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'} <br /> <br />88-100035 <br /> <br />r <br /> <br />4, As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance - <br />of these Trusts to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor <br />in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues <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 upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and <br />profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary <br />may detemline. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application <br />thereof os aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice, <br /> <br />5, Upon default by Trustor in the payment of any indebtedness secured hereby or in the performance of any ag.eement contained herein, <br />all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request <br />of Beneficiary, Trustee shall sell the trust property, in accordance with the Nebraska Trust Deeds Act, at public auction to the highest <br />bidder. Any person except Trustee may bid at Trustee's sale, Trustee shall apply the proceeds of the sale as follows: (1) to the expense <br />of the sale, including a reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, ifany, shall be distributed <br />to the persons entitled thereto, <br /> <br />6, Trustee shall deliver to the purchaser at the sale its deed, without warranty, 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 execution of this Deed of Trust, 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 the requirements <br />of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor <br />of bona fide purchasers and encumbrancers for value, <br /> <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 <br />as a mortgage. <br /> <br />S, 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 is recorded, the successor <br />trustee shall 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 Trustor, Trustee or Beneficiary shall be a party unless such action or <br />proceeding is brought by the Trustee. <br /> <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 term Beneficiary shall mean the holder and owner of the pote secured <br />hereby, whether or not named as Beneficiary herein. <br /> <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 <br />each person who ;s named in this Trust Deed at the mailing address of such person as set out above. <br /> <br />NOTICE TO 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 balance at any time without penalty and may be entitled <br />to receive a refund of unearned charges in accordance with law. <br /> <br />Signed this <br /> <br />31 <br /> <br />day of <br /> <br />December , A.D, 19....82_. <br /> <br />f:;4~~ <br /> <br /> <br />On this 31 day of December . A,D" 19~, before me, the undersigned, a Notary Public, duly <br />commissioned and qualified for and residing in said county, personally came Dona I d F Sonprman & Fmi 1 y <br />Soderman. husband & wi fe to me known to be the identical person ~ whose name -5- affixed to the foregoing <br />instrument as Trustor S and acknowledged the same to be thf>i r vol- <br />untary act and deed, <br />Witness my hand and Notarial Seal the day and year <br />My Commission expires the ~ d <br />of February ,19 91 <br /> <br />STATE OF NEBRASKA <br />Hall <br /> <br />x <br />X <br /> <br />COUNTY <br /> <br />) <br />) ss. <br />) <br /> <br />aMI. IlTARY.stIlIt" ....... <br />SHERRI Y. WADON <br /> <br />}/7 <br />,/ ,/,:r <br /> <br />f <br />/:Lt. <br />ry Pu~ic <br /> <br />-ql- <br /> <br />"",,-/ <br /> <br />STATE OF I <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 <br />day of , 19_, at o'clock and <br />minutes M" and duly recorded in Book _ of <br />Mortgages page <br /> <br />1:1 <br />III <br />o <br />..:i <br /> <br />Register of Deeds <br /> <br />991 E82 (NE) <br /> <br />Deputy <br /> <br />L <br /> <br />L <br /> <br />" <br /> <br />:- <br /> <br />-.J <br /> <br />b <br />~ <br />JI <br />I . : <br />~ <br />