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101594 ' <br />4. Ae aid!t� l urity, Truster hereby gives to and confers upon Beneficiary tho raht. power and authority, during the continuance <br />Of these ?niete`to tblllrt the rents, issues and profits of said property, reserving unto TruotaA' the right, prior to any default by Truster <br />in payment of any indebtedness secured hereby or in performance of any agreement hatoun4im to cou tt and retain such rents. imm <br />and profits as they become due and payable. Upon any such default, Beneficiary may at anlj 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 anjf,a. curity for the indebtedness hereby secured, <br />enter upon and tape possession of said property or any part thereof, in his own name sue,ft or otherwise collect such rents, isswlss and <br />profits, including those past due and unpaid, and apply the same upon any indebtednaa9 seou" hereby, and in such order as Beneficiary <br />may determine. The entering upon and taking possession of said property, the collection of scab rents, imm and profits and the oppli atim <br />thereof as aforessid. shall not cure or waive any default or notice of default hereunder or invalidate any act.done purawnt to sunk notice. <br />5. Upon default by Truster in the payment of any indebtedness secured hereby or in the peearmance of any agreement contained herein, <br />all sums secured hereby shall immediately become due and payable at the option cf the Beneficiary. In such event and upon written requaL <br />of Beneficiary, Trustee shall sell the trust property, in accordance with the Nebraska .Texiii Deeds Act. at public auction to the highest. <br />bidder. Any person except Trustee may bid at Tmatees sale. Trustee shall apply the pronieds 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 thin Deed of; mist; (3) the surplus, if any, shall be distributed <br />to the persona entitled thereto. <br />6. Trustee shall deliver to the purchaser at the sale its deed, without warrant a, whiaba shall convey-, ':m: the purchaser the interest in <br />the property which Truster had or had the power to convey at the time of his executinn, f this Deed ar, Mmist, and such as he may have <br />;'•,. <br />acquired thereafter. TruaWs deed shall recite the facts showing that the sale was cundurted in complls)aw with all the requirements <br />of law and of this Dee of Trust, which recital shall be prima fhfak.evidence of. suds oaTliffa --w and to'�a'30ve evidence thereof in favor <br />of bona &iapurchaner* imL.i;i s-u bnarners for value. <br />?. Thre Wirer of sale � ,f -%%red +sr th-a Deed of Trust is not an.e--%,d air taw iriiiie3y fienerja&¢ F may cause VEz�t,Deed of Trwt to be foreclosed <br />as a mortgage. <br />8. In the event cf thp.,death, incapacity, disability or resignation eif'1'riilv_e, :-13knatimary may appabvt iy writing a successor tr ee. <br />and upon the recori.`Ng.of such appointment in the mortgage records of die. r_ iirii;f: in which this Deed of finest is recw.W..the succassor <br />trustee shall be vested with all powers of the original trustee. The tritate ic41ot. obligrd�to notify any party hereto cC g sale under <br />any other- Heed of Trust or of any action or pnimeding in which Truster, Tr -ustee on Baneficiary shall be a party 61asrg such action or <br />proceed.'* is brought by the Trustee. <br />9. Th:a Deed of Tria'applies to, inures to the benefit of and ua hindinj nisi, only-on the parties hereto, but on tlar Hairs, devisees, <br />legatees, administr,; w--� executors, successors and assigns- The term Heneti.6iry AuiU mean the holder and owner o?. fir r note secured <br />hereby, whether or cot named as Heijefrciary herein. <br />10. Request for Notice of DefaJit. cr. Notice of Sate. It is requested that. a c3py• of nny hJx ze of Default or Notice of We be mailed to <br />each person who is named in th- Tkwr, Deed at the mailing address of such person.un'4t: out )>r 67e. <br />NOTICE TO CONSUMER; 1. Do not sign this paper before you read it. 2. Hnu are entitled to a copy <br />of this paper. 3. You may prepay the unpaid balance at-tiny time withoiitt i,*mmRty and may be entitled <br />-+ �- <br />to receive a refund of unearned charges in accordance with law. <br />L <br />Signed this 28 day of. March ,A.D.19. Eg�. <br />_ <br />STATE OF NEBRASKA ► X L %� J <br />-- - -- -- <br />1 a9. ell <br />_�,—,I all COUNTY" ► X _ .__.._..r - <br />On this . 28 — day of _ _._Marcli A.rj:, 19 89 , Wime idle, the undersigne'l.!G. Notary Pu' ?.ti."t1 L� <br />commissioned and qualified for and residiii& in Maid county, pers.,rt.:rlly came James R.' #V' 5JT1 & i":ig -nos K '1.41 son, <br />husband & wife to me known to be the whose name -5- affsr..ui'a u6 'z*' fore oin <br />1; g <br />instrument as Trustor and :ii- i-ni"i l d ed the Name to be... thel r vol- <br />untary act and deed. <br />r ....: <br />Witness my hand and Notarial Seal the daffy a)atr; year la#t a..:.....iN:- ..�.`� ...� <br />My Commission expires the 8 — da tn1Mlf,Sl�ei of NID;,;N] , <br />of __ — ___._-- _Feirlldr�L— _ l9 9a. NiE W V. wA <br />__ . <br />blic <br />..: — -- - - - -- — <br />tiff <br />STATE OF <br />r es. <br />County r <br />Entered in Numerical Index and filed for record in the offlov of the Register of Deeds of said county, the <br />day of _- . —__�_ __ ....._ . 19 - --... at ..._-__ — oclock and <br />minutes ____ .,— _ — .___.. _ __. ___ St, and duly recorded in Book - _ _ _ .._ . __ of ._- <br />Mortgages page . �_ -- - -- -_ -_ -- •-- ._._._..___.__...._. <br />C <br />Register of Deeds <br />991 FRO'Nr_' _ Deputy <br />U <br />J <br />A <br />x <br />f' <br />