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9V^; TRUST DEED ~~~~7 THIS DEED OF TRUST. made and entered into this 30th day of__~ly , I9~D- Compaay by and between Soseph F. Martinez and Belen ,Trustor. and r a,Pa1 rh and T; r1l> T.+~ + a„r ,Trustee, Martinez, Husband and Wife, As Soint Tenants with Right of Survivorship, and Not As Tenants and Postal Savings Company, a Nebraska Corporation,. Beneficiary. is Cowen. WITNESSETH: That the Trustor do by these presents grant, bargain and sell. convey and confirm with Power of Sale unto the Trustee the following described Real Estate including all buildings, improvements, and fixtures of every kind now or hereafter erected or placed on the real estate, situated in Hall County, in the State of Nebraska: Lot Four (4), in Block Eleven (11), of Lambert's Addition to the City of Grand Zsland, Hall County, Nebraska. and possession of said premises now delivered unto said Trustee; TO HAVE AND TO HOLD the same, with all rights, privileges. and appurtenances thereto belonging unto the Trustee, his executors, administrators, heirs, and assigns forever. And the Trustor hereby expressly waives, releases, and relinquishes unto the Trustee all right, title, claim, interest, benefit, and estate whatever, in and to the above-described premises and each and every part thereof, which is eiven by or results from all laws of the State of Nebraska pertaining to the exemption of homestead. And the Trustor camenan[s with the Trustee that he will forever warrant and defend the title to the same against the lawful claims of all persons whomsoever. W TRUST HOWEVER for the following described purposes: WHEREAS, the Trustor did on [his date execute a promissory note evidencing a loan for the principal amount of ~ 16.221.50 _ -__ __________ and interest thereon according to the terms of the note: said note heir. payable in eoual monthly installments at the oftice of [he beneficiary: and final payment being due on n__y_„o,+~t_4tt~ _ , t9_QO-. It is agreed by and between parties hereto [hat unfli tiling of Notice of Default, the Trustor shaii~ t i 3 pay all present and future taxes and assessments, general and siteciai, against saki Ixoperty before the s;tme become; delinquent or actionable; ('_- l keep all improvements erecmd nn the lard inured ;. may hr required from time to time i~y hrnetieiarp sgainst loss by ffre and other hazards, casua3ties and contingenies, in such amounts and far sue tt nenods as are reasonable attd may be required by beneficiary, and to keep all pclicies of such insurance in force or effect upon the property herein described constantly assigned and delivered to beneficiary. t?)pay and comply with all r.he terms and conditions of any lien, claim or indebtedness that may be senior to or take precedence of this Trust Deed as soon as am such payment on or of such lien, claim or indebtedness shall become titre: anti upon taiiure of Tru,inr to keep any card agreements, beneficiary may pay such tax, pay for such insurance or pay off such hens or claims or mdehtednrss as [hr case may he, and the money so expended with interest at 19'; per annum shall be secured h} this'lrust Uerd. and the Tnuux agrees to repay the same upon demand, and upon failure to do so the balance of the attached note shall become mnnedtatc•ly uue and payable at the option of the beneficiary; 741 specifically confer upon the Trustee the power of ,air as prtnided in Nebraska law: (5) retain possession of the premises and collect the rents and revenues therefrom. Upon payment oC all the sums xcured by this Trust Decd, the l3enrficiaiti ,hall request the Muster to rc<onvey the property and shall surrender this Trust Deed anti all notes evulenring uxlehtrdncss secured by th:, hunt Ured to the "trustee. Trustee shall reconvey the property wi[haut warranty to the person or persons Ireally entitled thereto; but rf default be made in the payment of said note or any part thereof or any of [he interest thereon when title or m the faithful performance of any or either of said agreements as aforesaid, then the whole of said note shall become due anti he paid as hereinafter provided, and this deed shall remain in force; the trustee or hu :urmlt•y may proceed to sell the propert} u1 its entirety err in parcels at the option of the [nistee hereinbefc re described at puhhc nuerion, to the hiehest h:dder, fnr cash. However, the power of sate herein conferred upon the trustee shall not he exercised anal i 1 i the truster shall first file for record, in the oRice of the register of deeds of each rnunty wherein the tru,t proterty or some part or parcel [hereof is situated, a notice of default, identifying [he trustee by s[atine the names of the trusux and names therein and giving the book and page where the same is recorded, a description of the Inut propert}, and containing a statement that a breach of an obligation for which the [rust property was amveyrd as security has occurred. anti sMting Gxth the nature of such breach and of his election to sell or cause to be sold such property to satisfy the obligation: and f_' 1 after the lapse of not less than one month, the trustee shall give notice of sale as provided by Nebraska law..Aftrr notice of default and lapse of no[ less than one month, the trustee shall give written notice of the erne and place of sale particularly descnhrng the property to be sold by publication of such notice, at least live times, once a week fix flee conseiutive weeks, the last publication to be at least 10 days but not more than 30 days prior hr [he sale, in some newspaper Raving a general circulation in each county in which the property to be sold, or some part thereof, 1s situated. l!pon such sale. the trustee shall execute and deliver a deed of conveyance of the property st>Iti to d1r purchaser or purchasers thereof and any statement or recital of fact in such deed in relation to the exercise of the Dower of sale and sale of [he property dexrbed 2871 saa