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<br />.. i <br /> <br />G~eeOl -88 <br /> <br />. , , ~. . <br />4, As adciitioriat :~fit&, Trustor h~rebY gives to and confen upon Beneficiary the right, power and authority, during the continuance <br />of these Trusts to coll~t the rents, i88ues 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 performanee of any agreement hereunder, to collect and retain such rents, issues <br />and profits as they beeome 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 11 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 ~08C past due and unpaid, and apply the same upon any indebtedness secured hereby, and in-such order 88 Beneficiary <br />may deteriuine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application <br />thereof 88 aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done PUl'llU8J1t tosuchllOtiJe. <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 BUDll8ecured 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 tM18t 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 88 follows: (1) to the .espense <br />of the Ale, including a reasonable Trustee's fee: (2) to the obligation secured by this Deed of Trust; (3) the sUlplua, if any. shall be distributed <br />to the persona entitled thereto. <br /> <br />O. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the pun:h88er 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 88 he may have <br />acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conduc:ted in compliance with all the requiremellta <br />of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and concluaive evidence thereof in favor <br />of bona fide purchasers and encumbrance I'll for value. <br /> <br />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 fo~ <br />all a mortgage. <br /> <br />8. In the event of the death, incapacity, disability or resignation of Truswe, Beneficiary may appoint in writing a successor trustee, <br />and upon the recording of such appointment in the mortgBRe records of the county in which this ~ of Trust is recorded, the BUalI!IIIIOr <br />tnastee shall be vested with all powen 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 any action or proceeding in which Trustor, Trustee or Beneficiary shall be a party unless lIuch action or <br />proceediq is brought by the Trustee. <br /> <br />9. Ttu. Deed of Trust applies to, inures to the benefit of, ond is blndinR not only on the partiea hereto, but on their heirs. den-. <br />legatees, adminiltraton, executors, succe8llOn and RSllignR, The tenn Beneficiary lIhan menn the holder and owner of the now MCUNd <br />hereby, whether or not named as Beneficiary herein, <br /> <br />10. Request for Notice of Default or Notice of Sale. It ill requellted that a copy of any Notice of Default or Notice of Sale be mailed an <br />each person who ill named in this Trust Deed at the mailing addrellR of such pel'!lOn as set out above. <br /> <br />NOTICE TO CONSUMER: 1. Do not sign this paper before you read it. 2. You are entitled 10 a eopy <br />of t.bi8 paper. 3. You may prepay the unpaid balance at any time without penalty aDd may be ealilledl <br />to receive a refuDd of unearned charges in accordance with law. <br /> <br />Signed this 20 day of June <br /> <br />COUNTY <br /> <br />) <br />) 88. <br />) <br /> <br />'A'D"9~r <br /> <br />If:~/ <br /> <br />STATE OF NEBRASKA <br />Hall <br /> <br />On this 20 dllY of __ Jun~. A,O" 19_ 88 . before me, the undersigned. a Notary Public-duly <br />commiuioned and qualified for and residing in said county, personally came John E. Rohrer. a single <br />person to me known to be the identical person _ whose nanll~ _ amxed to the fOl"l!l'Oift8 <br />inatrument as Truator and acknowledged the same to be his vol- <br />untary act and deed. <br />Witneu my hand and Notarial Seallhe day and year la <br />My Commiuion expires the __~__.__..,___ day <br />of February .. . 19 91 <br /> <br /> <br />STATE OF _ I <br />198. <br />County I <br />Entered in Numerical Index and filed for record in the office of the Regi8ter of Deeds of said county. the ___ <br />clay of - . 19_, at ' o'clock and <br />minute. _____,_____,_ __ M,. and duly recorded in Book ,____ of____ <br />Mortgagee page _______________,_ ,.._.______ <br /> <br />J <br /> <br />lWgilller of Deedll <br /> <br />WI r.ll2INr., <br /> <br />Oeput.y <br />