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<br />I <br /> <br />r <br /> <br />88-102026 <br /> <br />4. As add,i\iy~ai ':Sec~fih,. Trustor hereby gives to aud confers upon Beneficiary the righl, power and authority, during the continuance <br />of these Tnisli to collect the renls, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor <br />in payment of any indcbtedness 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 aay 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 secnred 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 doae pursuant to such notice. <br /> <br />5. Upon default by Trustor in the payment of any indebtedness secured hereby or in the perfonnance of any agrl!€ment conlained herein, <br />all sums secured hereby shall immediately become due and payable allhe oplion of the Bene!iciaT)'. In such event and upon written request <br />of Beneficiary, Trustee shall sell the trust property, in accordance with the Nebraska Trusl Deeds Act, at public auction to the highest <br />bidder. Any person except Trustee may bid at Trustec.s sale. Trusl<'e shall apply the proceeds of the sale as follows: III to the expense <br />onhe Bale, including a reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; 131the l'urplus, ifany, shall be distributed <br />w the persons entitled thereto. <br /> <br />6. TruBtee shall deliver to the purchaser at the sale its depd, wilhout wurrRnty. which sh,lll cOll\'ey 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 lhis Deed of Trust, and such as he may have <br />acquired thereafter. Trustee's deed shall recitl' the facts showing that the snle was conductpd in cOTllpliance with all thl' requirements <br />of law and of this Deed of Trust, which recital shall be prima facie evidl'ncp of snch 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 ,Ill exclusl\'e remedy; lll>neficiary may cnusl' this Oeed of Trust to be foreclosed <br />as a mortgage. <br /> <br />8. In the event of the death, incapacity, disability or resignation of Truslt'l>. Beneficiary may appoint in writing a successor trustee, <br />aad upon the recording of such appointment in the mortgage records of the connly in which this Deed of Trusl is recorded, the successor <br />trustee shall be vested with all powers of the original trustee. The trustee is nol obliged to notify any party hereto of pending sale under <br />any other Deed of Trust or of finy action or proceeding in which Trustor. Trustee or Beneficiary shall be a parly unless such action or <br />proceeding is brought by the Trustl'e, <br /> <br />9. This Deed of Trust applies to, inures to the benefit of, and is binding ll()t only on the parties hereto, but on their heirs, devisees, <br />legatees, administrators, executors, successors and assigns, The tenn Beneficiary shall Illean the holder find 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 fl'questl'd thm a copy of aay Notice of Default or Notice of Sale be mailed to <br />each person who is named in this Trust DeE'<! at the mailing addrpss 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 />.AnI9~X ~uf&J7/l~ <br />X y!b~"y/l etM~Ld1, d <br /> <br />II <br />On this 21 st day of Apri I , A.D., 19~, before me, the undersigned, a Notary Public, dul:..- <br />. commissioned and qualified for and residing in said county, personally came Richard A. McVicker & Shirley J. <br />MeVl cker. husband & wife to me known to be the identical person L whose nameS_ affixed to the foregoing <br />S and acknowledged the saUle to be thei r vol- <br /> <br />Signed this <br /> <br />21 <br /> <br />day of <br /> <br />Apri I <br /> <br />STATE OF NEBRASKA <br />Hall <br /> <br />COUNTY <br /> <br />) <br />155. <br />) <br /> <br /> <br />\' written. <br /> <br />STATE OF I <br />15S. <br />Coon~ I <br />Entered in Numerical Index and filed for record in the C'ffice 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 />s::: <br />a:l <br />.s <br /> <br />Register of Deeds <br /> <br />991 E82 (NE' <br /> <br />Deputy <br /> <br />L <br /> <br />L <br /> <br />~ <br /> <br />L <br />