Laserfiche WebLink
9 <br />0 <br />.4 <br />200001256 <br />4. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance 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 security 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 written request of <br />Beneficiary, Trustee shall sell the trust property, in accordance with 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 etpense of the sale, <br />including a reasonable Trustee's fee; (2) to 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 />property 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 recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide <br />purchasers and encumbrances for value. <br />7. The power of sale conferred 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, Beneficiary 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 trustee <br />shall be vested with all powers of the original trustee. The trustee is not obliged to notify any party hereto of pending sale under any other <br />Deed of Trust or 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 10 day of FEBRUARY A.D. 2000 <br />STATE OF NEBRASKA ) <br />) ss. S <br />HALL COUNTY) <br />JACK 0 <br />On this 10 day of FEBRUARY A.D. 2000 , before me, the undersigned, a Notary Public, duly <br />commissioned and qualified for and residing in said county, personally came SUSAN WALTER AND KENNETH JACKSON, AS <br />JOINT TENANTS tome known to be the identical person S whose name S affixed to the foregoing instrument <br />as Trustor S and acknowledged the same to be THEIR <br />voluntary act and deed. <br />Witness my hand and Notarial Seal the day and year last above written. <br />My Commission expires the 8TH day BENERAI. NOTARY -Stale of Nebraska <br />of FEBRUARY 2003 SHERRI Y. WATSON <br />My Comm. UP. Feb. 8, 200$ ) No Public <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 />NE-991-1197-2 <br />Register of Deeds <br />