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airy <br />.. i <br />rC <br />r <br />F <br />RE-RECORDED <br />".160487 89r- -1.01 150 <br />4. A�'ai�li�eiti Uty, Truoar. hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance <br />of these Tiwts to collect the rents, issues and profits of said property. reserving unto Trustor the right, prior to any default by Ttustor <br />in M_ "!""t of say ini�ht ne>s secured hereby or in perform —once of an 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 awh rents, issues and <br />profits, including flares past due and unpaid: and apply the some upon my indebmolviess secured hereby. and in such order as Berieficiary <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 />5. Upon default by Trustor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein. <br />all s r 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 sale, including a reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus. if any. shall be distributed <br />to the persons entitled thereto. <br />6. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in <br />the property which TmAor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have <br />acquired thereafter. Trustees deed shall recite the facts showing that the sale was conducted in compliance with all the requirements <br />of law and of this Deed of Trust. which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor <br />of bona fide purchasers and encumbrancers for value. <br />7. The power of sale conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed <br />as a mortgage. <br />8. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing 5 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 />irusixe shall be vaste3 with ate powera of the one -nal trustc.c. The trustee is not ebtige,i to notify any parr) hereto of pending sale under <br />any other Deed of Trust or of any action or proceeding in which Trustor. Trustee or Beneficiary shall be a party unless such action or <br />proceeding is brought by the Trustee. <br />9. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, <br />feptees, administrators, executors, successors and assigns. The term Beneficiary shall mean the holdtir and owner of the note secured <br />tirdfa, whether or not named as Beneficiary herein. <br />l EQUEST FOR NOTICE OF DEFAULT OR NOTICE OF SALE: It is, requested that a copy of any Notice of ll*&ult or any Notice <br />riES$io <br />be mailed to each person who is named in this Trust Deed at the mailing:address of such person as set out above <br />NOTICE TO CONSUMER: 1. Do not sign this paFer.befum you read it. 2. You are entitled to a copy <br />of this paper. 3. You may prepay the unpaid bal=ae.'tiEt. tray time without penalty and tnmy be entitled <br />to receive a refund of unearned charges in accordancer with law. <br />Signed this 27 day of January _, A.D. 13�i�. �► !� `n <br />STATE OF NEBRASKA <br />Hat x 1 as. <br />COUNTY ) , <br />2T. Januar 89 <br />On this � day of .__�____, A.D., 19 , befiaro me, the undersigned, a Notary.P +il7lic, duly <br />commissioned anti: qualified for and residing in said county, personally came.; Sondra R 14CCailrt•- -��_ <br />to me known t,2 ,he the identical person — who".- .name — affixed to `flue foregoing <br />instrument as Trtxomr and acknowledged the same to be her Vol- <br />untary act and de+A <br />Witness my hand ruid Notarial Seal the due= uteri year 1 <br />My Comm set• <br />iss- expires the 8 dos% (ill ` i 7 <br />of _ Fe rnary , 19 91 simm V. WAY$" <br />Pub is <br />STATE OF ► <br />County ► ' <br />Entered in Numerical Index and filed for record in the office of the Register of Deeds of said county, the ----- <br />day of .-- , 19 ^_.., at . __ Alock and <br />e minutes M., and duly recorded in Book _.., of <br />hinr< ;tg page <br />es <br />C <br />Register ofDF:eir <br />