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 />
|