_?-iw..~~F1' <br />~~. ~$~., <br />Before ttx, a aroN Yu 1 qusl~'md by sat }, penonrRy came ,._r,~~.s.e.G.~ . , fT ~I~~t.r.......~ .... and <br />~~~~ _""~;~ .,..-, kttoxn'-tts mete 6ethe idEntial person(s) who stgtted the.foregoing rostrum nt and arknuwled{ttd <br />,the thereof w Ile htx, rte or their voittntery act and decd, Witness my hand and Notartsl Sfc~at an . f ..y 1.:.5~ .................. <br />- ~ - - - - ,B PoWi¢W tLe 3tnrte at wahtaxk#. <br />