TRUST DEED

State of Nebraska

WHEN RECORDED RETURN TO:
[NAME]
[ADDRESS]
[CITY, STATE ZIP]

SPACE ABOVE THIS LINE FOR REGISTER OF DEEDS' USE

Date: [DATE]
Document Number: _________________ (Register's Use)
Property Address: [PROPERTY ADDRESS, CITY, NE ZIP]
Parcel ID: [PARCEL ID]

TRUST DEED

THIS TRUST DEED is made this [DAY] day of [MONTH], [YEAR], by and among:

TRUSTOR (Borrower):
[TRUSTOR NAME(S)]
[ADDRESS]
[CITY, STATE ZIP]

TRUSTEE:
[TRUSTEE NAME]
[ADDRESS]
[CITY, STATE ZIP]

BENEFICIARY (Lender):
[BENEFICIARY/LENDER NAME]
[ADDRESS]
[CITY, STATE ZIP]

RECITALS AND GRANT

WHEREAS, Trustor is indebted to Beneficiary in the principal sum of [PRINCIPAL AMOUNT] DOLLARS ($[AMOUNT]), as evidenced by a Promissory Note of even date herewith (the "Note");

NOW, THEREFORE, Trustor irrevocably grants, conveys, and warrants to Trustee, in trust, with POWER OF SALE, the following described real property situated in [COUNTY] County, Nebraska:

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE

Property Address: [PROPERTY ADDRESS], [CITY], Nebraska [ZIP CODE]

TOGETHER WITH all buildings, improvements, and fixtures now or hereafter placed thereon; all easements, rights, appurtenances, rents, royalties, water, water rights and water stock; and all fixtures now or hereafter attached to the property (collectively, the "Trust Property").

ARTICLE I - OBLIGATIONS SECURED

This Trust Deed secures to Beneficiary:
(a) The repayment of the debt evidenced by the Note, with interest, and all renewals, extensions, and modifications;
(b) The payment of all other sums, with interest, advanced under this Trust Deed;
(c) The performance of Trustor's covenants and agreements under this Trust Deed and the Note.

ARTICLE II - TRUSTEE PROVISIONS

2.1 Trustee Qualifications (Neb. Rev. Stat. § 76-1003). The Trustee shall be:
(a) A Nebraska licensed attorney;
(b) A title insurance company authorized to do business in Nebraska;
(c) A title insurance agent licensed in Nebraska;
(d) An approved bank, savings and loan association, or financial institution; or
(e) A person qualified to practice before the United States Bankruptcy Court in Nebraska.

2.2 Successor Trustee. Beneficiary may substitute a successor Trustee by filing a substitution with the Register of Deeds where this Trust Deed is recorded. The successor Trustee shall succeed to all title, powers, and duties of the original Trustee.

2.3 Trustee's Powers. Trustee is given the power of sale and other powers as provided by the Nebraska Trust Deeds Act.

ARTICLE III - COVENANTS OF TRUSTOR

Trustor covenants and agrees as follows:

3.1 Payment. Trustor shall pay when due the principal and interest on the debt evidenced by the Note and all other sums secured hereby.

3.2 Insurance. Trustor shall keep the improvements insured against loss by fire and other hazards, with Beneficiary named as loss payee.

3.3 Taxes and Assessments. Trustor shall pay before delinquency all taxes, assessments, and charges against the Trust Property.

3.4 Maintenance. Trustor shall maintain the Trust Property in good condition and repair and shall not commit or permit waste.

3.5 Defense of Title. Trustor shall defend title against all claims.

3.6 Compliance with Laws. Trustor shall comply with all laws, ordinances, and regulations affecting the Trust Property.

ARTICLE IV - ASSIGNMENT OF RENTS

4.1 Assignment. Trustor hereby assigns to Beneficiary all rents, issues, and profits of the Trust Property as additional security.

4.2 License to Collect. Trustor shall have a license to collect and retain such rents prior to default. Upon default, this license shall terminate.

ARTICLE V - DEFAULT AND FORECLOSURE

5.1 Events of Default. The following shall constitute Events of Default:
(a) Failure to make any payment when due under the Note or this Trust Deed;
(b) Breach of any covenant or agreement herein;
(c) Material misrepresentation by Trustor;
(d) Transfer of the Trust Property without Beneficiary's prior written consent;
(e) Bankruptcy or insolvency of Trustor.

5.2 Foreclosure Options. Upon default, Beneficiary may elect to foreclose:
(a) By non-judicial power of sale under the Nebraska Trust Deeds Act; or
(b) By judicial foreclosure as provided by law.

5.3 Requirements for Non-Judicial Foreclosure (Neb. Rev. Stat. § 76-1006). Trust deeds may be foreclosed by exercise of the power of sale only if:
(a) The Trust Deed contains a power of sale clause;
(b) There is a default in the performance of the Trust Deed;
(c) The Trust Deed covers tracts of land totaling twenty (20) acres or less on which is located at least one residential structure or commercial building.

IMPORTANT NOTE: If the Trust Property exceeds 20 acres or contains agricultural land, judicial foreclosure is required.

