|
1
<br />Upon payment, of ell sums secured tty this Trust Deed, the Beneficiary shall request the Trustee to reconvey the property and mall su.zender
<br />this Tmst Deed and all Notes evidencing indebtedness secured by this Trust Deed to the Trustee. Trustee shall reconvey the property, without
<br />warranty to the person or persons legally entitled thereto. If default be made in the payment of said loan or any part thereof or any of the
<br />interest thereon when due or in the faithful performance of any or either of said agreements as aforesaid, then the whole of said loan shalt
<br />becomedue and be paid ashereinafter provided, and this Deed shall remain in force; the Trustee or his attorney may proceed to set! the property
<br />in its entirety or in parcels at the option of the Trustee at public auction, to the highest bidder, for cash. However, the power of sale herein
<br />conferred upon.the Trustee shall not be exercised until the Trgs4ee files for record, in the office of the Register of Deeds of each county in
<br />which the trust property or some part or party! thereof is situated, a Notice of Default,. identifying the 'Trustee, stating the names of the
<br />Truster, giving the book and page where this Deed is recorded, containing a description of the trust property, stating that a breach of an obliga-
<br />tion for which the trust property was conveyed as security has occurred, and setting forth the nature of such breach .and of the Trustee's
<br />election 4o sell or cause to be sold such property to satisfy the obligation. After the lapse of not less than one month, the Trustee shall give
<br />Notice of Sale as provided by Nebraska law. After notice of default and lapse of not less than one month, the Trustee shall give written notice
<br />of the time and place of sale, particularly describing the property to be sold by publication of such Notice, at :east five times, once a week for
<br />free consecutive weeks, the last publication to be at least 10 days but not more than 30 days prior to the sale, in a newspaper having a general
<br />circulation in each county in which the property to be sold, is situated. Upon such sale, the Trustee shall execute and deliver a Deed of Con-
<br />veyance of the property sold to the purchaser or purchasers thereof and any statement or recital of fact in such Deed in relation to the exercise
<br />of the power of sale and sale of the described property including recitals concerning any mailing, personal delivery and publication of the
<br />Notice of Default, any mailing and thg publication and postingtof,notice of sale, and the conduct of sale: Such recital shall constitute prima
<br />facie evidence of such compliance, and conclusive evidence thereof in favor of bona fide purchasers and encLVttbrancers for value and without
<br />notice. The Trustee's Deed shall operate to convey to the purchaser, without right of redemption, the Trustee's title and.all righi,.fitle, interest
<br />and claim of the Trustor and his successors in interest and of atl persons claimipg by or through or under them, in and to the property sold,
<br />including all such right, tide, interest and claim in and to such property acquired by the Trustor or his successors in interest subrquent to the
<br />execution of the trustee. The Trustee shall apply the proceeds of the Tmstee's sale, first, to the cost and expenses of exercising the power
<br />of sale, as well as the cost of the sale, including the 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 Deed, and the balance, if any, to the person or
<br />persons legally entitled thereto.
<br />And the Trustee covenants faithfully to perform theTrust herein created.
<br />BENEFICIARY, from time to time, may substitute a successor or successors to any Trustee named herein ar acting hereunder to execute:
<br />powers created under this Trust Deed. Upon such appointment and without conveyance to the successor Trustee, the successor Trustee shalt
<br />be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and sub-
<br />stitution shall be made by written instrument and executed by Beneficiary, containing reference to this Trust Deed and its place of record,
<br />which, when recorded in the office of the Register of Deeds of the county or counties in which said property is situated, shall be conclusive
<br />proof of proper appointment of the successor Trustee. The foregoing power of substitution and the procedure therefore shall not be exclusive
<br />of [he power and procedure provided for by law for the substitution of a Trustee or Trustees in the place of the Trustee or Trustees named
<br />herein.
<br />The waiver by Trustee or Beneficiary of any default of Trustor under this Trust Deed shall not be or be deemed to be a waiver of any other or
<br />similar defaults subsequently occurring.
<br />This Trust Deed shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties „areto.
<br />The Trutt Deed shall be construed according to the laws of the State of Nebraska.
<br />The Trustor requests that a copy of any Notice of Default and of any notice of sale hereunder he mailed to him by certified mail at the address
<br />hereinbefore set forth and evidence of such mailing shall constitute evidence of receipt of such notice.
<br />Wherever the context so requires, singular words shall be construed in the plural and vice versa, and the masculine gender shall be construed
<br />to include the feminine and vice versa.
<br />IN WITNESS WHEREOF, the Trustor has hereunto set his hand the day and year first above written.
<br />Witness ~~ \ ~ 'L-~'-' ~i . ~ 'er-e~i''p" -
<br />/5~~~! ~ l TRUSTLOR
<br />j A
<br />Witness~~~ rte' r 1 r~4~•~ ~r ---a:t-'ti ~ ~,~ /._y,._.~%r
<br />TRUSTOR
<br />~lw~ _„ .T~Gr2,O~a1
<br />/~-~
<br />G'
<br />STATE OF NEBRASKA ) ~
<br />) SS. ACKNOWLEDGEMENT U
<br />COUNTY OF ~~~.~- )
<br />---
<br />Before me, a Notarv~Public, qualitied by said county, personally canto ~~Yj,rr C~ ~{~ytg~.~,•r. and
<br />rtk~~cc _1 __ VO~}L~t_~+•o~_,___ .known tv me tv be the identical person(s) why signed the foregoing instrument and acknow-
<br />ledged the execution thereof tc be his, her or their voluntary act and decd. Witness my hand and \vtartal Scat sm ~ -
<br />19 1 ~t ._.- _.._ __-
<br />~.x-___.~_.. _
<br />_ ..
<br />~IfIlM1A/tt-timwitrtitrrAa ~~~'.t~~ `r f,~ ~1+ `,, _ ~'
<br />9YflLM (iL t~ N ,tar}' t't?siic ^f [he Stag oC Nebraska
<br />sM C~w_ tBR..larr.lJ, t~
<br />
|