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10185' <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 Tnrstor <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, b <br />agent, or. by p< recefver'tii,be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, <br />enter upon. and ;Lake "ssesaion .of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and <br />profits, iacluiiug thoise'past dda•and unpaid, and apply the same upon any indebtedness secured hereby, and in such order-as Beneficiary <br />may Oht-e �rt-e. The entering ikon and taking possession of said property, the collection of such rents, issues and profits and the application <br />thereofaa:i6resaid, shalt not cir-a o4 -r iva any default or notice of default hereunder or invalidate any act done pursuant to such notice. <br />fi Upon default by TTilster.:in the palimant of any indebtedness secured hereby or in the performance of any agreement contained herein, <br />all sums secured herein shall immsdiately became due and payable at the option of the Beneficiary. In such event and upon written request <br />of Beneficiary, Trustee shall sell the bust property, in accordance with the Nebraska Trust Deeds Act, at public auction to the highest <br />bidder. Any person except Trustee inay bid at Trustee's.sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense <br />Cthis sale, includinga reasonabU.1hi tzzs fee; (2) to the obligation secured by this Deed of Trust; ( 3) the surplus, if any, shall be distributed <br />to �!-_' persons entitled thereto. <br />"knee"' ver tD. the,pr�r at the sale its deed, without warranty, which shall convey to the purchaser the interest in <br />the p=rq_--t�v iv?ii- Trastot:hati - -3is.3the power to convey at the time of his execution of this Deed of Trust, ar-d such as he may have <br />aeqle-ne3';btreafti:r. Tr� aeeA aw recite the facts showing that the sale was conducted in compliance with all the requirements <br />of last and of this Deed of Trus4,schich recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor <br />ofAza Ai'He purchasers and encumbrancers for value_ <br />7. Me power of sale conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed of Trust to he foreclosed <br />As a mortgage. <br />8. In the event of the death, incapacity, disability or resignation of Trustee. Beneficiary may appoint in writing a successor trustee, <br />.and upon the recording of such appoirtment in the mortgage records of the county In which this heed of Trust is recorded, the successor <br />trustee shall be vested with all pourers of the zininnal trustee. The trustee is not obliged to notify any party hereto of pending sale under <br />any other Deed of Trust or of any proceeding in which Truster, Trustee or Beneficiary shall he a party unless such action or <br />proceeding is brought by the Tr,73�ee_ ' <br />9. This Deed of Trust appt »_s 2n, inures to ;the benefit of, and is binding not only on the parties hereto, but on. their heirs, devisees, <br />legatees, administrators, exacatarrs,. successors _ancl assigns. The term Beneficiary shall mean the holder and owner of the note secured <br />hereby, whether or not nium- i as Sanefiiciarp• he ^airs. . <br />10. Bequest for Notice of befzuh or sJce of Sale-, I•t is requested that a copy of any Notice of Default or Notice of Sale be mailed to <br />each..- ,erson who is named is t ;s.Tr= Deed at-the 7,sailing address of such person as set out above. <br />NO'aCE TO CONSUMER: D. Do not sign this paper before you read it. 2. You are entitled to a copy <br />of the paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled <br />to receive a refund of uaneamed chaT-ges in accordance with law. <br />Signed this 12 day 61 April , A.D. 19-AL.. <br />-. <br />STATE OF NEBRASKA ) ��m��v�iK <br />Ha 11 ' �. [lf. <br />COUNiY 1� <br />> " Al 2 � <br />On this em ` __ n -" = _ A.D- ; 19 89, before me, the undersi , a Notary Public, duly <br />commission and q alit ed for and resin ::rg in sad county, personally came �lamf2S � Zimbel an and Karla K. <br />T- imbelman, hllsh�z��d and w,r�3� �, s s '�"��� - -- -- -- <br />_ _ _ o ire kris -Ar -- 'to be the identical person _ whose name -- affixed to the foregoing <br />instrument ss Trustor s - —__ _ :z74 .acknowledged the same to be — their vol- <br />untary act r-and dieed. <br />Witness my hziy:A 1�::d Notan-2 Sea.. c> a day and ai•ar ;z, ) <br />My Commissior expires the ... __. 8-- - -- - - - -- -- ---- char IOTAAPSI1te pI Nttt�tw rf/ <br />of br s..fy 1i1• a1 lNEIIM Y. WAt>fOH u <br />i1�tG�lia>~iii: P�Llic <br />STATE. OF <br />f <br />Entered in Nume,h�a: Inder :,ad filed for record :in ih•e hffce of the Register rif Deeds of said county, the <br />day of — __.T. . _. .�- , 19 , at _.. -•- -_ o'clock and <br />minutes _.__ .- _-------- .._ -.. _. M ..g •n7 rs.;Iy recorded in Bic t - of <br />Mortgages page <br />r <br />1101 t�!iVY. <br />Register of Ileed:+ <br />Itehllty <br />AI <br />ill <br />J <br />.�l <br />