|
rt
<br />89-• i.D01218 - - -
<br />4. As additional security. Truster hereby, gives to and confers upon Srrefl;aar; tae right, power and uuthurity, during the continuance
<br />Of these Trusts to collect the rents, issues and profits of said property, reserving unto Truster the right. prior to any default by Triistor
<br />in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to vilect and retain such rents, issues
<br />and profits as they become duo and payable. Upon any such default. Beneflefory -+nay 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 hie 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 indabbadness secured hereby, and in such order as Beneficiary
<br />may determine. The entering upon and taking possession of said property, the colhurdon of such rents, issues and profits and the application
<br />thereof as aforesaid, shall not cure or waive any default or notice of dufhrrii: hereunder or invalidate any act done pursuant to such notice.
<br />b. Upon default by Truster in the payment of any indebtedness secumd boroby or in the performance of any agreement contained herein,
<br />all mum secured hereby shall immediately become due and pay —date at the optigq;of the Beneficiary. In such event and upon writhe g4quest
<br />of Beneficiary, Trustee shall all the trust property, in amwrid=m with tine Noraska Trust Deeds Act, at public auction to de fi,,joest
<br />bidder: Any pence eaoept Trustee may bid at Trustees sate. Trustee 811,O). Ojiq l;r the proceeds of the sale as follows: (1) to the
<br />of"dale, inelu�+kim.a neasonabte Ttu.s a fee; (2) W the 0_,; i&Aion seicur,4 hyt thist Deed c6Tt=t; (3) the surplus, if any, shall be'
<br />e cii92�ute Y
<br />W de ptssons entitliAt thereto.
<br />6.'ThUtee alral;Il &Uver to the puz &.aser as the saRe itra.�eed, without wart's:;Ity, vr"ica meawcoav�,,y to the purchaser the emterept in
<br />the PVTMty wh9 h Trustor hate sir @sari the power to caavey at:.thO time of his:axecution of this Deed. .6f Trust, ar+d r�scli �s he may have
<br />aepuirdd thereafter. Trustee's deerf shall recite the fiicts showing that the saki. was oo, $u- ded in compliance with a)l the requirements
<br />of law and of this Deed of Trust, which recital shall be prima ilicie evidence ofi.such compliance and conclusive evidence thereof in favor
<br />of bona► fide purchasers and encumbrancers for value.
<br />7. The power of sale conferred by this Deed of Trust is not an evolusive remody; Beneficiary may cause this Deed of Trust to be foreclosed
<br />as a mortgage.
<br />i 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 tho county in which this Deed of Trust is recorded, the successor
<br />trustee shall be vested with all powers of the original trustee. The trustee in 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 Truster. Trustee or Beneficiary shail 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 ltenoffciary shall mean the holder and owner of the note secured
<br />hereby, whether or not named as Beneficiary herein.
<br />10. Request for Notice of Default or Notice of Sale. it is requested that w 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 C0?N8rtlu�A. -. —r- - not sfin :h;s i+siEe* smav:e —
<br />yuu read ii. 2. You sine eniitied 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 9 day of - January —A.D. 19 89
<br />STATE OF NEBRASKA )
<br />Hall COUNTY
<br />On this 9 day of - Januar „ A.D.,. 19 -- -89- „before me, the undersigned, a Notary ]Public, duly
<br />commissioned and qualified for and residing in said• county, pel,"jonally came, Hugh D_ Brandon and Frances A. .
<br />Brandon, htasband air coif to me known to be the identical praiser S_ whose name 5— affixed to the foregoing
<br />instrument as T ustor S and acknowlrit.Iged the same to be thPi r yol_
<br />untary act and deed.
<br />Witness my hand and Notarial Seal the day and year 1 a.�� t....,
<br />My Commission expires the 8 da :9MRI V. WATftL, .
<br />of February , lg 91 _ 1_
<br />Notary pub is
<br />STATE OF 1
<br />)sq.
<br />County i
<br />EnteTled in Numerical Index 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 Deeds
<br />991 E82 (NE) Deputy
<br />1
<br />.a
<br />J
<br />tt r
<br />A� y
<br />__j
<br />
|