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
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