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r <br />1 <br />89.000 102929 <br />d. Ae 6tionatamdrity, Trustor hereby gives to and confers upon Benerciary the right, power and authority, during the continuance <br />of these Trusts to collect the rents, issues and profits of said property, reserving unto Truster the right, prior to any default by Truster <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 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 eforrssid, shall not cure or waive any default or notice of default hereunder or invalidate aqv act done pursuant to such notice. <br />5. 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 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: (1) to the expense <br />of the sale, including a reasonable Trustee's fee; t2r to the obligation secured by this Deed of Trust; 491 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 warranty, which shall convey to the purchaser the interest in <br />the property which Truster had or had 4be pvwer to convey at the time of hts execution of this Deed of Trust, and such as he may have <br />acquired thereafter. Trustee's deed shall refire the facts showing that the sa?e was conducted in compliance with all the requirements <br />of law and of this Deed of TnW„ which recital`. shall be prima facie evider.me, of such. 6mpliance and conclusive evidence thereof in favor <br />of bona fide purchasers and encrrmhrancers fvr• Nalue: <br />7. The power of sale conferred, by' this Deed. of. trust is not as exciusive.trme*. Sconefiviary may cause this Deed of Trust to be foreclosed <br />as a mortgage. <br />8, in the event of the death, rncapacitq,• psability 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 <br />tm --Agee shall be vested with 91, powers of the original trustee. The trustee is not olahged to notify any party hereto of pending sale under <br />any other Deed of Trust or off 6y action or proceeding ;in -which Truster, Trustee err Beneficiary shall be a party unless such artion or <br />proceeding is brought by the Trustee. <br />9. This Deed of Trust applies to, inures to; the benefit of, and is bendmg not onir.on the parties, hereto, but on their heirs, devisees. <br />legatees, administrators, executors, succe and assigns. The term Lie teficiary sha�r mean the holder and owner of the note secured <br />hereby, whether or not• named as Heneficia6 he.-ein. <br />10. Request for Notice of Derautt or Notice of Sate. it is requested that a copy of saX . Notice of Default or Notice of Sale be mailed to <br />each person who is named in this Trust Deed 31 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. 8. You may prepay the unpaid balance at any time without penalty and may be entitled <br />w c"Alvas aR rvaunaa Ga usae;uins;ts cnt±i;geni m ae-a;ui-auncez wain taw. <br />Signr+d thia ...... . 6 . day of.--- - — June__._. A.D. l9 89 . - -. <br />SPATE OF NEBRASKA?J�C'C[.�.� —__— <br />Ha 11 <br />— - corir'N-e: <br />Un this 6 day of jurt : r. AID., 19_ -P -, before me, the undersigned, a Notary Public,-duly <br />co'cttmi io ad `Td lifee� for and residing in said county, pemonally came Sondra R. MCCoun and Mark J. <br />McCau ru �ius�an-. a`�`� wi- eto me known to be the identical person s • i6se names — affixed to the foregoing <br />irr.�ment as Trustor S and acknowledged •the, same. to be their, Vol- <br />untary act and deed. <br />Witness my hattd and Notarial Seal the day and year last above written. <br />My Commission expires <br />I tte — g - - ._ - — _ —_ – d a - – il at� <br />Of February , 199?_ y Oa ft rdt & IlKap <br />� <br />� lic -- <br />I <br />STATE OF <br />► <br />► ss <br />Count} ► <br />Entered in Numerical:indws and filed for record in•the'ofl'ice of the Register of Deeds of said county, the <br />day of — 19._...._ at o'clrmk and <br />minutes - -_____ M., and duly recorded in Book of <br />Mortgages page <br />091 E142INF:, <br />L <br />Register of Deeds <br />beputy <br />i <br />ti <br />r �• <br />