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<br />88- 10~024
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<br />4. As additional security. Truswr hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance
<br />of these Tr~ta:IIo;>>::I:bll~t":the rents. issues and profits of said property, reserving unto Tmstor the right, prior to any default by Trustor
<br />in payment of atly'iridebt<!dness 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 mny nt nny time without notice, either in person. by
<br />agent, or by a receiver w be appointed by a court, and without regard to the adequacy of any security for the indl'btedness 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 "pon 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 uny act done pursuant to such notice.
<br />
<br />5. Upon default by Truswr 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 llUction 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 till; obligation se_ured by this De~d of Trust; (3) the surp1l-ls, if any, shall be distributed
<br />to tha persons entitled therew.
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<br />~. Trustee shall deliver w the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in
<br />t.he property which Trustor had or had the power to con,'ey at the time of his execution of this Deed of Tl'Ust, 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 rlOquirements
<br />of law and pf this Deed of Trust, which recilal shall be primll facie evidence of such compliance and conclusive evidence thereof in favor
<br />of bono fide purchasers and encumbrancers for value.
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<br />7. The power of sale conferred by this Deed of Tmst is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed
<br />as a mortgage.
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<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 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 Beneficiar)' shall he a party unless such action or
<br />proceeding is brought by the Trustee.
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<br />9. This Deed of Trust applies w, inures to the benefil 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 note secured
<br />hereby, whether or not nBmed as Beneficiary herein,
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<br />10. Request for Notice of Default or Notice of Sale. It is requested thai !\ 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 ahove.
<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.
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<br />r
<br />r,
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<br />
<br />Hall
<br />
<br />COUNTY
<br />
<br />)
<br />l ss.
<br />l
<br />
<br />88 '1 /
<br />. A.JJ 19_X 7/fCZ,)d~
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<br />Signed this
<br />
<br />21st
<br />
<br />day of
<br />
<br />April
<br />
<br />STATE OF NEBRASKA
<br />
<br />On this 21 st day of Apri I ., A,D., 1988~. before me, the undersigned, a Notary Public, duly
<br />commissioned and qualified for and residing in said county, personally came Michael A. Schwieger,
<br />a sing 1 e per son to me known to be the identical person ~ whose name ~ affixed to the foregoing
<br />instrument as Trustor and acknowledged the same to be his vol-
<br />untary act and deed.
<br />Witness my hand and Notarial Seal the day and year las
<br />My Commission expires the 8 day
<br />of F2bruary, 19..9.1_.-?r:t.../
<br />
<br />
<br />STATE OF )
<br />I ss.
<br />County I
<br />Entered in Numerical Index and filed for record in the offif:e of the Register of Deeds of said county, the
<br />day of , 19_. at o'clock and
<br />minutes M., and duly recorded in Hook of
<br />Mortgages page
<br />
<br />C
<br />ell.
<br />oS
<br />
<br />Register of Deeds
<br />
<br />Deputy
<br />
<br />991 E82 (NE)
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<br />--.J
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