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<br />4. As additional security, 'D` wow lioreby gives to and amft -" upon Beneficiary the right, power and authority, during ti►i+ continuance
<br />of these Trusts to collect the rents, issues and profits of satd property, reserving unto Truster the right, prior io any defiiult by Truator
<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, 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 such rents, issues and
<br />profits, including those past due and unpaid, and apply Me 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 am aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
<br />b. Upon default by Truster 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: retch the trust property, in accordance with the Nebraska Trust Deeds Act, at public auction to the highest
<br />bidder. Amy Pem'm cxcept'lktstee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense
<br />of the sale. Inc%yh:W a reason iNt Trustee's fee; 121 to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed
<br />to she• persons entitled thereba
<br />& Trustee shall. deliver to the purchaser at the sale its deed, without warranty, wNQh . aha)l convey to the purchaser the interest in
<br />the property w-hidi Truster had or had the power to convey at the time of his exeeuVt n of this. � of Trust, and such as he may have
<br />acquired thereafter. Trustee's deed shall recite the facts Rowing that the sale was conducted in ompliance with all the requirements
<br />of i w and of this Deed of Trust, which recital shall be pr;=a facie evidence of such, sampHance and conclusive evidence thereof in favor
<br />ride Of Wna e purchasers and emcumbrancers for value.
<br />71 The power of sale confernA by this Deed of Trust is not an exclusive remedy. Wmefwiary may cause this Deed of Trost to be foreclosed
<br />as a mortgage.
<br />R, 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 appointment in the mortgage records a( th's county in which this Deed of Trust is recorded, the successor
<br />trustee shall be vested with all powers of the original trustee The tail. ". rs not obliged to notify any party hereto of pending sale under
<br />any .other Deed of Trust or of any action or proceeding tin which Trzuam, Trustee or Beneficiary shall be a part .unless such action or
<br />proceeding is brought by the Trustee.
<br />9.17his Deed a Trust applies to, inures to the benefit of, and ks bir. -ding not only on the parties hereto, but on their heirs. devisees,
<br />Iegatees, admimcstzntors, executors, successors and assigns. The tern Beneficiary shall mean the holder and owner of the note secured
<br />heroby, whethewcTnot named as Beneficiary-•nerain.
<br />10 Request for Notice of Default or Notice of Sale. It as requested that a copy of any Notice of Default or Notice of Sale be mailed to
<br />each person who is named in tbzA Trust Deed at the mailing address of such person as set out above.
<br />NOTICE TO CONSUMER: 1. Do not sign this paper before you read It. 2. You are entitled to a copy
<br />Of this paper. 3. You may prepay the unpaid balance.eit any time without penalty and may be entitled
<br />to receive al refund of unesrnsaA nliawaa ism "d— rdance F:t** :m�.
<br />Signed this)-_?. - -_. day of June A x.19 89 _
<br />STATE Or, NEBRASKA --
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<br />Hal I COUNTY 1 __ _ >,_ _ •s s:
<br />On this _2 day of June— A.D., 19---W.. before me, the undersigned, a Notary Public, ;duly
<br />Commissioned; and qualified for and residing in said county. personally came Daryl L. Smith and Pearl R. Smith
<br />band ,and wife to me known to be the identical person -s whose name S affixed to the foregoing
<br />instrument as Trustor —. S -- _ -_ _ _ _ and acknowledged the same to be their vol-
<br />untary asst and deed.
<br />Witness my Fund and Notarial Seal the day and year last =
<br />My Cbmmia-zion expires the � _ _ day � fipMf,�Ut ttf 1Nllgttt
<br />of i __February . 19.91 ._. M1OW V. WATWH
<br />STATE •OFv
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<br />County , rs.
<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 _ oclock and _
<br />minuu%a — — X. and duly recorded in Book _ ..__ -- _ -•. __ -- of _ --
<br />wirtgages page — - -- — -- - -- -- —
<br />----------- •---- ._------- --__. .. Register of Deeds
<br />90 F: �z,Ni-
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<br />Deputy
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