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99 11213$ <br /> 4. As additional security, Trustor hereby gives lo and confers upon Beneficiary the right, power and authority, during the continuance of these <br /> Trusts to collect the rents, issues and profits of Said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any <br /> indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due <br /> and payable. Upon any such default, Beneficiary may at any time without notice,either in person,by agent,or by a receiver to be appointed by a court, <br /> and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said prope�ty or any paR <br /> thereof, in his own name sue for or otherwise collect such rents,issues and profits,including those past due and unpaid,and apply the same upon any <br /> indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the <br /> collection of such rents,issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or <br /> invalidafe 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,all sums <br /> secured hereby shail immediately become due and payable at the option of the Beneficia[y. Inysuch event and upon written request of Beneficiary, <br /> Trusfee shall sell the trust property, in accordance with the Nebraska Tnist Deeds Aa#, at pubr�c�auction to the highest bidder. Any person except <br /> Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable <br /> Trustee's fee;(2)to the obligation secured by this Deed of Trust;(3)the surplus,if any,shall be distributed to the persons entitled thereto. <br /> 6. Trustee shall deliver to the purchaser at the sale its deed, without wa�ranty, which shall convey to the purchaser the interest in the property <br /> 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 acquired thereafter. Trustee's <br /> deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital <br /> shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for value. <br /> 7. The power of sale conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a <br /> mortgage. <br /> 8. I�th�event o(_the death, inr.apacity,disabi6ty or resignatifln aE Trustee, Beasficiary may appoint in wrRing a successar trustee, and upon the <br /> recording of such appointment in the mortgage records of the county,in which this Deed of Trust is recorded,the successor trustee shall be vested with <br /> all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or <br /> proceeding in which Trustor,Trustee or Bene�ciary shall be a party unless such action or proceeding is brought by the Trustee. <br /> 9. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, <br /> administrators,executors,successors and assigns. The terms Beneficiary shall mean the holder and owner of the note secured hereby,whether or not <br /> named as Beneficiar�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 each person <br /> who is named in this Trust Deed at lhe 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 of <br /> this paper. 3. You may prepay the unpaid balance at any time and may be entitled to receive a refund of <br /> unearned charges in accordance with law. <br /> Signed this 17 day of December ,q,p,1999 <br /> STATE OF NEBRASKA ) � � <br /> )ss. <br /> Hall COUNTY ) <br /> On this 17 day of December , q p 1999 , before me, the undersigned, a Notary Public, duly <br /> commissioned and qualified forand residing in said county,personallycameMitchell D. Lau & Jona S. Lau Husband & Wife <br /> � Joi nt 'renantG to me known to be the identical nersons whose names affixed to the foregoing instrument <br /> 2S TriiatnrG and acknowledged the same to be their <br /> voluntary act and deed. <br /> Witness my hand and Notarial Seal the day and year last above written. � <br /> My Commission expires the 8 th da � ��'���°°��� � <br /> SHERRI Y.WATSON <br /> of Februarv , 2003 . � <br /> MY Comm.�►.Feb.A,2008 � <br /> _ , � � Notary Public <br /> STATE OF ) <br /> )ss. � <br /> COUNTY ) <br /> Entered in Numerical Index and filed for record in the office of the Register of Deeds of said county,the day of <br /> , at o'clock and minutes M., and duly <br /> recorded in Book of Mortgages page <br /> Register of Deeds <br /> Depury <br /> NE-979NOWLINE <br />. <br />