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98— ��o��s4
<br /> Trustors will pay and keep current the monthly instalments on the prior trust deed and to prevent any default thereunder.Trustors further
<br /> agree that should any default be made in the payment of any instalments of principal or any interest on the prior trust deed,or should any
<br /> suit be commenced or other action taken to foreclose the prior trust deed,then the amount secured by this Trust Deed shall become and be
<br /> due and payable in full at any time thereafter,at the option of Beneficiary an in accordance with the Agreement.Beneficiary,at its option,
<br /> may pay the scheduled monthly instalments on the prior trust deed and,to the extent of the amount so paid,become subrogated to the
<br /> rights of the beneficiary identified in the prior trust deed.All payments made by Beneficiary on the loan secured by the prior trust deed
<br /> shall beaz interest at the Rate of charge until paid in full.
<br /> Upon payment of all sums secured by this Trust Deed,Beneficiary shall request Trustee to reconvey the Property and shall surrender this
<br /> Trust Deed and all Notes evidencing indebtedness secured by this Trust Deed to 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 instalments on the loan when due or in the
<br /> faithful performance of any or either of the agreements made in this Trust Deed,then the whole of the loan shall become due and payable,
<br /> and this Trust Deed shall remain in force with Trustee or his attorney proceeding to sell the Property it its entirety or in pazcels at the option
<br /> of Trustee,at public auction,to the highest bidder and for cash.However,the Power of Sale herein conferred upon Trustee shall not be
<br /> exercised until Trustee files for record,in the o�ce of the Register of Deeds of each county in which the Property is situated,a Notice of
<br /> Default,identifying the Trustee,stating the names of the Trustor,giving the book and page where this Trust Deed is recorded,containing
<br /> a description of the Property,stating that a breach of an obligation for which the trust property was conveyed as security has occurred,and
<br /> setting forth the nature of such breach and of Trustee's election to sell or cause to be sold that Property to satisfy the obligation.After the
<br /> lapse of not less than one month,Trustee shall give Notice of Sale,as provided by Nebraska law.
<br /> After Notice of Default and lapse of not less than one month,Trustee shall give written notice of the time and place of sale,particularly
<br /> describing the Property to be sold by publication of that Notice, at least five times, once a week for five consecutive weeks, the last
<br /> publication to be at least 10 days but not more than 30 days prior to the sale,in a newspaper having a general circulation in each county in
<br /> which the Property to be sold,is situated.Upon sale,Trustee shall execute and deliver a deed of conveyance of the sold Property to the
<br /> purchaser or purchasers of the Property.Any statement or recital of fact in that deed,in relation to the exercise of the Power of Sale and
<br /> sale of the sold Property,including recitals concerning any mailing,personal delivery and publication of the Notice of Default and any
<br /> mailing,publications and posting of a notice of sale,and the conduct of sale,shall constitute prima facie evidence of compliance with
<br /> Nebraska statues and conclusive evidence of such compliance in favor of bona fide purchasers and encumbrancers for value and without
<br /> notice.T'he Trustee's Deed shall operate to convey to the purchaser,without right of redemption,Trustee's title and all right,title,interest
<br /> and claim of Trustor, his successors in interest and of all persons claiming by or through or under them, in and to the sold Property
<br /> including all such right,title,interest and claim in and to that sold Property acquired by Trustor or his successors in interest subsequent to
<br /> the-execution of Trustee.Trustee shall apply the proceeds of sale,first,to the cost and expenses of exercising the power of sale,as well as
<br /> the cost of sale,including payment of Trustee's fees actually incurred;and second,to payment of the unpaid balance of the Actual Amount
<br /> of Loan plus interest,and the balance,if any,to the person or persons legally entitled hereto.
<br /> And Trustee covenants faithfully to perform the Trust herein created.
<br /> BENEFICIARY,from time to time,may substitute a successor or successors to any Trustee named herein or acting hereunder to execute
<br /> powers created under this Trust Deed. Upon appointment and without conveyance to the successor Trustee, successor Trustee shall be
<br /> vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and
<br /> substitu[ion shall be made by written instrument and executed by Beneficiary,containing reference to this Trust Deed and its place of
<br /> record,which,when recorded in the office of the Register of Deeds of the ceunty or caunties in which the Property is situated,shall be
<br /> conclusive proof of proper appointment and the successor Trustee.The foregoing power of substitution and the procedure tfierefor shall
<br /> not be exclusive of the power and procedure provided for by law for the substitution of a Trustee or Trustees in the place of the Trustee or
<br /> Trustees named herein
<br /> If Trustors voluntarily shall sell or convey the Property,in whole or in part,or any interest in the Property or by some act or means divest
<br /> themselves of title to the Property without obtaining the written consent of Beneficiary,then Beneficiary,at its option,may declare the
<br /> r entire balance of the loan plus interest on the balance immediately due and payable. This option shall not apply if(1) the sale of the
<br /> Property is permitted because the purchaser's creditworthiness is satisfactory to Beneficiary and(2)that purchaser,prior to the sale,has
<br /> executed a written assumption agreement containing terms prescribed by Beneficiary,including,if required,an increase in the Rate of
<br /> Charge.
<br /> This Trust Deed shall be construed according to the laws of the State of Nebraska. �
<br /> Trustor requests that a copy of any Notice of Default and of any notice of sale hereunder be mailed to Trustor by certified mail at the
<br /> address,as follows:
<br /> Evidence of such mailing shall constitute evidence of receipt of that Notice.
<br /> T'he 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
<br /> or similar defaults subsequently occurring.
<br /> This Trust Deed shall inure to and bind in heirs,legatees,devisees,administrators,executors,successors and assigns of the parties hereto.
<br /> Whenever the context so requires, singular words shall be construed in the plural and v.ice versa, and the masculine gender shall be
<br /> construed to include the feminine and vice versa.
<br /> IN WITNESS EREOF,T ustor has signed this Deed of Trust on the day and first above written.
<br /> Witness
<br /> Truscor Diane L. Tagge
<br /> Witness
<br /> Trustor
<br /> ACKNOWLEDGMENT
<br /> STATE OF NEBRASKA )
<br /> )ss.:
<br /> COUNTY OF HALL )
<br /> Before me,a Notary Public,qualified by said county,personally came Diane L. Tagge, an Unmarried person and
<br /> ,known to me to be the identical person(s)who signed the foregoing
<br /> instrument and acknowledged the execution thereof to be his,her or their voluntary act and deed.Witness my hand and Notarial Seal on
<br /> 4/7 , 1998 /�
<br /> ��BEII�iAI NOUBY-SqM M N��i % {���i .���
<br /> NAThIAN R PF�� Notary Public of the State of N a
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