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89-- -10023 - s urity, Tractor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of them the rents, isquos and profits of said property, reserving %-into Truaor the right, prior to any default by Trustor lit payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and Profits as they 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 appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured. enter upon and take Poseeasion of said property or any part thereof, in his own name sue for or othorwine collect such routs, issues and profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and proflta and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. b. Upon default by Tnrctor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary, in such event and upon written request of Beneficiary. Trustee shall sell the trust property, in accordance with the Nebraska Trust Deeds Act, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) io t exwaense of the sale, including a reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if arty, shalt be tti eknetse to the persons entitled thereto. 6. Trustee shall deliver to the purchaser at the sale Liz deed without warranty, which shall convey to the purchaser the faxterest in the Property which Truster had or had the power to conye� at le time of his execution of this Deed of Trust, and such as he may have acquired therealbM Trustee's deed shall redta the facts tiv3wing that the sale was conducted in enmpiianoe with all the requirements of law and of this -Deed of Trust, which recital shall be pridTA facie evidence of such compliance and iraclusive evidence thereof in favor of bona fide pard maere and eneumbrancers for value. I.. The power of Bale conferred by this Deed of Trust is not an exclusives remedy; Beneficiary may caaav title V"d of lYust to be foreclaeed rartgage. S. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may mixiint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trudbeve shall be vested with all powers of the original trustee. The bms ee is not obliged to not* any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Ttustor. Trustee or Rene5ciz y shall be a party unless such action or proceeding is brought by the Trustee. 9. This Deed of Trust applies. to, inures to the benefit of, and is binding not only on the partim hereto, but on their heiis„ devisees, legatees, administrators, exetdWAs,.swxessors and assigns The tern Beneficiary shall mean the holder and owner of the arcs secured hereby, whether or nut named, as & t eficiary herein. 10. Request for :V'btice of befittkIt or Notice of Sale. It is requested that a copy of any Notice of Default or Notice of Sale be mailed to each person who is named in this Trust Deed at the mailing address of such person as set out above. WOUCk TO CONSUMER: 1. Do not sign this paper before you read it. 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law. Signed this - 13 day of - Jan nary , A.D. 19$9_ STATE OF NEBRASKA Hall COUNTY i es. On this 13 day of.— JdnualW A.D., 19JH—_, before Che undersigned, a No commissioned and qualified for and residing n said coun tart Public, duly Vance, husband and wife g tY personally carne Dnnaid R vamp and Shirley L. to me known to be the identical person _S whose name S_ affixed to the foregoing instrument as Trustor S and acknowledged the same to be _ their vol- untary act and deed Witness my hand and Notarial Seal the day and year 1 i My Commission expires the 8 day1 M Of - February , 1s�1_. _ SWR111-1f. WATfi<Offii STATE ©F. ) County Raged in Numerical Index and filed for recordnn the office of the Register of Deeds of said county, the daY al' + 111 at o'clock and minutes M., and duly recorded in Book Mortgages Se a of P J ;; -- f -