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<br />1 TRUST DEED <br />THIS DEEa OF TRUST, made and entered into this firh day of August; , i 9_._6.x_ <br />by and between Marlin C. Qvaxing and Lucille RTrustar,and 1st American Title Tns. Co. ,Trustee, <br />Quaring <br />and Postal Finance Cbmpany, a Nebraska Corporation, 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 Estaee including all buildings, improvements, and fixtures of every kind now or <br />hereaftererecied or placed on the real estate, situated in Ha11 County, in the State of Nebraska: <br />P>opertg known as: <br />Lot Twenty-one (21), in 13~ock Three <br />(3), in Morris Second. Addition to Filed for Record _ at _.M. <br />the City of Grand Island, Ha12 Cotmty, <br />Nebraska in Book of <br />Page <br />and possession bf said premises now delivered unto said Trustee; <br />TO'HAV$AND TO HOLD hesame, with. aiL rights, privileges,. and appurtenances thereto belonging unto the Trustee;: <br />hisexecuto>•s, adininistrators, heirs, and assigns forever. And the Trustor hereby expressly waives, releases, and relinquishes <br />unto [he Trustee all right, title, claim,. interest, benefit, and estate whatever, in and to the above-described premises. and each <br />and every pazP thereof, which is given by or results from alt laws of the State of Nebraska. pertaining to the exemption of <br />homestead. Ahd the Trustor covenants with the Trustee that he will forever warrant and defend the title to the same againstthe <br />]awful claims bf all petsons whomsoever. <br />IN TRUST_HOWEVER; fdr the following described purposes: WHEREAS, the Trustor did on this date execute:a <br />Promissory Ndze evidencing a loan for the principal amount of 5 15;143.96 and interesrthereon <br />according o .the terms of said Promissory Note; said Promissory Note being payable in monthly installments at such place as <br />the Beneficiazy--may designate in writing from. time to time. Notwithstanding any provision contained. herein or ih said <br />Promissory Notre, to the contrazy, if not sooner paid, all sumsdue and owing under-the terms of said Promissory Note shallbe <br />paid on or before <br />Et is agreed by and between thepartieshere[o that until filing of Notice of Default, the Trustor shall:. (1) pay all .present <br />and future taxes and assessments, general andspecial; against said property before the same becomes delinquentor actionable: <br />(2);keep all improvements. erected`oh the land insured as may be required from time to timeby beneficiary against loss by fire <br />and. other hazards, casoalties and contingencies, in such amounts and for Bach periods as are :reasonable and. may be required <br />by beneficiazy, and to keep all policies of such insurance in force oreffect upon the property hereimdescribed 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 maybe seniorto or takeprecedence to this Trust Deed as soon. as any such payment on such lien; claim or <br />indebtednessshall 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 indebtednessas the case maybe, and hemoney so expended together;. thereon. <br />as provided by the terms oC the aforementioned Promissory Note, shall be secured by this Trusc Deed, and the Trustor agrees <br />to<repay the same upon demand, and upon failure to do so the balance ofthe attached note shall. become imtnediately due and <br />payable at the option of the beneficiary; (4) specifically confer upon theTrustee the power of sale as provided in Nebraska law; <br />(5) retain possession of he 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 shatlsurrender this Trust Deed and all notes evidencing indebtedness secured byrhisTrust Deed to the Trustor. <br />Trusteeshall reconvey theprope>•ty without warranty to theperson or persons iegatly entit'ted,thereto; but if default be made in <br />the payment ofsaid note or any part thereof or any. of the interest thereort-when due or in the faithful performance. of any or <br />either of said agreementssas aforesaid, then the whale ofrsaid note shalt become due and be paid as hereinafterproyided; and <br />this deed shall remain in'force; the Trustee-or his attorney may proceed to sell the property in its entirety or in parcels at the <br />option of the Trustee hereinbefore described at public auction,. io the highest bidder, for cash. However, the power of sale <br />herein conferred upon. [he Trustee shall not be exercised until (I) the. Trustee shall first fi{e for record,: in the office of the <br />register of deeds of each county wherein the trust. property or some part or parcel therein is situated, a notice of default,. <br />identifying the Trustee by stating hepames of the Trustor and names therein and giving the book and pagewhere [he same is <br />'racorded, a description ofahe trust property, and containing a statement that a breach of an obligation for which the. trust <br />oroperty was conveyed as security.has occurred, and. setting forth the nature-of such breach and of his election to sell or cause <br />to be sold such property;to satisfy. the obligation; and (2) after the ]apse of not less than one month, the Trustee shall give <br />notice of sale as provided~ry Nebraska law.. After notice of default and lapse. of not less than one month, theTrustee shall give <br />L written notice of the time and place of sale particularly describing the property to besold by publication of such notice, at least, <br />five times, once a week for five consecutive weeks, the last publication. to beat. ]east IG days but not, more than 30 days prior to <br />the sale, in some newspaper having a general circulation in each county in which the property to be sold, or some part. thereof, <br />is situated. Upon such sale, the Trustee shalt execute and deliver a deed of conveyance of the property sold uz the purchaser or <br />purchasers thereof and any statement or recital of fact in suchdeed in relationto the exercise of the powcrof sale and sale of <br />theproperty described therein, including recitals co;ieerning any mailing, persemai deir'very and publieatiort of the notice of <br />default, any matting and ttte publication and posting of notice of sale, and the conduct of sale; and such reeitai shall constitute <br />prima facie evidence of such compliance and conciurve evidence thereof in favor of bona fide trurchasers and encumbranecrs <br />of vaiaeandwithout notice. The Trustee's decd shall operate to convey to thv' purchaser, without right of redemption, the <br />~zaenamt~ u¢a,, <br />