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<br />I" <br /> <br />88- 104316 <br /> <br />..;. <br /> <br />,. <br /> <br />4. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance <br />of these Trusts to collect the rents, i.sues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor <br />in payment of any indebtednesa secured hereby or in performance of any agreement hereunder, to conect and retain BUch rents, iS8ues <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 />ent(tr upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such renta, iB8ues and <br />profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order 88 Beneficiary <br />may determine, The entering upon and teking 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 perfOnn:1DCe 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 auction 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: (l) to the expense <br />of the sale, 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 persons 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 88 he may have <br />acquired thereafter, Trustee's deed shall recite the facts showing that the sale was conducted in compliance witb 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 purchasers and encumbrancers 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 foreclosed <br />8S 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 Trost or of any action or proceeding in which Trustor, Trustee or Beneficiary shall be a party unless such action or <br />proceeding 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 parties hereto, but on their heirs, devisees, <br />legatees, administratol's, executors, successors and assigns. 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 Buch person 8S 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 />Signed this <br /> <br />3 <br /> <br />day of <br /> <br />August ,A,D, 19...88.....__ <br /> <br />STATE OF NEBRASKA <br />Ha II COUNTY <br /> <br />} <br />Iss, <br />) <br /> <br />-~-~~~ <br />X ,/' ~1dZ4" ,.l;&ti:./a--z'~ <br />II' /' <br /> <br />On this 3 day of ----.Au9.U.S1....- , A.D, 19.88. __, before me, the undersigned, a Notary Public. duly <br />comlI\issiqned ,and qualifl.ed for and residing in said county, personally came Garv G. Morgan and Debra J. <br />Morgan, nusoana ana Wl re to me known to be the identical peraon .....s.. whose name L affixed to the foregoing <br />instrument as Trustor <; .. and acknowledged the same to be the i r vol- <br />untary act and deed, <br />Witness my hand and Notarial Seal the day and year last above written, <br />My Commiesion expires the 8 day &IIIUI. IlTMV.swe at lliJraslta -y? <br />of February, 19....9.1.._ . WATSON '~--.!..a~ <br />c.a <br /> <br /> <br />STATE OF I <br />t 88. <br />County I <br />Entered in NumeriClillndex and tiled 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 of <br />Mortgages page <br /> <br />Cl <br />! <br /> <br />Register of Deeds <br /> <br />991 E82INE. <br /> <br />Deputy <br /> <br />~ <br />