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200214112' <br />4. As additional security, Truster hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of <br />these Trusts to collect the runts, issues and profits of said property, reserving auto Truster the right, prior to any default by Trustor in payment <br />of any indebtc lacss secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they <br />become due cad payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be <br />appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession <br />of said property or any part thereof, in his own name sue for or otherwise collect such re ue, issues and profits, including those past due and <br />Unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and <br />taking possession of said property, the collection of such reau, issues and profit, and the application thereof as aforesaid, shall not care or <br />waive any default or notice of default hones nder or invalidate any act done paraaantto such notice. <br />5. Upon default by Truster in the payment of any indchunhuss secured hereby or in the performazme of any agreement contained herein, <br />all sums secured hereby shall immediately brown, due and payable at the option of the Beneficiary. In such event and upon written request of <br />Beneficiary, Trustee shall sell the list property, in accordance with the Nebraska Trust Deeds Act, at public auction to the highest bidder. <br />Any person except Trustee may hid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (I) to die expense of the sale, <br />including a reaswnahle Trustee's fee; (2) to the obligation secured by this Deed of Trust, (3) the surplus, if any, shall be distributed to the <br />persons entitled thereto. <br />6. Trustee shall deliver to the purchaser at the sale its decd, without warranty, which shall convey to the purchaser the interest in the <br />property which'Irustor had or had the power to convey at the time of his execution of this Deed of Trust, and such as lie may have acquired <br />thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of N4 <br />Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide <br />purchasers and cncumhrances 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 <br />foreclosed as a mortgage. <br />S. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and <br />upon the recording of such appoimmmcnt in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee <br />shall be vested with all powers of the original once. The trustee is not obliged to notify any party herein of pending sale under any other <br />Deed of Trust or of any notion or proceeding in which Trustoq Trustee or Beneficiary shall be a party unless such action or proceeding is <br />brought by the Trustee. <br />9. This Deed of Trust applies m, inures to the benefit of, and is binding not only on the parties herew, hot on their holes, devisees, <br />legatzes, administrators, execnan" successors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, <br />whether or not named m Beneficiary herein. <br />10. Request far 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 <br />each person who is named in this TrustDeed at the mailing address of such person as set ouoahove. <br />NOTICE TO CONSUMER. 1. Do not sign this paper before you read it. 2. You are entitled to a <br />copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be <br />entitled to receive a refund of unearned charges in accordance with law. <br />Signed this 16thlayof December ,A.D. 2002 <br />STATE OF NEBRASKA ) AYE Ahwm �VYt�I -ATV46 <br />)ss. R. Rebecca Donovan <br />HALL COUNTY) <br />On this 16th day of Deocmher . A.D. 2002 , before me, the undersigned, a Notary Public, duly <br />commissioned and qualified forand residing in said county, personally came R Rebecca Donovan A Single Person <br />to me known to be the identical person whose name affixed in the foregoing instrument <br />as Tmstor ' s and aelnowledged the same to be her <br />voluntary act and deed. fir' <br />Witness my hand and Notarial Seal the day and year last above written. dfl <br />My Commission expires the 14th day IJCAIa0. DWMt�' <br />of March 2006. �! <br />otary Public <br />STATE OF NEBRASKA ) <br />ss. <br />HALL COUNTY) <br />Entered in Numerical Index and filed for record in the office of the Register of Deeds of said county, the_ <br />day of I , at o'clock and <br />and duly recorded in Book of Mortgages page <br />NE99M1C)ee <br />atinmcs M., <br />Register of Deed, <br />