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88101454
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88101454
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Last modified
3/9/2007 5:41:09 PM
Creation date
3/9/2007 4:32:04 AM
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DEEDS
Inst Number
88101454
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<br />I" <br /> <br />TRUST DEED <br /> <br />88-101454 <br /> <br />THIS DEED OF TRUST. made and entered into this <br /> <br />22nd <br /> <br />day of <br /> <br />r-1arch <br /> <br />,19~ <br /> <br />by and between James Oqden and Geraldine Oqden, , Trustor. <IndFirst American Title Insurance Co . Trustee. <br />Husband and Wife as Joint Tenants with Rights of Survivorship and Not as Tenants in Common <br />andSecurity Pacific Financial Services of Im-lq.Bencficiary: <br />Inc <br /> <br />WITNESSETH: That the Trustor dol'S by these presents grant. bargain and sell. convey and confirm with Power of Sale unto the <br />Trustee the following described Real Estate including all buildings, improvements. and fixtures of every kind now or hereafter erected or <br />placed on the real estate. situated in Hall County. in the State of Nebmska: <br /> <br />Lot 6, Block 7, George Loans subdivision to city of Grand Island, <br />Hall county, Nebraska. <br /> <br />and possession of said premises is now delivered unto said Trustee: <br /> <br />TO HAVE AND TO HOLD the same, with all rights. privileges. and appurtenances thereto belonging unto the Trustee. his executors. <br />administrators. heirs, and assigns forever. And the Trustor hereb) e\pressl) waives. releases. and relinquishes unto the Trustee all right. <br />title, claim. interest. benefit. and estate whatever, in and to the above-described premises and each and every part thereof. which is given <br />by or results from aU laws of the State of ~ebr..lska pertaining to the exemption of homestead. And the Trustor covenants with the Trustee <br />that he will forever warrant and defend Ihe title to the same againsl the lawful claims of all persons \\'homsoe\'ec <br /> <br />IN TRUST HOWEVER. for the t<.1l1nwlllg described purposes: Tn sel'ure full and prompt performance of all the terms and condi- <br />tions of that <br />D Revolving Loan Agreement nf even date herewith (includlllg particularly. but not exclusively. prompt payment of all sums <br />which are or may become payahle from tllllC to time thereunder! and any extensions. renewals. modifications or refinancings thereof. <br />which Revolving Loan Agreement ob\lgates Beneficiary. subject to the conditions stated therein. to advance to Trustor lip to <br />S , plus linance and other charges. (Or) <br />~ Note of even date herewith. in the principal sum of L'S S 6412.83 payable in monthly installments of principal <br />and interest. with the balance of the mdebledness. If not sooner paid. due and payable on March 28 , 19~. <br /> <br />Ii is agreed by and between parties hereto that until liling of Notice of Default. Ihe Trustor shall: ( I ) pay all present and future <br />taxes and assessments, geneml and special. against said property before the same hecomes delinquent or actionable: (2) keep all improve- <br />ments erected on the land JI1sured as maj be reqlllfed from time to time by bendicmry against loss by fire and other hazards. casualties <br />and contingencies. in such amounts and I'm such periods as are reasonable and Illay be required by beneficiary. and to keep all policies <br />of such insurance in force or effect UpOIl (he properly herein described constantly assigned and deli\ered to beneficiary; (3) pay and <br />comply with all the lerms and condllloll' of all)' lIell. daim or indebtedness that may be senior to or take precedence over this Trust <br />Deed as soon as any such paymel1l Oil l1r <,i" 'ouch lien. claim or indebtedness shall become due: and upon failure of Trustor to keep <br />any said agreements. beneficiary ma) pay 'll\:h tax. pay I<.)r such insumnce or pay olT such liens or claims or indebtedness as the case <br />may be. and the mOne)' so expended. \\ IIh IIltl're~t al 9'\. per annum. shall be secured by this Trust Deed. and the Trustor agrees to repay <br />the same upon demand, and upon 1;lIlun: 10 do ~o Ihe halalll'e of the attached no Ie shall become immediately due and payable at the <br />option of the beneficiary: (4) specllil:,t1I) n>nh:r upon the Trustee the power of sale as pRwided in Nebraska law: (5) retain possession <br />of the premises and collect the rents and n:WIllI~" therefrom. <br /> <br />L <br /> <br />Upon payment of all the sums sel'ured by tlm Trust Deed, the Beneficiary shall request the Trustee to reconvey the property and <br />shall surrender this Trust Deed and all notes evidem:lI1g iIldebtedness secured by this Trust Deed to the Trustor. Trustee shall recollvey <br />the property withoul warral1ty to the rerson or persons legally entitled thereto: but if default be made in the payment of "aid nole or <br />any part thereof or any of the interest Iherwll \\ hen due or in the faithful performance of any or either of said agreements a" aforesaid. <br />then the whole of said note shall becl'llle due ami be paid as hereinafter provided. and this deed shall remain in t<.1rce: the Trustee or <br />his attorney may proceed to sell the property in Its entirety or in parcels .It the option of the Trustee hereinbcli.ne desnihetl at pllblic <br />auction, to the highest bidder. for cash, HmH'vcr. the power of sale herein conferred upon the Trustee shall not he exerl'lscd IInul ( I ) <br />Ihe Trustee shall first file for record, in the office of the register of deeds of each county wherein the trust prorl'ft) or ..~'me pari or <br />parcel thereof is situated. a notice of default identifying the Trustee by stating the names of the Trustor and names Ih~'reill amI ginng <br />the book and page where the same is recorded. a description of the trust property. and cOlllallling a statement that a hre:lch <II an <'hh!!atinn <br />for which the trust property was corn'eyed as security has occurred, and setting forth the nature of such hreach and nf III, l.'ICl'lInn to <br />sell or cause to be sold such property to satisfy the obligation: and (2) after the lapse of not less than one 1I10mh. Ilw Irmtcl' ,hall ~1\"C <br />notice of sale as provided by Nebraska law. After notice of default and lapse of not less than one month. lhe '1 ruslee ,hall I:!i\';,~ wnllell <br />notice of the time and place of sale particularh' describing the property to be sold by publication of such notllT. ,II 1e."1 flH' tlllle', <br />once II week for five consecutive weeks, the last publication 10 be al least 10 days but not more than 30 da), Pfll'! tn Ilw ',alt:. III "'Ill~' <br />newspaper having iI general circulation in each coullly in which the property to be sold. or sOllle part therl'of. i, 'IlUall'<I 11"'11 'lIdl <br />sale, Ihe T rustec shall execute and deliver a deed of I:onveyance l,f the property sold to the purchaser l'r pureha,c!' llll'r<'pl ,Illd .lilY <br />statement or recital of fact in such deed in relation to the exercise of the power of sale and sale of the property describnllhl'll'llI. 1I1dlldlllg <br />reciI;lI~ concernIng all) malllllg.. pe.....onal delivery and publication of Ihe lll)lice of default. any mailinl! .\11<1 (he pllbl;LIIIPII .llhl !,,'..llIlg <br />or nolter of sale. alllllhc Cllllduct of ..ale; ami such recital shall constitute pnma facr~' l.'Vllk,Kl' <,I' 'lKh complli\l1l'c alld "'lldll"IH' t'\ "kiln' <br />thereof III 1',1\")( llf hOlla fide purchasl'r~ and elll:umbl1lnccrs for ""llIc and WlthOlll nnlll'e, Th~' hll'll'l'" d"'l.'d ,h,111 PI'l'lal~' h' (<'Il\C\ <br /> <br />;'(111('11)161 'If <br /> <br />OnlGlNAL <br />
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