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F <br />L <br />90-- 10599 <br />4. As additional security, Tntstor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance <br />of than Trusts to collect the rents, issues and profits of said property, reserving unto Tlrwtor the right, prior to any default by Truster <br />in payment of any indebtedness secured hereby or in performance of any agmment hereunder, to collect and retain such rents, iswee <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 urm and take possession or said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and <br />profits, including those post due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary <br />may determine. Tits entering upon and taking possession of said property, the oollection of such rents, issues and profits and the application <br />thereof w aferes sid, shall not cuts or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. <br />fl. Upon default by Truster in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, <br />all sums enured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request <br />of Benefidary. Truom shall sell the trust property, in accordance with the Nebraska Tn* Deeds Act, at public auction to the highest <br />bidder. Any person except Trustee may bid at Trustees sale. 7hustee shall apply the proceeds of the "le as follows; (1) to the expense <br />of the sale, including a reasonable Trustee's fw; (it► t4 the obligation secured by this owed of Trust: (30 the surplus. if any, shall be distributed <br />to the persona soUtbd thsrsta <br />g. Trustee dull deliver to the purchaser at the sale its deed. without wramanty, which shall convey to the purchaser the interest in <br />the property which Truster had or bad the power to convey at the time of his execution of this Dead of Trust, sad suck as he may have <br />aoquirsd thsrwRsr. Trustee's dead shall recite the facts showing that the sale was conducted in compliance with all the requirements <br />of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and cooclwive evidence thereof in favor <br />of bona lids purchasers and encumbrancer for value. <br />7. The power of sale conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause thw Deed of Trust to be foreclosed <br />as a mortgage. <br />B. 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 of the county in which this Deed of Trust in recor A, the successor <br />trustee dell be vested with all powers of the original trustee. The trustee is not obliged to notify any party hereto of pending sale under <br />any other Deed of Trust or of any action or proceeding in which Truster. Trustee or Beneficiary shall be a party unless such sewn or <br />prncaedIng is brought by the Trustee. <br />9. This Dead of Trust applies too, inures to the benefit of. ands ii; binding not only on the parties hereto, but on their heir. devisees, <br />legatees, administrators. executors, successors and assigns. Ttw c orm Beneficiary shall mean the holder and owner of the .note pecured <br />hereby. whetheror not named as Beneficiary herein. <br />10. Request for Notice of Default or Notice of Sale. it ie requested that a copy of any Notice of default or Notice of %Is be'nieased to <br />each person who is named in this Trust Deed at the mailing address of such person as set out above. <br />NOTICE IM 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 baieance at any time without penalty and minty be entitled <br />to receive a refund of unearned charges in accordance with law. <br />Signed this 1_— day of October , A.D. 1910...... <br />STATE OF NEBRASKA ► X <br />Hall COUNTY i _X <br />On this 16 day of October , A.D., 19 90 , before rnt , the undersigned, a Notary Public, duly <br />� ccQ� seasoned d qualified for and residing in said county, personally came �d� A. SOfr1E.'f kW aW Marsha R. <br />Jtri1 9erd,, f�x�sbar>t� and wife to me known to be the identical person S whose name .1. affixed to the foregoing <br />instrument as Trwtor S and acknowledged the same to be bpi vol- <br />untary act and deed. <br />Witness my hand and Notarial Seal the day and year 1 <br />My Cea wiaaien. expires the 8 d COM i�=40 d �Ilpad <br />Of FehrUary 19 III!IM V. wAT� 0 <br />Public r� <br />C <br />m <br />STATE faF I <br />► 8.9. <br />County s <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 />991 E82INE) <br />I <br />Register of Deeds <br />-- �.Deputy <br />L <br />i. <br />L <br />7 <br />ti's <br />