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TRUST DHD '88- 104666 TIllS DEED OF TRUST. mnde and ente",d into this 24 dll)' Ill' Auqust . I 9 .!!.!!- by and between Robert L. Lathen end Roxanne L.. L~If'::nor,lIndFiret lImedcan Title Inaurance Com~"fIlfstee, HusnanQ ana w~~e as J01nC ienanc1f and Security Pacific Financial Servicee of IO~'belilf.cillry: WITNESSETH: That the Trustor does by these presents gmnl. bargain nod sell. convey and confirm with Power of Sale unto the Trustee lhe following described Real Estate including nil buildings, improvements, and fixtures or every kind now or hcreartcr erected or placed on the ",a1 estate. siluated in Hall County, in the Stale or Nehmska: Lot 29, Block .C. in parkview Subdivision, Located in the Northeast J, of Section 29 ~nd the Northwest ~ of Section 28, Both in Township 11 North, Range 9 West of the 6th P.M., Hall County, NebraBka~ and possession of said premises is now delivered unlo said Trustee: TO HAVE AND TO HOLD the same. with all rights, privileges. and appurtenances therein hdollging unlo the Trustee. his executors, administmtors. heirs. and assigns forever, And the Trustor hereby expressly waives. releases. llnd relinquishes unto the Trustee all right. title, claim. interesL benefit and estate whatever. in and to the :Ibove~described premises and C:lII:h and every part thereof, which is given by or results from all laws of the State of Nebr...aska pertaining to the exemption of hnmC!lle.llu. And lhe Trustor covemmls with the Trustee that he will forever warmn1 and defend the title to the same against the lawful claims of all persons whomsoever, IN TRUST HOWEVER. for the following described purposes; Tn <;c:curc full and prumpt performance of all the terms and condi- tions of that o Re\'olving Loan Agreement of even date herewith (Including partu:ularly. hUl nUl cxclusivcly. pmmpl payment of all sums which an: or may becume payublc from time to lime thereunder) and an}' extension~, renewltl~. modilications or refinancings thereof, which Revolving Loan Agreement obligates Bcneliciary. subject lo the conditions slated therein. to advance to Trustor up to S . plus finance and other charges, (or) [J NOle of even date herewith. 10 the principal sum uf U.S. $ 7607.87 payable in monlhly installmenls of principal and Interest. with Ihe halance of the Indebtedness. if not !.onncr paid. due und payable on 08-29-93 .19_. h I!'. ilgrcc:d h) and helwccn parties hCfClO that until filing of Notice of Default. the Truslor shall; ( I) pay all prescnt and future raxes Bnd asse!.smen1!i. Bencrul and special. against said property before the same becomes delinquenll1r actionable: (1) keep all improve- ments erecled un the land IOsun:d il!'! mu) he required frum time to time by bcndiciary against loss by lire and other hazards. casualties and cont1l1gcnclc!.. HI such amounts and for such periods as are reasonable and may be required by benclici:lr)'. and to keep all policies of such IIIsurancc 111 force or effect upon the propert)' herein described constantly assignetl and delivered to beneficiary: (J) pay and compI)" with nil the 1Cnn!l llnd condul(lns of any Hen. claim or indcbtcdnes~ that muy be senior to or ulke precedence over this Trust Deed a5 soon illIo allY ~uch pa}'nll:nt on or of such lien. claim or indebtedness shall become due: and upon Ihilurc of Trustor to keep any said agn:cmcnt~, hcncliclilry may pay such laA. pay for ~uf;h insumncc or pay nIT such Iien~ (If claims or indebtedness as the case may be. and the mone)' so e-.pcnded. with interest at 9% per annum. shall be secured by thi~ Trust Deed. and the Trustor agrees to repay the same upon demand, and upun failure to do so the balance of the attached nole shall hecome immediately due and paynhle at the option of the beneliciar}': (41 speCifically confer upon the TruMel: the power of sale a.... provided In Nt:braska law; (5) retain possession or Ih. premises and coll.cl the rents and revenues therefrom. Upon payment of alllhe sums secured by this Trust Deed. the Beneficiary shall requesl the Trustee Lo rccom'ey the propcrt)' and shalt surrender this Trust Deed and all notes evidencing indebtedness secured b}' Ihis Trusl Dc:ed to the Trustor. Trustee shull reconvey the propeny without warmnty 10 the person or persons legally entitled thereto: hut If default he made 111 the payment of sl.Iid note or any part thereof or any of the interest thereon when due or in the failhful performance of any ur eilher of said agreements as aforesaid, then the whole of said note shall become due and be paid us hereinafter po.willed, and tlm deed shall remain in force: the Trustee or his attorney may proceed to sell the property in its entirel}' or in parcels at the option of the Trustee hereinbefore described at public auction. to the highcst bidder. for cash. However. the power of sale herein conferred upon Ihe Trustee shall nol be exercised until (I) the Trustee shall first liIe for record. in the office of the register of deeds of each county wherell1 the trust property or some part llr parcel thereof is situated.. a notice of default, identifying the Trustee by Slating the names or the TrusLor and names therein .and giving the book and page where the same is recorded. a description of the trust property. and containing a stalement that a breilch of an ubligation for which the trust property was conveyed as security has occurred, and setting forth the naUlre of such breach and of his election 10 sell or C'dUSC to be sold such property to satisfy the obligation: and (2) after the lapse of not les~ limn one munth. the Truslee shull give notice of sale as provided by Nebraska law. After notice of default and lapse of nol less than one Illunlh. lhe Trustee shull I:tI'IC written notice of the time and place of sale particularly describing the propcrt) to he sold b) puhheautln of such nullet:. al lell...t live times. once a "leek for five consecutive weeks. the last publication to be at least 10 days but not more than .10 day' pnu.. III the ..alc. Itl snme newspaper having a general cin:ulation in each count)' in which Ihe property to be sold, or some p<ln lhc:re~lr. I.. "Jlu.ncd, Upon such sale, the Trustee shall execute and deli'ler a rteed of cnn...eyancc of the properl)' sold tu Ihe pun:hu'l:r nf PUn:hil..cr" thl:fCof and an}' statement or recital of fact in ...uch deed in relation to the cll.crcise of the pou:cr Ill' "lie and sale of lhe- flmpCrl} lh......:nht.d thert'lll. 1Ill'ludll11t recitals concerning an)" mailing, personal delivery and publicatIOn uf the nutlce uf default. ;lfl) m;uhlll! .1I1l1 tIll' [1uhll\:aI1l1l1 .Itld rhl~tmp; of nouce uf !lJJ.le. and the conduct of sale: and such recit.t1 !i.hallconstitule pnma fucle cVlllen..:c 111 'lIdl (l111111h;1I11I' ,11111 l"llh:III"I\.'l' l'\.IlJcnL'C lhen:of In fa\lOl of bona fide purchasers ilnd cncumbr...anc:cB for value and withoul nnln.'c r1h.' Iru"h.'t'" .k\'d ,h.dl ,'pt'.all' hI l'l1l\\.C') 21ill '0-02111 J€ ORIGiNAl