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89-102688 <br />4 As additional easy, Trustor herehy give-4 to and confers upon Ileneficiar% the right, power and authority, during the continuance <br />of these Tyustil tq IC jhe rents, issues and profits of said property, reserving unto Truster the right, prior iii any default by Truster <br />in payment of any indebtedness secured hereby or in perfortrtance of any agreement hcreundtir. to collect and retain such rents, issues <br />and profits as they become due and payable Upon any such default, flenefciary may at any time without notice, either in person, by <br />agent, or by a receiver to be appointed by it court, and without regard to the adequacy of any security for the indebtedness hereby secured, <br />enter upon anti take pam"4ton of said property or any part themif, 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 Renefiaiary <br />may determine. The entering upon and taking poasession of said property, the collection of such rents, issues and profitx and the application <br />thereof as aforesaid, shall tint cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. <br />S. Upon default by Truster in the payment of any mdohtednesa secured hereby or in the performance of any agreement contained herein, <br />e <br />all sums secured hereby shall immediately bctxim due and payable at the option of the RenePiciary. 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: I D to the oxpenfte <br />of the sale, including a reasonable Trustees fee• •1'.r to the obligation secured by this Wed of Trust: tali the surplus, if any, shall be distributed <br />to the persona entitled thereto. <br />6. Trustee, LOWt.deimer to the purchaser at the salt, its deed, without warranty, which shall convey to the purchaser the interest In <br />the propert,_ %h:c3t'1mAvc had or had the power to cunvey at the time of hta execution of this Deed of Trust, and such as tie may have <br />ajWireft thksreOler. Tmstiea's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements <br />of; raw avi of t)ws Atrd vS Trust, which recital shall be prima facie evidence- of such compliance and conclusive evidence thereof its, Nvor <br />of bona fide pw rA-Isers and encumbrancers for i alue. <br />7. The Yo w•etr 4 sale conferred by this Deed of Trust is not an ex.IvvtS rietriedy: Beneficiary may cause this Deed of Trust to be forec sed <br />as a mortgmW <br />8 In the event of the d;; .th, incapacity, disability or r"ignation of Trustee. Beneficiary may appoint in writing a successor trtrsttile. <br />and upon the recording of quO appointment in the mortgage records of the county in which thin Peed of Trust is recorded, the successor <br />trustee shall be vested wtr~h alt powers of the original tru-itcw fhe trustee is not obliged to notify any party hereto of pending sale under <br />any other geed of Trust ur of any.sctimy or proceeding in which Truster. 'Trustee or Beneficiary shall be 'a party unless such action or <br />proceeding is brought by this Trustt , <br />9 This Deets of Trust aprlt„s. t; . Inures to the her K:6f (if, and t, hinding not only un the partes hera;t;•.• but on their heirs, devisee" <br />legatees• adminurtrators. er- ,,=ors .yuccessor9 .rod. i�vi�is Tht• terns Beneficiary %hall inPan the' holder anti owner of the note: secum -d <br />hereby whether or not ftb=j?Ai cg t$neftciar• herein <br />10 Request for Notice of Default nr. NQUce of Sales. [i: ie, rtr;ur..0,rrr that it ropy of any Notth of Default or Notice of Sale be mailed to <br />each person txho.is named in this Trust. L4mf at.t!ata mi :h-vi; addrf?w. cF :•ach pem in ac set out ahk w. <br />NOTICE TO CONSUMER: 1. Do not ttrgn this paper before you 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 be entitled <br />to receive a refund of unearned charges in accordance with law. <br />Si►tned this _ 24 day of May.. - - -. _ J)_ to 89 _ <br />t n <br />T�ATE OF h FhkASKA i X <br />; <br />Nall ___ - <br />_.—. COUNTY X r : - -- On this 24 _.. day of :. < - A 1). 19 89 , before me. the undersyed a Notary Public duly <br />commissioned and qualified for and residing ira.said county, personally came �uq! _ . J. audde and Nadine J. Budde, <br />husband & wife - to me known to he the identical person S whose name .5 _ affixed to the foregoing <br />instrument as Trustor 5 __..__.. _ . _.... .. and acknowledged the same tot _.% _ _� Vol- <br />untary act and deed. <br />Witness my hand and Ne>Wrial dal the day and year 1, «.. <br />My Commission exp;res the 8 day 1, <br />of _T ___ �_- February Iy g1_ W V. WATSW _-- <br />1 - -- - -- _ - - -- <br />' -� Public _� J <br />STATE OF <br />i ss. <br />countF i <br />Entered tea. Numerical index and fa!L4 for record in the africe of the Register of Daveds i;.f.satid county, the ..-_. —.._ <br />day of t9__ _. . at —__ -- <br />-- <br />minutes —__• -_ -•- M and duly recorded i,n. &Y)k <br />Mortgages page - - - - - -- - - - <br />C <br />- - Register of Deeds <br />mil EKt •tiF :� .•.:.. -_..._ ..,__,. <br />Deputy <br />R' <br />e. <br />MR <br />