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TRUST DEED <br />79- ~~~~ <br />THIS DEED OF TRUST, made and entered into this- 24th---- day of-_- Octoher_ _ , 19 79 _ <br />by and between Patrick J. O'Brien ,Trustor, andCommonwealth Land Title Insurance,'fntstee, <br />(a single person) Gempany <br />and Poste] Finance Company, a Nebraska Corporation, $enefician . <br />titPfNESS£TH: That the Trustor do bt' these presents grant, bargain and sell, conve} and coniirnt with Power of Sale <br />unto the Trustee the followine described Real Estate including all buildings, improvement:. and tixhrres of every kind now <br />or hereafter erected or placid an the real estate, situated in Hall Caonty, in the State of Nebraska: <br />Lot Eleven (11) of Amick Acres ?n a part of Section Two (2) , ToF-nship Nine (9) <br />north, Range Nine (9) kest of the Sixth Principal Meridian, Hall Ccuntp, Nebraska <br />and possession of said premises now delivered unto said Trustee: Cotamonvealth Land Title Insurance Company <br />TO HA`t E AND TO HOLD the same, with alt righu, privileges, and appurtenances thereto heionging unto the Trustee, <br />hs executors, administratits, heirs, and a,~,~isns forever. And the Trustor hereby expressly waives, releases, and relinquishes <br />unto veto Trustee aU right, title, Maim, in*.erest, benefit, and estate whatever, in and to the above-described premises and <br />each and even' part therreof, which is given by or results from all laws of the State of Nebraska pertaining to the exemption <br />of homesie~, Arid the Trustor cam'enants with the Ttvstee Neat he will farever warrant and defend the title to the satne <br />against the ]awful claims of alt person: whomsoever. <br />IN TRUST HOtt'EVER, for the following described purposes: WHEREAS, the Trustor did an this date execute a <br />promiaorc Hate evidencing a loan for the principal amount of S ti999.57 and interest <br />thereon atxording to the terms of the note: said note being payable itt equal monthly installments at the office of the <br />t~ntficiary; and front payment being due an ClrrnhPr 99 ---_---.-- , 14_85._ <br />ii is agreed by and between parries hereto Neat until filing of Notice of Defauh, the Trwtor strati: (1 1 pay all present <br />and future taxis and assessments, general and s1e_~al, against said prolxrty before the same he,:ames delinquent or <br />actionable; {'_) keep all imrrovement; erected on the land insured as may be required from time to time by beneficiary• <br />ag,airtst toss by fire and ether hazards, ~sualties and contingencies, in such amounu and for su: h p:•riods as are reasonable <br />and may be required b} benetician~, and to keep all policies of such insurance in force or effect upon the property herein <br />dr cn2+e constantly assigtae and dehvere to beneficiary, i31 pay and comply with all the tenets and conditions of any <br />lira, Haim or indebtedness that may be senior to ar take preerdence of this Trust Deed as anon as any such payment on or <br />of stt~t lien, Haim or indebtedness shall become due: and upon failure a€ Trustor to keep any said agreements, beneficiary <br />y pay suit i~x, pay Ior such insurance or pay oi~f such hens or claims or indebtedness as the case may be, and the <br />mtattey so expznded with interest at 4 q per aaznt?m shall be secured by this Trust Deed, and the Trustor agrees to repay the <br />ante upon demand, and upon failure to do so ttse halan~. of the attache note strati become imm:diatel} due and payable <br />at tine option of the beneficiar}': {4) sperifiCally confer upon the Trustee the pau°er of sale as provided in Nebraska law; <br />{S) tttairt possession of the premises and .~ollect the rents ar_d rev°enues therefrom. <br />Upon pa}°mtni of all the sums sr vred h} this Trust Derd, the Reneiician• shall requrst [hz Trustee to recom•ey the <br />property and sltalI surmnder this Trust Deed and all notes evidencing indebtedness secured b}' this Trust Deed to the <br />Trustee- Trustt_ shall reconsey rite nnsperty without warranty ro the person ar persons legaiiy entiNed thereto; but if <br />default tae made to the payment of said note or ar,y part thereof ar any of thr interest thercor. when due or in the faiNtful <br />ptrfarmahre of any or either ni said agreements a5 aforesaid, then the whale of sand note shall become due and be paid as <br />Itertinafttr provided, and this deed shall remain in force; the trustee ar his atiamey may proceed to sell the property in <br />its entirety or in partris at the iaption of the trvs3ee hereinbeiore described at public auction, to the highest bidder. for <br />fit. However, the power of sale huein conferred upon rite trustee shall oat be exercised until ! 1 1 the trustee shall first <br />t`tle for remrtl, in the office of the register of deeds of each counri• wherein: the trust property ar some part or parcel <br />cheatef is stttaird, a nai~ of default, adenufyhng the trustee ty stating ihz names of thz tustor and names therzin and <br />giving the hook and page when the same is rerarde, a description of the trust properly, and containing a statement that <br />a bread of an alligataon for wiri~'h the trtzsT property was conveyed as sacutitp has o. curred, and sifting ibrth the nature <br />at sur3t brt!adt and of hts election to sdl ar ca+?st to tae sold such property to satisfy the obligation: and (' 1 after the lapse <br />of oat less than ant mcxrtit, the trustee shall give notice of sale as provided by Nebraska law. After notice of default and <br />lapse of not less than ant tnanth, the trusut shalt give wriiieh notice of the time and piece of sale particularly describing <br />rite prv~aorty to be by putali~tion of such nodce, at ]fait five tithes, onx a week for live consecutive weeks, the last <br />publiratSwa to be at least ID days but not mare than 30 days prior to the sale, in some newspaper having a general <br />rartaalatl+.m is ese>b county in which the property to be sold, or some paY thereof, is situated. Upon such sale, the trustee <br />staali atttarte acrd deliver a deed of conveyance of the property sold to the purchaser or purchaser thereof and any <br />statement or recital of fact in such dced in natation to the exercise of the power of sale and sate of the property des: rihed <br />zsattaat....... <br />