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' 89-6100062 . <br />4. As �woorfty. Tyu4or hereby 14ives to and confers upon Beneficiary the right, power and authority, during the continuance <br />of those Trusts to collect the rents, bw rs and profits of said property, reserving unto Trustor the right, y.*r to any default by Trustor <br />in of am indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents. issues <br />atd profits as tlwy beeame due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by <br />agent. or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, <br />enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and <br />profits, includint those pant due and unpaid, and apply the same upon any indebtedness secured hereby, and in such onMr as Beneficiary <br />may daterraine. The entering upon and taking possession of said property, the collection of such rents. issues and profits and the application <br />thereof" aforssaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. <br />fi. Upon default by Truter in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, <br />all sums accusal hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request <br />of Baseddary. Trustee shall sell the trust property, in accordance with the Nebraska Trust Deeds Act. at public auction to the highest <br />bidder. Ater person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows. (1) to the expense <br />of the sale, including a reasonable Tnutee's fee; (2) to the obligation secured by this Deed of (rust; (3) the surplus, if arty, shall be distributed <br />to the 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 is <br />the property which Truster had or had the power to convey at the time of his execution of this Deed of Trust, and such 4z he may have <br />acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements <br />of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor <br />of bona fide purchasers and encumbrances for value. <br />T. The power of We conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Doed of Trust to be foreclosed <br />as a mortgage. <br />S. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, <br />and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor <br />trustee shall be vested with all powers of the origiarai trustee. The trustee is not obliged to notify any party'hereto of pending We tinder <br />any other Deed of Trust or of any action or prwewEng in which 7!rustor, Trustee or Beneficiary shall be a party unless such action or <br />proceeding is 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 t�-& note secured <br />hereby, whether or not nand as Beneficiary herein. <br />10. Request fbr Notice of Default or Notice of Sale. 0 is requested that a oelsyr of any Notice of Default evr Notice of Sale be malted to- <br />each person who is named in this Trust Deed at the soling 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 copy <br />of this paper. 3. You may prepay the unpaid bat*nce at any time without penalty and ntay be entitled <br />io receive a re:utsu of unearned charges in accordance with iaw. - - - - <br />Signed this 3 day of January , A.D. 19 89 . <br />STATE OF NEBRASKA ) <br />Ha11 COUNTY ) �' <br />01 lq6r <br />t . <br />On this 3 day of January „ A.D., 19 89 , before me, the undersigned, a Notary Public, duly <br />commissioned and qualified for and rep iding.lin'said county, personally came GM0ry D. Chinaren and Peagy A. <br />Chingren, husband and Wife to me known lbe the identical persons whose names affixed to the foregoing <br />instrument as Trustor S ' anda.dcnowledged the same to be vol- <br />untary act and deed. - <br />Witness my hand and Notarial Seal the day and iifid Commission expires the 8 MTW -fth M Nlltstkt <br />of February 19 011gRlll Y. wATfiON � <br />IL t* rM __ .. 4F%blic <br />STATE OF ) <br />county ) <br />Entered in Numerical Index and filed for.rewrd in the office of the Register of Deeds of said county, the. <br />day of 1:9 , at o'clock and <br />minutes M., and duly recorded in Book of <br />Mortgages page <br />Registeer oaf Deeds <br />991 E82 (NE) Deputy <br />1 <br />1 <br />is <br />_J• <br />