5.4 Notice of Default (Neb. Rev. Stat. § 76-1006). Trustee shall file for record a Notice of Default and record it with the Register of Deeds in the county where the Trust Property is located.

5.5 Mailing Notice. After filing, Trustee shall mail a copy of the Notice of Default by certified mail with postage prepaid to:
(a) Trustor at Trustor's last known address;
(b) All persons who have recorded a request for notice; and
(c) Any successor in interest to the Trustor whose interest appears of record.

5.6 Cure Period. Trustor may cure the default within one (1) month after the date on which the Notice of Default was filed for record.

5.7 Notice of Sale (Neb. Rev. Stat. § 76-1007). If the default is not cured, Trustee shall:
(a) Record a Notice of Sale at least thirty (30) days before the sale;
(b) Publish notice of sale in a newspaper of general circulation in each county where the Trust Property is located, once a week for five (5) successive weeks, with the last publication not less than ten (10) days before the sale;
(c) Mail notice of sale to Trustor and other entitled parties at least twenty (20) days before the sale.

5.8 Contents of Notice. The Notice of Sale shall include:
(a) The time and place of sale;
(b) The street address and legal description of the Trust Property;
(c) The Trustor's name;
(d) The Beneficiary's name;
(e) The Trustee's name;
(f) The total amount due.

5.9 Conduct of Sale. The sale shall be:
(a) At public auction at the county courthouse entrance;
(b) At the time and place specified in the Notice of Sale;
(c) To the highest bidder.

5.10 Trustee's Deed. Upon payment, Trustee shall execute and deliver a Trustee's Deed to the purchaser. The Trustee's Deed shall be recorded within ten (10) days after the sale.

5.11 Application of Proceeds. Trustee shall apply the proceeds of sale:
(a) First, to costs and expenses of the sale;
(b) Second, to all sums secured by this Trust Deed;
(c) Third, to junior liens in order of priority;
(d) Fourth, the surplus to Trustor or persons legally entitled thereto.

5.12 No Redemption After Sale. There is no statutory right of redemption after a foreclosure sale under the Nebraska Trust Deeds Act.

5.13 Deficiency. Beneficiary may NOT recover a deficiency judgment against Trustor following a non-judicial foreclosure under the Nebraska Trust Deeds Act. A separate judicial foreclosure action may permit recovery of a deficiency under certain circumstances.

ARTICLE VI - RECONVEYANCE

6.1 Full Reconveyance (Neb. Rev. Stat. § 76-1014). When the obligation secured by this Trust Deed has been paid and the Trust Deed has been fully performed, Beneficiary shall deliver to Trustor:
(a) The original Note with the word "Paid" or "Cancelled" written thereon; and
(b) A request to Trustee for a deed of reconveyance.

6.2 Trustee's Deed of Reconveyance. Upon receipt, Trustee shall execute a deed of reconveyance and deliver it to Trustor. Trustor may have the deed of reconveyance recorded.

6.3 Recording. The reconveyance shall be recorded with the Register of Deeds in the county where the Trust Property is located.

ARTICLE VII - RECORDING REQUIREMENTS

7.1 Recording. This Trust Deed shall be recorded with the Register of Deeds of [COUNTY] County, Nebraska.

7.2 Required Information. This Trust Deed includes all information required for recording.

ARTICLE VIII - MISCELLANEOUS PROVISIONS

8.1 Governing Law. This Trust Deed shall be governed by Nebraska law.

8.2 Successors and Assigns. This Trust Deed binds and benefits the heirs, executors, administrators, successors, and assigns of the parties.

8.3 Severability. If any provision is held invalid, all other provisions remain in full force.

8.4 Notices. All notices shall be in writing and sent to the addresses set forth above.

8.5 Request for Notice. Trustor hereby requests copies of any Notice of Default and Notice of Sale.

8.6 Entire Agreement. This Trust Deed and the Note constitute the entire agreement of the parties.

ARTICLE IX - RIDERS AND ADDENDA

The following riders are attached hereto and incorporated herein:

☐ Adjustable Rate Rider
☐ Condominium Rider
☐ Planned Unit Development Rider
☐ Second Home Rider
☐ 1-4 Family Rider
☐ Other: [SPECIFY]

SIGNATURE PAGE

IN WITNESS WHEREOF, Trustor has executed this Trust Deed as of the date first written above.

TRUSTOR(S):

_______________________________
[TRUSTOR NAME]
Date: _________________________

_______________________________
[TRUSTOR NAME]
Date: _________________________

ACKNOWLEDGMENT

STATE OF NEBRASKA
COUNTY OF [COUNTY]

The foregoing instrument was acknowledged before me this _____ day of ______________, 20___, by [TRUSTOR NAME(S)].

_______________________________
Notary Public

[NOTARY SEAL]

EXHIBIT A

LEGAL DESCRIPTION

The land referred to herein is situated in the County of [COUNTY], State of Nebraska, and is described as follows:

[INSERT COMPLETE LEGAL DESCRIPTION]

Parcel ID: [NUMBER]

This document prepared by:
[PREPARER NAME]
[ADDRESS]
[PHONE]
[EMAIL]