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�3 <br />1 <br />r 89- 101147 <br />4. As additional security, Trustor 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 Trustor the right, prior to any default by Trustor <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 />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 otherwise collect such rents, issues and <br />profits, including those past 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 ouch 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 suich notice. <br />5. Upon detitialt by Trustor in the payment of any indebtedness serued, hereby or in the performance of any agrei-nent ce laud herein., <br />all sutra secured bweby shall immediately become due and payable at ti ,,e option cf the Beneficiary. In such eveafi p=1 apcn w not ez request . <br />of Beneficiary, ` Vurtee shall sell the trust property, in 4xcrdanve -wz*h lie.•fiebra*e Trust Deeds Act, at pa'Si'e an w, ti .e highest <br />bidder. Any person except Trustee may bid at Trustee's sale. Trug.*ae s`4:1 apXy Ms pp- oceeds of the sale as asperse <br />of the sale, imeusng a reasonable Trustee's fee; (2) to the obligation- nai by tom. Dref of Trust ;.Q the surplus, v ^n?; s�iv3l Ths'istributed <br />to the person?,gn —Wted• therew <br />g Trustee .sl .{1 "z} i, at �.,. the purchaser at the sa W`rte; daed, aFtcout warran _g: "Which shall convey to t'aa :ps� iiser this interest in . <br />the property >Khich'iT6_,r r t rd: or had the power to ��7-c aE the time of his execution of this Deed of such as he may havls% <br />aWaired therea?:zr_: Tfaib?es deed shall recite the f T&wing•t14L-': the sale was conducted in compliance with all the requirements <br />of law and c: t41i 'deed of Trust, which 'canal shall 6 prima faciry T;',!ence of such compliance and conclusive evidence thereof in favor <br />of bona fide VL:i "asers and encumbrancers fear value. <br />— — The po :ccr of ssle confer ed Ly tl� Drt;& cf Trust ari. an exci,ZsilkT, remedy; ifenehciary may cause this need of 'bust to be foreclosed: <br />As a mortgage. <br />8. In the event of the death, incapacity, disability or resignation of Trustee, greficiary may appoint in writing a successor trustee, <br />and upon the recording of such appointment in the mortgage records. of the county in which this Deed of Trust is recorded, the successor <br />trustee sha_'- >be bested with all powers of the original trustee. Therrv-tee is not obliged to nadil, any party hereto of pending sale under <br />any other Dimd, " ?f Trust or of any action or proceeding in which, Tmttor, Trustee or Beneficiar �- call be a party unless such action or <br />proceeding is `b :flight by the Trustee. <br />9. This De&Y - of Trust applies to, inures to the benefit % and is binding not only on the parties heir. -tu:. fait; on their heirs, devisees, <br />legatees, a&7zir,.s_strators, executors, successors and assns s The term Beneficiary shall mean rr>d. rF-ter of the note secuW, . <br />hereby, wheL'-_=rcanot named as Beneficiary herein. <br />10. Request f,r Notice of Default or Notice of Sale. It is requested that a copy of any Notice of D&Wt• or Xatoa,.X- 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 CONSUMER: 1. Do not sign this paper before you read it. 2. You are entitled to a copy <br />of this paper. S. 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 />3 "; Ch 89 <br />Signed this day of , A.D. 19 <br />STATE OF NEBRASKA ► _ .csa� /� <br />Hal 1 Elf, X -- _ -- — — <br />COUNTY <br />on this 3 &3.u, of March , A.D., 19 89 , before me, —the undersigned; a Nratary Public, duly <br />commissioned and qualified for and residing in said county, personally came D^ 1dS_J_ Haudek anti tj.U$iLi ^F-t ,R.,. <br />Houdek, hw hand and wife to me known to be the identical penonS —_ whose n -ame. 3_ affixed to the foregoing <br />instrument as Trustor S _--and acknowledged the same to be ._—_, :...Allei r vo1. <br />untary act and deed. <br />Witness my hand and Notarial Seal the day and }•"err 1 tlY,� d fidf�sk7 <br />My Commission expires the 8 da p�M y, WAY80N <br />i of Fe&uary__ , 19_$l. r :,nom <br />a <br />STATE OF <br />► ss. <br />County ► <br />Entered in Numerical Index and filch for record in the of o-1 of the Ngiit'er of I)ee ly 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 />991 F.82INE, <br />Register of Deeds <br />- Deputy <br />In <br />I <br />n <br />