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��- ��"r3'743 <br /> 4.As additional security,Trustor hereby gives to and confers upon Beneficiary the right,power and authority,during the contintr.aice of ,� <br /> these Trusts to collect the rents,issues and profits of said property,reserving unto Trustor the right,prior to any default by Trustor in payment <br /> of any indebtedness secured hereby or in performance of any agreement hereunder,to collect and retain such rents,issues and profits as they <br /> become due and payable.Upon any such default,Beneficiary may at any time without notice,either in person,by agent,or by a receiver to be <br /> appointed by a court,and without regard to the adequacy of any secnrity for the indebtedness hereby secured,enter upon and take possession <br /> of said property or any part thereof,in his own name sue for or otherwise collect such rents,issues and profits,including those past due and <br /> unpaid,and apply the same upon any indebtedness secured hereby,and in such order as Beneficiary may determine.The entering upon and <br /> taking possession of said property,the collection of such rents,issues and profits and the application thereof as aforesaid,shall not cure or <br /> waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. <br /> 5.Upon default by Trustor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, <br /> all sums secured hereby shall immediately become due and payable at the option of the Beneficiary.In such event and upon wrilten request of <br /> Beneficiaty,Trustee shall sell the tcust property,in accordance wikh the Nebraska Trust Deeds Act,at public auction to the highest bidder. <br /> Any person except Trustee may bid at Trustee's sale.Trustee shall apply the proceeds of the sale as follows: (1)to the expense of the sale, <br /> including a reasonable Trustee's fee; (2)tb the obligation secured by this Deed of Trust; (3)the surplus,if any,shall be distributed to the <br /> persons entitled thereto. <br /> 6. Trustee shall deliver to the purchaser at the sale its deed, without warranty,which shall convey to the purchaser the interest in the <br /> properiy which Trustor had or had the power to convey at the time of his execution of this Deed of Trust,and such as he may have acquired <br /> thereafter.Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this <br /> Deed of Trust, which recit�l shall be prima facie evidence oi such compliance and conclusive evidence thereof in favor of bona fide <br /> purchasers and encumbrances for value. <br /> 7. The power of sale conferted by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be <br /> foreclosed as a mortgage. <br /> 8.In the event of the death,incapacity,disability or resignation of Trustee,Beneficiazy may appoint in writing a successor trustee,and <br /> upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded,the successor ktustee <br /> shall be vested with all powers of the original trustee.The trustee is not obllged to notify any party hereto of pending sale under any other <br /> Deed of Trust ar of any action or proceeding in which Trustor,Trustee or Beneficiary shall be a party unless such action or proceeding is <br /> brought by the Trustee. <br /> 9. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto,but on their heirs,devisees, <br /> legatees,administrators,executors,successors and assigns.The term Beneficiary shall mean the holder and owner of the note secured hereby, <br /> whether or not named as Beneficiary herein. <br /> 10.Request for Notice of Default or Notice of Sale.It is requested that a copy of any Notice of Default or Notice of Sale be mailed to <br /> each person who is named in this Trust Deed at the mailing address of such person as set out above. <br /> NOTICE TO CONSUMER. 1. Do not sign this paper before you read it. 2. You are entitled to a <br /> copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be <br /> entitled to receive a refund of unearned charges in accordance with law. <br /> Signed this 15 day of APRIL ,A.D.1998 <br /> STATE OF NEBRASKA ) C�^'� �� <br /> )ss. <br /> H AL L COUNTY) <br /> On this 15 day of APRIL , A.D. 1998 , before me, the undersigned, a Notary Public, duly <br /> commissioned and qualified for and residing in said county,personally came DONALD D. JORGENSEN & SHARON K. JORGENSEN <br /> HUSBAND & WIFE AS JOINT TENAi1dTrSe known to be the identical person S whose nameS affixed to the foregoing insirument <br /> as Trustor S and acknowledged the same to be THEIR <br /> voluntary act and deed. <br /> Witness my hand and Nota.rial Seal the day and stahove written. <br /> My Commission expires the 8 TH day � GENERAL NOIARY�Sq�e a(1�tb�,�sku <br /> of FEBRUARY , 1999. a-��� �H��Y N�A7�ON ' <br /> 8,1 No y lic <br /> STATE OF NEBRASKA ) <br /> )ss. <br /> HALL COUNTY) <br /> Entered in Numerical Index and filed for record in the office of the Register of Deeds of said county,the <br /> day of , , at o'clock and minutes M., <br /> and duly recorded in Book of Mortgages page <br /> � <br /> 0 <br /> '� Register of Deeds <br /> Deputy <br /> NE-991-1 197-2 <br />