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I" 88- 100863 4. As additional security. Trustor hereby gives to and confer~ upon BenefiCIary the right, power and authority, during the continuance of these Trusts to collect the rents. issues and profits of saId property, reserYing unto Trustor the right. prior to any default by Trustor in payment of any indebtedness secured hereby or In performance of any agreement hereunder, to collect and retain such rents. issues and profits as they become due and payable Upon any ouch default. Beneficiary may at any time without notice, either in person. by agent, or by a receiyer to be appointed by a court. and without regard to the adequacy of any security for the indebtedness hereby secured, 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 profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents. issues and profits and the application thereof as aforesaid. shall not cure or WaiYE any default or notice of default hereunder or invalidate any act done pursuant tD such notice. 5. Upon default by Trustor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein. all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property. in accordance with the Nebraska Trust Deeds Act, at public auction to the highest bidder. Any person except Trustee may bid at Tru'tee's sale. T ['lstee shall apply the proceeds of the sale as follows: II) to the expense of the sale, including a reasonable Trustee's fee: (2) to the obligation secured by this Deed of Trust: (3) the surplus. if any, shall be distributed to the persons entitled thereto. 6. Trustee shall deliver tD the purchaser at the sale ;t5 deed, without warranty. which shall convey to the purchaser the interest in the property which Trustor had or had the power to convey at t~e time of hIS execution of this Deed of Trust. and such as he may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value. 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 as a mortgage. 8. In the event of the death. incapaCIty. dIsability or resIgnation of Trustee. BenefiCIary may appoint in writing a successor trustee. and upon the recording of such appomtment In the mortgage records of the county In which this Deed of Trust is recorded, the successor trustee shali be vested with all powers of the original trustee The trustee is not obltged to notify any party hereto of pending sale under 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 proceeding is brought by the Trustee. 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. legatees, administrators, executors. successors and aSSlg-ns The 'erm Beneficiary shall mean the holder and owner of Ihe note secured hereby, whether Or not named as Beneficiary herein. 10. Request for Notice of Default or Notice of Sale~ It is requested that a copy of any NotIce of Oefault or ~'otlce of Sale be mailed tD each person who is named in this Trust Deed at the mailing address of such person as set out above NOTICE TO CONSUMER: 1. Do not sign this paper before you read it 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges it' accordance with law. Signed this 19 day of February .A.DI9~ STATE OF NEBRASKA Hall COUNTY I ss. I ~4~~.~>/1 X 7J!L hcL,. ' , J7r':/.-<< ) .- 1/ On this 19 day of February . A.D. 19~. before me. the undersigned. a Notary Public. dub' comb.iss~nr a.n~ qualified for and residing in said county. personally came Ga ry G. l~organ and Debra J. Morgan, hus an W1 e to me knov.'T1 to be the identical personS_whose name ~ affixed to the foregoing instrument as Trustor S and acknowledged the same to be the i r - vol- untary act and deed. Witness my hand and Notarial Seal the day and year I My Commission expires the 8 da ------t7 of February. 19 91 .~ ..' ,.:> STATE OF I ss. County Entered in Numerical Index and filed for record in the office of the Register of Deeds of said county. the day of . 19_, at o'clock and minutes ._ M.. and duly recorded III Book ___.______ of Mortgages page .-~-- s:: oj j -~----_._.-_._----_. Register of Deeds ------- --- ----- - - - --------- --- Deputy 991 E82 (NEI L L ~ ,.. L