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<br />tJaaOD"f <br /> <br />ss=- 100568 <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 colk'Ct 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 t{) 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 determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application <br />thereof as 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 agreement 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: 12) to the obligation secured by this Deed of Trust; (3) the surplus, if any, 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 th9reof 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 />8. 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 I~owers 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 u pnrty 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, hut on their heirs, devisees, <br />legatees, administrators, executors, successors and assigns, The term Beneficiary shall mean the holder and owner of the note 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 is 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 />27 <br /> <br />x M~E:l~_ <br />~ <br /> <br />January <br /> <br />, A,D, 19--..8lL, <br /> <br />day of <br /> <br />STATE OF NEBRASKA <br />Ha 11 <br /> <br />) <br />) ss. <br />) <br /> <br />COUNTY <br /> <br />On this 27 day of January , A.D., 19~, before me, the undersigned, a Notary Public, duly <br />commill,,8ioned and qualified for and residing in said county, personally carne John E. Rohrpr <br />~' 9 _sJ.fl9J ~_,per.~9n ~= ,--w-~-\ffiowIH,Qbe the' \d~n.t\\:a\ per8\)i\ -=- w~~.:..=.. -mnxeU~ tf.-theforeguing <br />instrument as Trustor and acknowledged the same to be hi <; vol- <br />untary act and deed. <br />Witness my hand and Notarial Seal the day and year I <br />My Commission expires the 8 da) <br />of February , 19 91 <br /> <br />ARY-stJIt or _raska A <br />SHERRI Y. WATSON /... /..,;' <br /> <br />, ' Notary pJ,lic <br /> <br />J; ~/}.--; <br />," -~/~-P./ <br /> <br />STATE OF I <br />) ss, <br />County I <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 />l:: <br />oS <br />..s <br /> <br />Register of Deeds <br /> <br />991 E82 (NEl <br /> <br />Deputy <br /> <br />L <br /> <br />- . <br /> <br />I <br />I <br />), <br />,j <br />:,f <br />\,1: <br />'( <br />\:~ <br />, '.,~." <br />./, <br />H <br />Kl <br />1:1 <br />j; <br />J <br /> <br />~ <br /> <br />i;~ <br />." <br />I <br />'~ <br />N <br />I <br /> <br />( <br /> <br />y/ <br />