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<br />88= 100861 <br /> <br />"'-1 ) ., <br />; · "" ( i \ I. <br /> <br />I <br /> <br />4. As additional security, Trustor hereby gives to and confers upon Ben.;:!iciary the right, power and auth(wity. durmg 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 deteffi,ine. 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 Ber.eficiary. 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 >l'cured by this Deed of Trust; (3) the surpll.s, if any, shall be distributed <br />to the persons entitled thereto. <br /> <br />6. Trustee shall deliver to the purchaser at the sa;e 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 he 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 cemedy: Beneficiary may cause this Deed of Trust to be foreclosed <br />as a mortgage. <br /> <br />8. In the event of the death, incapacity, dlsahillty or resignatIOn of Trustee. BenefiCIary may appOint in writing a successor trustee, <br />and upon the recording of such appointment in the mortgaJ(e records of the county 111 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 ohliged to notify any party hereto of pending sale under <br />any other Deed of Trust or of any action or proceeding 111 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 bindll1g not only on the parties hereto. but on their heirs, de\'isees, <br />legatees, admir.istrators, 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 tht: 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 />19 <br /> <br />, A.D. 19~ <br /> <br />day of February <br /> <br />:;;;y:;;p;;t7 ,.) <br /> <br /> <br />On this _~ .~ day of. February ,A.D.. 19~, before me. the tindersigned. a Notary Public, duly <br />commissioned and qualified for and residing in said county, personally came Gary G. Morgan and Debra J. <br />husband and wi fe to me known to be the identical person ~ whose name ~ llffi)(ed to the foregoing <br />instrument as Trustor S and acknowledged the same to be tnel r vol. <br />untary act and deed, <br />Witness my hand and Notarial Seal the day and year I <br />My Commission expires the _~ da <br />of February . 19 9 <br /> <br />STATE OF NEBRASKA <br />Ha II <br /> <br />x <br />X <br /> <br />COUNTY <br /> <br />) <br />I ss. <br />I <br /> <br /> <br />---n <br /> <br />STATE OF <br /> <br />I <br />15S. <br /> <br />County <br />Entered in Numerical Index and filed for <br />day of <br />minutes <br />Mortgages page <br /> <br />record in the office of the Register of Deeds of said county, the <br />, 19_. at o'clock and _______ <br />M.. and duly recorded in Book of _.__. <br /> <br />c:: <br /><<l <br />j <br /> <br />Register of Deeds <br /> <br />991 E82 (NEI <br /> <br />Deputy <br /> <br />L <br /> <br />L <br /> <br />Morgan, <br /> <br />--1 <br /> <br /> <br />r~.'--~--- <br /> <br />m <br />lil <br /> <br /> <br />,/ .t. <br /> <br />h <br />