|
200325392
<br />4. As additional security, Trustor hereby gives and confers upon Beneficiary the right, power and authority, during
<br />the continuance of these Trusts to collect the rents, issues and profits of said property, reserving unto Trustor the right,
<br />prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement
<br />hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default,
<br />Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and
<br />without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of
<br />said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including
<br />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
<br />profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or
<br />invalidate 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
<br />agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the
<br />Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance
<br />with the Nebraska Trust Deeds Act, at public auction to the highest bidder. Any person except Trustee may bid at
<br />Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a
<br />reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed
<br />to the persons entitled thereto.
<br />6. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser
<br />the interest in the property which Trustor had or had the power to convey at the time of his execution of this Deed of
<br />Trust, and such as he may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was
<br />conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie
<br />evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for
<br />value.
<br />7. The power of sale conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed
<br />of Trust to be foreclosed as a mortgage.
<br />8. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a
<br />successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this
<br />Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is
<br />not obliged to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in
<br />which Trustor, Trustee or Beneficiary 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
<br />heirs, devisees, legatees, administrators, executors, successors and assigns. The term Beneficiary shall mean the holder
<br />and owner of the note secured hereby, whether or not named as Beneficiary 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
<br />Sale be mailed to each person 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 accordance with law.
<br />Signed this 19TH day of NOVEMBER 2003
<br />STATE OF NEBRASKA )�
<br />l ss.B y I
<br />Ql, COUNTY ) ny , ,
<br />On this r
<br />N Ica ia. ri�:�,u.ig
<br />(� day of before, me the and igned, a Notary
<br />Public, duly commissioned and qualified for and residing in said county, personally came Beryl 1. MCCoig and Jean
<br />M. MCCoig husband and wife as Joint Tenants to me known to be the identical person s
<br />whose name s affixed to the foregoing instrument as Trustor s
<br />and acknowledged the same to be their Vol to QWdc3 w&*AN
<br />9N3HH39'0 NHof
<br />Witness my hand and Notarial Seal the day and year last above written. EPLVN10RAS-At ON WSW
<br />My Commission expires the �� U day of
<br />c
<br />0
<br />611AM0919
<br />COUNTY
<br />ss.
<br />Entered in Numerical Index and filed for record in the office of the Register of Deeds of said county, the
<br />day of
<br />and duly recorded in Book
<br />NE- 0979 -0503 (ROC)
<br />of
<br />at o'clock and minutes M.,
<br />Mortgages page
<br />Register
<br />Deputy
<br />
|