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200300969 <br />4. As additional seemily, Trustor hereby gives to and confers upon 1eneficiary the right, power and authority, during tiro <br />emmimomee of these Trusts to collect the runts, issues and profits ofsaid property, reserving unto Trustor the tight, prior to any default <br />by Trustur in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such <br />runts, issues and profits os they become duo and payable. Upon any such default, Beneficiary may at any time without notice, either in <br />person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness <br />hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such <br />rents, issues and profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such <br />order as Beneficiary may determine. Thu entering upon and taking possession of said property, the collection of such rents, issues and <br />prnfics and the application lhurvof as aforesaid, shall not core or waive any default or notice of default hereunder or invalidate any act <br />done pursuant to such notice. <br />5. Upon default by Trustor in the payment ofany indebtedness seemed hereby or in the performance of any agreement contained <br />herein, all suns secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon <br />written request of Beneficiary, Trustee shall sell the trust properly, in accordance with the Nebraska Trust Deeds Act, at public auction to <br />the highest bidder_ Any person except Trustee may bid at Trustee's sale_ Trustee shall apply the proceeds of the sale as follows: (1) to <br />the expense of the sale, including a reasonable Trustee's fee; (3) to the obligation secured by this Deed of Trust, (S) the surplus, Troy, <br />shall be distributed to the persons entitled thereto_ <br />o. Twstee shall deliver to the purchaser at the sale its decd, without wormnty, which shall convey to the purchaser the interest in <br />the property which Trustor had or had the power to convey at the time of his execuban of this Deed of 'I rust, and such as he may have <br />acquired thereafter_ Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all ore requirements of <br />law and of this Decd of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of <br />bona fide purchasers and encumbrances for value <br />7. The power of sale conferred by this Deed of'I'First is not an exclusive remedy; Beneficiary may cause this Deed of'I'rust to be <br />foreclosed as a mortgage. <br />8. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing u successor trustee, <br />and upon the recording of such appointment in the mongige records of the county in which this Deed of Trust is recorded, the <br />successor trustee shall be vested with all powers of the on g l nal trustee. Thu trustee is not obligated to notify any party hereto of <br />punch n8 sale under any other Deed of 'I rust or of any ration or proceeding in which Trustor, Tm vice or Bench, iary shall be a party <br />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, <br />legatees, administrators, executors, successors and assigns_ The terms Beneficiary shall mean the holder and owner of the note secured <br />hereby, whether or nut named as Beneficiary herein. <br />10. Rcqucst fur Notice of Default or Notice of Sale_ It is requested that a copy ofany Notice of Default or Notice of Sale he mailed to <br />each purs'on who is named in this 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 of this <br />paper. 3. You may prepay the unpaid balance at any time and may be entitled to receive a refund of unearned <br />charges in accurdance with law. <br />Sumed tha 19 day of January , A.1) 2003 <br />S'IA'ITOF NEBRASKA <br />ss. Ch —9. a i911ur y <br />HALL COUNTY) i (G' <br />1CULe S. 51 Y� <br />On this 18th day of January , A D. 2CC3 , hetnrc ma, lie crsl cc, n Nutnry Public, duly <br />commissioned and qualified for and residing in said county, personally came Christopher F Sal isbnry <br />And NiMo 5 Salisbury to me known to be the identical persons whose names are affixed to the <br />foregoing instrument as Tmstors and acknowledged the same to be their voluntary act and <br />l wor oaxaw <br />Witness my hand and Notarial Seal the day and year last above ONFAS ttcn j ' i)) {TIIr8OTT <br />My Commissnn expires the �Sf day of <br />�'d�BR t� <br />�UT Notary Public <br />STATE OF <br />)sv <br />COUNTY ) <br />Entered in Numerical Index and filed for record in the office ofthe Register of Deeds of said county, the <br />day of I —.at o'clock and minutes _ M., and duly recorded in Bunk <br />of Mortgages page <br />Register of Deeds <br />Deputy <br />ul o"u,rw Wmo 11—osd w in) PAGE 2 O 2 <br />