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89-- 101110 <br />d. Aijpd�liti f;(1 l�edtlty, TrafRor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance <br />of these Trusts to collect the rents, issues and profits of said property, reserving unto Truater the right, prior to any default by Truster <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 say such default, Beneficiary may at' anp 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 othawise collect such rents, issues and <br />profit,, including those pant 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 poeseasim 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 ofdefault hereunder or invalidace.any act done pdrivant to such notice. <br />b. Upon default by Truster in the payment of any indebtedraw secured hereby or in the pert• riance of any agn6ment coataiaed herein, <br />all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon writtem regwst <br />of Beneficiary, Trustee shall sell the trust property. in accordance with the Nebraska Trust Deeds Act, at public siutam let the- hictigg <br />bidder Any person except Trustee may bid at Trustee's sale: ,Trustee shall appYy,the proceeds of the sale as follower (fil a es,�ee <br />Of the sale, including a reasonable Trustee's fee; (Z to the obl- gation secured by fits Deed of Trust; (3) the surplus, if any, All be <br />to the p eoms; entitled thereto. <br />6. Trustee shall deliver to the putshaser at the sale its dr 0, without warranty, which shall convey to the purchsrser the interest in <br />the property which Truster had or aakthe power to convey at the time of his execution of this Deed of Trust, and guch"es he may : tie <br />acquired thereafter. Trustees deed sisi6R'redw the facts abiwing that the sale was conducted in compliance with all thb requireiaotf�4 <br />of law and of this.Deed of Trust, w� Liredtal shai: be priam facie evidence of*mch compliance and conclusive evidence thereof ia. et?5 <br />of bona fide purchasers and encumbrnyners for value. <br />7. The p" er of sale canfe-rmd by tbhs Deed of Trust is not +an exclusive remedy; BeneC -c4ep ¢agy cause this Deed of'iisii;(s :o bo foreclosed <br />as <br />S. In the event of the death, incapacity, disability or n0gnation of Trustee-: La c3ary may appoint in writing a "iWevesoor trC*­6�w, <br />and upon the recording of such appointment in the mortgage records of the maihbh - *in which this Deed of Trust is recgrrrd, time sncsa �r <br />trustee shad be vested with all powers of the original trustee. The trustee is not obliged to notify any party hereto of ,'ing :;�SF7� uf~:er <br />any other Dees of Trust or of any action or proceeding m which Truster. Trustee or Beneficiary shall be a party U!Zf•-� 3dG�,rrX'`lyd� or <br />proceeding is brought by the Trustee. <br />9. This Deed of Trust applies to, inures to the benefib'of, and is binding not only on the parties hereto, but on their heirs.. -defuses, <br />legatees, administrators, executors, successors and assigm. The term Beneficiary shall mean the holder and owner of the note woofed <br />hereby, whether or not named as Beneficiary herein. <br />10. Request for Notice of Default or' otice of Sale. It i6 requested that a copy of any Notice of Default or Notice cE u�`e be mailed to <br />each pm.cIa who is named in thisTrs;.t hoed at the mailir " addre&-. of such person as set outa(are. <br />NOTICE TO CONSUME& L Do not sign this paper before you read it 2. You are enfided to a copy <br />of this paper. & You may prepay the unpaid balance at any time without penalty and may be entity <br />to receive a refund of unearned charges in accordance with law. <br />Signed this 2 day of March , A.D. 19 89 . <br />STATE• OF NEBRASKA ► e 4� <br />Hall COUNTY l sq <br />On this Z day of March , A.&. 19 89 ,before me, the undersigned. a Notary Public, duly <br />commissioned end qualified for and residing in said county, personally came Hobert A. Fl Iswrhh A Nhn 1 y Fi lwirth� <br />husbaid & wife, to me known to be the idt.ntical person ._S_ whose name S _ affixed to the fo`reggoing <br />instrunT.ent as Truster s and acknowledged the same to be their Vol- <br />untLry ad and deed. <br />Witness my hand and Notarial Seal the day and year I� , <br />My Commission expires the 8 via'' d Ni�lki <br />j. of -- - FAhrffary_. <br />blIc <br />STATE OF <br />f <br />Caulty <br />Enten=,d in Numerical Index and tiled for record in the office of the Register of Deeds of said county, th <br />day of i9 , at _ o'elock and <br />• minutes M., and duly recorded in Book of <br />Mortgages page <br />s <br />991 E82 (5Bf <br />L <br />Register of Deeds <br />-- - - -- - ---- Deputy <br />1� <br />J <br />fro <br />E� <br />w. - <br />