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F <br />89140751 <br />1 of then As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during he continuance <br />these Trusts to collect the rentm. issues and profits of said pro g <br />periy, reserving unto Trustor the right, prior to any default: by Truatar <br />in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues <br />and Profits as they become due and payable- Upon any such default, Beneficiary may at any time without notice, either in person, by <br />aterut, 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, including those post 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 />b. Upon default by Tsnstor 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 <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's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense <br />of the tale, inclurifcg a reasonable Trustees fee; (2) to the obligation secured by this Deed of Trust; l3► the surplus, -if any, shall be distributed <br />to tls� peisons ent�tW thereto, <br />thd 6 Tnistee shall Miver to thp, purchaser at the sale its deed, without warranty, which shall convey to the purdiaser the interest in <br />irerrperty which T:ustor had or had the power to conies at; the time of his execution of this Deed of Trust, and such as he may have <br />.s�urred'thereafr.' Trustee'a deed shall reciibz the facts sbxww mg t; t the sale was conducted in compliance with all the requirements <br />..'., •'¢e "acid and of this Deed of Trust, which recita-l; 4MR- be prima :;-ac ­4 evidsnee of such compliance anal mncluaive evidence thereof in favor <br />trwro, a fide ;la- <br />and encumbrancers for <br />, e.power of sale conferred by this Deed of.T-- rst-fs riot;,, exclusive remedy; Beneficiary may a se this Deed of Trust to be foreclosed <br />S.• C>T the e«!, t of the death, d£s:bil:ty or ;rslj;44tiur: of Trustee, Beneficiary ma_, opoint in writing a successor trustee, <br />and upon the it J:trding of such appointment its the mortgage records of ehe county in which V) s Utmd of Trust is recorded, the successor <br />trustee shall Itie vtr,xd with all powers of the: tirBinal trustee - The trustee is not obliges to notFy any party hereto of pending sale under <br />any other Deed - X-M-rust or of any action or" p - seeding in which Trustor, Trustee shall be a party unless such action or <br />PrOmed?nF i NM�i ht by the Tru-tree. -e. <br />9. Tnia lli ei of Trust applies to, inures to the benefit 44.:: and is binding not only nu; d: parses hereto, but on their heirs; devisees, <br />legs x . a3 ri;;i i Mote, c�r�ctors, successors and assigns. The term Beneficiary shalt mean thus 1;,1.lder and owner of the note secured <br />herebyrsrhet'�• "riot named as Beneficiary herein. <br />10. Rogaest fair Yk5t#rss of Default or Notice of Sale. it is m-;uested t tats, r-iroy of env'.•i+:> r� aI Ilr�j;�g rtr ,tiltice of Sale be mailed to <br />each peman rr m, P. imn o'i id this Trust Deed at the mailing o:,$df m of a �. j erson as sgt; rnarrf -ke,. <br />NOTI+€'iri TO CfJ'XWMR: 1. Do not sign this paper I efore you LIt' d i_.��, "� Ci r entitled to a copy <br />of this & You may prepay the unpaid balance at any time withwat, p erA =y 9nd may be entitled <br />to recehort is refund of unearned charges in accordance with law. <br />Signe.dthis ----!—day of February -A.D. 19 89 <br />STATE OF NEBRASKA ► �_ �`` CLL r'j. <br />Ha COUl4" <br />11 <br />fY ► <br />On this 9 day of February ., A.D 19. 8g , before me, the undersigned, a Notary Public, ri7rh1',;' <br />commissioned and qualified for and residing in said county, personally came -Percy _- Unt"n and T r ��. I., C) , <br />husband and wife to me known to be the identical person S_ whose name 5— affixed to the foregp;11tt1 <br />instrument as Trustor S a, ►di •acknowledged the same to be .___ _.2,bL i r col- <br />untary act and deed, <br />Witness my hand and Notarial Seal the day and yearl <br />My Commission expires the ___ ! _ d 6EIkRAt 8111i1RY -Stale of Ae :ko <br />of _ . 19 y sHERM Y. WATSON <br />Public <br />Si ATE OF <br />-__ ►ss. <br />County i <br />j 151texi it in Numerical Index and filed for record in the office of the Register of Deeds of said cant., . tite <br />! as of _ - - -- _ _ 19 at _ eclock and » - -- <br />urinuLes X, and duly recorded in Book <br />a page -- of <br />Mo rib es <br />B <br />c <br />m <br />Register of Deeds <br />991 D2tNEr <br />Deputy <br />L. <br />t <br />4 <br />iT <br />q!~ <br />a <br />Its <br />r <br />�r <br />ElJ <br />