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88- 101137 r 4. As additional security. Trustor hereby gives to and confers upon Beneficiary the right. power and authority. during the continuance of these Trw>ts to collect the rents, issues and profits of said property. resen'ing 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 such default. Beneficiary may at any time without notice. either in person, by 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, 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 Benei1ciary may determine. The entering upon and taking posseS.'3ion of said property. the collection of such rents. issues and profits and the application thereof as aforesaid, shall not cure or waive any aefault or notice of default hereunder or invalidate any act done pursuant to such notice. 5. Upon default by Trustor in the payment of any indet"edness secured hereby Of 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 Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (11 to the expense of the sale, including a reasonable Trustee's fee: (2) to the obligation secured by this Dee<! of Trust; \31 tht> surplus, if any, shall be distributed to the persons entitled thereto. 6. Trustee shall deliver to the purchOL"€r at the sale its deed. without warranty. which shall com'ey to the purchaser the interest in the property which Trustor had or had the power to convey at the timt> of his exeeution of this De€d of Trust, and such as he may have acquired thereafter. Trustee's deed shall reeIte 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 e...idence 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 exchEi...., remedy: Benellciary may came this De€d of Trust to be fOl"'€Closed as a mortgage. 8. In the event of tht; death, incapacity. disability' or resiJllation of Trustee. Beneliclary' may appoint in writing a SUC<.'\'3sor trustee. and upon the recording of such appointment in the mortgage r-e..-oros. of the rounty in whIch this l}e.ed of Trust is recorded. the sUC'ressor trustee shall be vested with all powers of the original trustee. The trustee IS not obliged to notify any party hl.'reto of pending sale under any other Deed of Trust or of any actIO" or proceeding in which TrustoL Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 9. This Deed of Trust applies to, mures to IhE' benefit of. and IS bmdmg nol only on the parties hereto. but on their heirs, dl.'\'is<"€s. legatei!s, administrators, executors. sU('(E'ssors and assIgns The I('fID BenE'finary' shall mean the holder and O\\"11l.'r of thl.' note "'-"Cured hereby, whether or not named as Beneficiary' herem 10. ReqUl.'st for Notice of Default or :-':otlce of Sale. It .s requesled that " l-opy of any Nolire of n..fauIt or Notice of Sal.. be mailed to each per-.on who is named in this Trust Deed at th.. maliing address nf such peT5l1}n as:Set out aoow. NOTICE TO CONSUMER: 1. Do not sign this paper before you read it. 2. You are entitled to 8 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 in accordance with law. /1 . day of __._._I.lan:~_. :\.0. HLJML_/" ,/'~ (c~/; I 'x.-.-. /j-:- A_-- . ~~-~..-.-- _ COUNTY :5->. ~ll{(~A( l~{L) ~~; (~~l,d-~l On this ~___ day of_~__I~larch ~_. :\.0., I9~, before me, the undersIgned. a Notary Public, duly commissioned and gualifi~ for and resldlllg in saidcounly. personall)' came John C. Ander'son and Hichelle E. Anderson, hus~ & w! fqo me known to be the Identical person L whose nllme L. aflixed to thl' foregomg instrument as Trustor _s___~____~__ and acknowledged the Slime to be __ _ t1~e i r' _.___ \'01- untary act and deed. Witness my hand and Notarial Seal the day and year la, My Commission expires the __Ji__.___.___ day 'EOlW IOlUY.sttI!W!' ~O.~'J of _____Febru<!D'..... , 19~_ ~-;=~rtb.-r: N Signed this 7 STATE OF NEBRASKA Hall , ~1 "<:~.-o_J/--:/ ~..' Public . STATE Ol" - S$ County , Entered in Numeril'al Index and ftIed for record III tlil' oHin' of thl' RegIster of Iked.'i of &lid rounty. thl.' ---... day of ..___.___._______ . 19__ _... at__ -_ -- o'clock and --------.- minutes ___..________.___.:\t.. and duly n'rordl-d In Book . -- of .-------..-. Mortgages page _. ...____._~__.._._._._u.~____..__.._ ..------.- ---------.......- .---. . .--.. .-----~.---. c j Register of Deeds !JUt .:112 IN'" Deputy r--...... u L _J .~ r/ l-o