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' 1 <br />r <br />N <br />Lim <br />100109 _ <br />4. M additional security, Trustor hereby gives to and canfesa upon Beneficiary the right, power and authority, during the continuance <br />of their Trusts to collect the rents, imuea and profits of said property, reserving unto Trustor the right, prior to any default by Trustor <br />in payment of any indebtedness secured hereby or in performanco of any agreement hereunder, to collect and retain such rent#, issues <br />and profits an they become 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 far the indebtedness hereby secured, <br />enter upon and take possession of said property or any part b'tereaf, in his own name sue for or otherwise collect such rents, issues and <br />Profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary <br />may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application <br />thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice, <br />S. Upon default by Trustor in the payment of any indebtedness secured hereby or in they 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 <br />Of Beneficiary. Trustee shall sell the trust property,, in accordance with the Nebraska Trust Deeds Act, at public auction to the highest <br />bidder. Any person except Trustee may bid at Trustee'a sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense <br />Of the aale, indluding a reasonable'tivstee's fee; (2) to the obligation secured by this Deed of Trust; (9) the surplus, if any, shall be distributed <br />to the persona enueed 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 <br />the Pro" w1tich•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 <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 evau'enee of such compliance and conclusive evidence thereof in favor <br />of bona fide purchasers and encumbrancers for value. <br />T. The power of sale conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed <br />as a mortgage, <br />8. In the eFent of the death, incapacity, disability or resignation at 'ltustee, Beneficiary may sAppoint in writing a successor trustee, <br />and upon the zwording of such appointment in the mortgage records bf the county in which this deed of Trust is recorded, they successor <br />trustee $hall be Vested with all powers of the original trustee. The trastee is not obliged to notify any party hereto of pending sale under <br />any other Deed 'of Trust or of any action or proceeding in which Trustor, 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, admindsceators, executors, successors and assigns. The team Beneficiary shall mean the he,°,der and owner of the mite secured <br />hereby, whether or not named as Beneficiary herein. <br />la. 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 />'R Tn rn�rsnr2► __�.....: <br />-^ _• :.., asus argn core paper £seders you read it. 2. You are entitled to a copy <br />of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled <br />to receive a. refund of unearned charges in accordance with law. <br />Signed this 6 day of January— A.D. 19-89 — <br />STATE OF NEBRASKA y X <br />Hall COUNTY ss. <br />.On this 6 day of, January A.D., 19 89 before me, the undersigned, a Notary Public, duly <br />commissionedi and qualified for and residing in said county, personally came Gerald R Kindi9 arld Dat-riCia A. <br />Ki e to me known, to be the identical person S, whose name S_ affixed to the foregoing <br />instrument as Trtistor _S and acknowledged the same to be the i r vol- <br />untary act and deed. t} <br />Witness my hand and Notarial Seal the day and year la <br />MY Commission expires the — _ 8 y t Mwo <br />of Febr Mary 19 �_. Y.fpAT=ON : <br />STATE OF 1 : <br />County y' <br />Entered in Numerical Indus and filed for record in. the office of the Register of Deeds of said county, the <br />day of 19_ at o'clock and <br />minutes M., and,duly recorded in Book of <br />Mortgages page <br />Register of DeedA _ _ <br />991 E82 (NEi <br />Deputy l <br />aw <br />h. <br />