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r <br />Upon payment of all ~tms setured by this Trust Deed, the Beneficiary shall request the Trustee to reconvey the property and shall surrender <br />this Trust Deed and all Notes evic' rtcing indebtedness secured by this Trust (lead to the Trustee. Trustee shall reconvey the property, without <br />warranty to the petters or persons legally entitled thereto. ]f default be made in the payment of said loan or any part thereof or any of the <br />interest thereon when due ar in the faithful performance of any ur tither of said agretnrents as aforesaid. then the whole of-said loan shall <br />become due and be paid ashereinaftcr provided, and this Deed shall remain in force: the Trustee or his attorney may proceed to sell the property <br />in its entirety or in parcels at the option of the Trustee at public auction, to the highest bidder, far cash. However, the power of sale hcreln <br />conferred upon the Trustee shall not be cxercixd until the Ttvstee files for record, in the nfflce of ehe Register of Deeds of each county in <br />which- the trust property or srstne part or parcel thereaC is situated, a Notice.of Default. identifying the Trustee, stating the namei of the <br />Tnttdot, 3iying the book and page where this Deed is recorded, cantainirtg a description oC the trust property, stating that a breath of an bbliga- <br />lion- for which the tri,st property was conveyer as security has occurred, and setting forth_the nature of such breach a>}d' of the '~`ntstec's ' <br />electittrt to sell or rouse to be sold such property to satisfy the obligation. After the laps of not less than one month, the Trustee shall give <br />Notice of Sale as provided by Nebraska law. After notice of default and ]apse of not less than one month, she Trustee shall give written itot~a <br />of the tutu and plan of sale, particularly descn~ifng the property to bt sold by publication of suds Notice, at }east five times; once a week foi- <br />ftvt cortsecutiVt weeks, the last ptibtication to be at least tt1 days but not mare than 30 days prior to the sale. in a newspaper ttavinga geiiepl <br />circulation in tech county in which the property to be sold, n situated. Capon such-sale, the ?rustre shall execute and deliver a Deed of Con- <br />veyance of the property sold ro the purchaser or purchasers thereof and any statement or recital of fart in such Deed in relation to the exttcisc <br />of the power of sale and sale of the described property including recitals concerning any mailing, personal delivery and ptblication of the.- <br />Notice of Default, atw mailing-and the publication and posting of notice of ule, and the conduct of sale. Such recite! ~taU cons[ttur-primii- <br />facie evrderttx of such compliance and conclusive evidence thereof in favor of bona fide purchasers and entumbrartters for valttt atld without <br />notate, The trustee i Deed shat( operate to convey to the purchaser, without right of redemption, the Trustee s title and all right, title,-interest <br />and clafm of the Trustor and his successors in interest and of act persons claiming by ar through er under them, in and to the properay sold, <br />inclitdittg alt such right, tick, interest and claim in and to stch~property acquned by the Trustor or his successors in interest subsequentto the <br />execution of the truster. The Trustee shall apply the proceeds of the "trustee's sale. iirss, to the cost and expenses of exercising the power <br />of sale, as well as the cost of the sate. including thr payment of the Trustee's fees actually incurred not to exceed the amount which may be <br />provided for in the Trust Deed; second, to payment of the obligations secured by this Trust tlted,and the balance, if any, ro the person or <br />persons legally entitled thereto. <br />And the Trustee covenants faithfully to perform thtTrust herein created. <br />BENEP[C[ARY, tram time zo time, may substitute a ;<tcctssot tar ;uccessars to any Truster named herein ur acting hereunder to execute <br />powers created under this Trust Deed, Upon such appointment and without convtyante to the wccessor Trustee, the successor Trustee shall <br />be reed with all title, powers, and duties confered upon any Trustee herein named nr actittri ttereundtr_ Each such appointment and sub- <br />stitution shall be made by written instrument and executed by Btnetictary, tontatntttg retcrence to this Trust [wed and its place of record, <br />whidt, When recutded in the afhee of the Rccester of Deeds of the etwnty esr ~ounttrs to which card pn?perty is situated, shall be conclusive <br />proof of proper appointment of the successor Trustee. The Coregomg power of substitution and the procedure therefore shall not be exclusive <br />of the power and procedure provided for by law fat the subsututmn of a Trustee ur frvatees m the ptacr of the Trustee or Trustees named <br />herein. <br />The waiver by Truster or Beneficiary of any default of Trustor ssnder this Trust tired shall r*.ut Ft ar be deemed tea be a waiver of any other or <br />sitnilar defaults sutrequtntly auursirtg. <br />This Trust Deed shad inure to and 'wind the hers. Settattts. d~~tsrr,.:dnrntstrat;:rs, c•:: ~-utv:s. suce°swrs and assicrrns of the pzrties hereto. <br />The Trutt Beed shalt fie construed according to the laws a+t the Starr c,r tiei.r.ska <br />The Trustor requests that a copy of any Nottct of Dtfautt sod of any nottir ~~f sate hereunder ere maded tsr'tim by cereifitd mail at the address <br />hcrcitrtxfoce set forth and evidence of <rtch mailing sfiali a>nstrtute evnit==c e:f rrcrtl+t *~t w,te nest k c <br />M'herevtr the context so requires, sirtguiat words shall he .ut7sirUtd rn tear piuraf artd veer artsa, and the masruitna gender shall be construed <br />to fnctude the feminine and vict vtrsa. <br />IN wfTNESS WNkRt_1,F, the Trtutor has hereunto set hu hares the ,fay attar year first aixrvt wooers. <br />/~ <br />Witness is )~c~, °~lr••~ _______ <br />~~~~ftll: _ . <br />esr. `., 3ilAts <br /> <br />'~`~ <br />xFkTf* C~ fii~;$RASKA 1 <br />f SS~ <br />t; _, ~ - <br />ACKNtlWL>rRGEMd,N? <br />esr n . <br />~, _. t W <br />...Q i C ~ F...r <br />-tt r~ <br />r><~ ~,~J <br />r~ ii <br />w ..~ Y.. t~ C3l <br />rv <br />o tom', t"~ <br /> <br />3 <br />tq <br />Z <br />O <br />Bettt~Zetime; a Notary f'tr',tbe, qua2tftad by said county, personalty catnt,-_._~,'~a'; ~1 -l`..~1t ____ __ _and <br />~ 4~tc<.~ ~ ~`,+,'~-, . known to mr to bt the identical ptrYOn(sl who signed tine forrgeing instntmtN and acknaw- <br />kd tx~utan ttfert~rf to in teat, her or ehtu vatiuntary° act a+td deed. Witness my hand aced tiatariai ;±€>!! err ~ t <br />}~ <br />tMlfNrllttttirttll~ttnr * ,,. T„~-r ~- <br />~, ~ __ __. _---m..__ -__.._.. <br />l~iaota~IM~i" >Y-.~ <br />al~tittattt-tlfkiaAt~t *votary 1'ec of thz Starr f'vet~:raska <br />