98103098 - Laserfiche WebLink

Browse

9�— zcj3€�9� become due and be paid as hereinafter provided, and this deed shall remain in force; the Trustee or his attorney may proceed to sell the property in its entirety or in parcels at the option of the Trustee hereinbefore described at public auction, to the highest bidder, for cash. However, the power of sale herein conferred upon the Trustee shall not be exercised until (1) the Trustee shall first file for record, in the office of the register of deeds of each county wherein the trust property or some part or parcel therein is situated, a notice of default, identifying the Trustee by stating the names of the Trustor and names therein and giving the book and page where the same is recorded, a description of the trust property and containing a statement that a breach of an obligation for which the trust property was conveyed as secu- rity has occurred, and setting forth the nature of such breach and of his election to sell or cause to be sold such property to satisfy the obligation; and (2) after the lapse of not less than one month, the Trustee shall give notice of sale as provided by Nebraska law. After notice of default and laspe of not less than one month, the Trustee shall give written natice af the time and place of sale particularly describing the property to be sold by publica- tion of such notice, at least five times, ance a week for five consecutive weeks, the last publication to be at least ten (10) days but not more than thirty (30) days prior to the sale, in some riewspaper having a general circu- lation in each county in which the property to be sold, or some part thereof, is situated. Upon such sale, the Trustee shall execute and deliver a deed of conveyance of the propert,y sold to the purchaser or purchasers thereof and any statement or recital of fact in such deed in relation to the exercise of the power of sale and sale of the property described therein, including recitals concerning any mailing, personal delivery and publication of the notice of default, any mailing and the publication and posting of notice of sale, and the conduct of sale; and such recital shall constitute prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchas- ers and encumbrances of value and without notice. The Trustee's deed shall operate to convey to the purchaser, without right of redemption, the Trustee's title and all right, title, interest and claim of the Trustor and his succes- sors in interest and all persons claiming by or through or under them, in and to the property sold, including all such right, title, interest and claim in - 3 -