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<br />88- <br /> <br />104256 <br /> <br />'I) .1 <br /> <br />4. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance <br />9f these Trusts to collect the rents, issues 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 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 pellK'n, 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 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 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 done pursuant to such notice, <br /> <br />6. Upon default by Trustor 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 acoordance with the Nebraska Trust Deeds Act, at public auction to the highest <br />bidder. Any peraon except Trustee may bid at Trustee's sale, Trustee shall apply the proceeds of the sale 8S follows: (1) to the expense <br />of the aale, including a reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed <br />to the peraons entitled thereto. <br /> <br />6. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey 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 this Deed of Trust, and such as he may have <br />acquired thereafler, Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements <br />of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor <br />of bona fide purchasera and encumbrancers for value. <br /> <br />7. The power ofaale'conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed <br />as a mortgage. <br /> <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 imy action or proceeding in which Trustor, Trustee or Beneficiary shall be a party unless such action or <br />proceediitg is brought by the Trustee, <br /> <br />9. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the psrties hereto, but on their heirs, devisees, <br />legatees, administrators, exscutors, successors and 88signs. The term Beneficiary shall mean the holder and 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 requested that a 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 above. <br /> <br />. H''''~ <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 />Signed this <br /> <br />29 <br /> <br />day of <br /> <br />July <br /> <br />,A.D. 19~. <br /> <br />STATE OF NEBRASKA <br />Hall <br /> <br />W;'f::/. ~ <br />~ 77 ;:/x:PL/A/A/ <br /> <br />On this 29 day of JuLY-.., A,D., 19~, before me, the undersiped, a Notary Public, duly <br />co~mir;:io~ andpualified for and residing in said county, personally came Wayne U. Burson & Beverly L. Burson <br />us an & W1 e to me known to be the identical person ~ whose name ~ affIXed to the foregoing <br />instrument as Trustor S and acknowledged the same to be thei r vol- <br />untary act and deed. <br />Witne88 m~ h~nd an~ Notarial Seal tha day and year last lJ:~"IIJIARy.stalllll""'l' <br />My Comml88lon expIres the day IHI'"'' If WATtON ~ .---r-7 <br />of February, 19~, '-&";'",A!: -'" ~ / ~~ <br />_...._ "bJi ""V <br /> <br />COUNTY <br /> <br />) <br />) ss. <br />l <br /> <br />x <br />X <br /> <br />STATE OF ) <br />) ss. <br />County ) <br />Entered in Numerical Index and filed for record in the office 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 ___ _UH~_'_ of .___~~~ <br />Mortgagea page ' <br /> <br />3 <br /> <br />Register of Deeds <br /> <br />991 E82 (NEI <br /> <br />Deputy <br />