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<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 herebv 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 />agen* 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 othe rise 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 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 sums 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'-q 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 Trustor 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 therew'ler. Trustee's deed shall recite the facts showing that the sale was conducted in - ompliance with all the requirements
<br />of law and of this reed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor
<br />of bona Lde purchas2ra and encumbrancers for value.
<br />7. The power of sal- 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 cf the death, incapacity, disrbility or resignation of Trustee, Beneficiary 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 he trustee is not obliged to notify any party hereto of pending sale under
<br />trustee shall be vested with all powers of the original trustee. T
<br />any ether 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, int,res to the benefit of, and is binding rot only on the parties hereto, but on their heirs, devisees,
<br />legatees, administrators, executors, successors and assigns. The term Beneficiary shall mean the holder and owner of the note secured
<br />hereby, whether or not named as Beneficiary herein.
<br />10. Request for Notice of Default or Notice of Sale. It is requested that a copy of any Notice of Default or Notice of Sale be mailed to
<br />each person who is named in this Trust Decd at the mailing address of ouch person as set out above.
<br />NOTICE TO CONSUMER: 1. Do not sign this paper before %,ou read it. 2. You are entitled to a copy
<br />of this paper. 3. You may prepay the unpaid balance at any time without penalty and may by entitled
<br />to receive a refund of unearned charges in accordance with law.
<br />Signed this _ 25 day of _ ADf 1 I _ A D 19 —$9
<br />STATE OF NEBRASKA )41
<br />Hall COUNTY ) ss
<br />0,-., this __26 day of Apr i 1 , A.D. 1y,, 89 before me, the undersigned, a Notary Public, duly
<br />ceramic +ioned and qualified for and residing in said county, personally carne Dail L. Smith & PP.arl R. Smith,
<br />husband & wife to me known to be the identical person S whose name aMxe:c to the foregoing
<br />instrument as Trustor 5 and acknowledged the same to be their Vol-
<br />untary act and deed.
<br />Witness my hand and Notarial Seal the 8 y and year last above written.
<br />My Commission expires the da a wiwRY State of Mtbruw
<br />of February 19 91 —a FRIZ1,f_W1TAnN ..
<br />STATE OF
<br />— County j
<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 — o'clock and _
<br />minutes M., and duly recorded in Book of
<br />Mortgages page _.
<br />r.,
<br />Register of Deeds
<br />991 E82 iNE)
<br />Deputy
<br />
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