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<br />88_104545 <br /> <br />4. As additional 8eL'Urity, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance <br />of 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 sccured hereby or in perfonnnnce of any agreement hereunder, to collect and retain such rents, issues <br />and profits as they become due and payable. Upon nny 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, ond without regard to the adequacy of any security for the indebtedness hereby secured, <br />enter upon and take po88E!ssion of said property or ony part thereof, in his own name sue for or otherwise collect BUch rents, issues and <br />profits, including those past due and unpaid, ond apply the BBme upon any indebtedness secured hereby, and in such order 88 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 Bct done pursuant to such notice, <br /> <br />5. U;MJD default by Trustor in the payment of any indebtedness secured hereby or in the perfonnance 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 eel) 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 sail!. Trustee shall apply the proceeds of the sale n8 follows: (11 to the expense <br />of the ssle, including a reasonable Trustee's fee; 12l to the obligation secured by this Deed of Trust: 131 the surplus, if nny, shall be distributed. <br />to the persons entitled thereto. <br /> <br />6. Truatee shall deliver to the purchnser 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 Ilt the time of his execution of this Deed of Trust, and such as he may have <br />acquired thereafter. Trustee's deed shall recite the facts showing that the Bllle 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 8uch compliance nnd conclusive evidence thereof in favor <br />of bona fide purchasers and encumbrancers for vulue. <br /> <br />7. The power of sale conferred by this Deed of Trust is not an exclUSive reml-dy; Beneficiary ma~' cnuse Lhis need of Trust to be iorecloscd <br />aB a mortgage. <br /> <br />8. In the event of the death, incopncit~., disability or resignation uf TruSlre, Beneficiary moy appoint In writing a successor trustee, <br />and upon the recording of such appointment m the mortf:tage records of the county In which thiS Deed of Trust is recorded. the successor <br />trustee shall be vested With all powers of the oriJ....inal trustee. The trustee is not obliged to notify ony party hereto of pending sale under <br />Bny other Deed of Trust or of any action or proceeding in which Trustor, Troslet' or Bel,eficlary shall be a party unless such action or <br />proceeding Is brought by the TfUBtee. <br /> <br />9. This Deed of Trust applies to, mUreI to the benefit of, and is binding not only on the parties hereto, but on their heirs. devisees, <br />legatees. adminiltTatora, e:recutol1l. SU<<CIUiOrtI and assigns. The tenn Beneficillry sholl menn the holder nnd owner of the note secured <br />hereby, whether or not named as BenefiCiary herem. <br /> <br />10. Request for Notice of Default or Notice of Sule It Itl requested that 1I ropy of any Notice of Default or Notice of Sale bt- mailed to <br />each person who is nomed in this Trust Det-d at tht' mnilint: nddrelUl uf such person 0.8 set out nbo\'c <br /> <br />NOTICE TO CONSUMER: 1. Do not sign lhis paper berore you read it. 2. You are entitled to a copy <br />of lhi. paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled <br />to receive a refund ofuneamed charges in accordance with law. <br /> <br />Signedthi. 16 dnyof August . A.D.19J!~ <br /> <br /> <br />/Plt~~&E-~ <br /> <br />STATE OF NEBRASKA <br />Ha 11 COUNTY <br /> <br />I <br />, ... <br />I <br /> <br />On thi. 16 day of AUgust_~. AD. 19 _.!II!-. before me. the undersigned a Notary Put>!ic. duly <br />commi..ioned and qualified for and residing in said county. personolly came Anton .J. f1omo I ka and Deborah O. <br />Homolka. husband & wife to me known '0 be the identical pe....on S_ whose nome _~ affi.ed .10 the foregoing <br />instrument as Trustor 5 __._ und UCkJl(JWJl>d~l-d tht.. tiUmt' to be ___1:.~e l~__._____ \'01- <br />untary act and deed. <br />Witne.. my hand and Notarial Seal the da). and year las ." "..rm~.n. . _ _ <br />My Commi..ion expire. the B da)' .J:GlJUioIL IIllIARH1i~1t G1 iIlIHJlU fi(Jf <br />of Februarv . 19~. _lIIWIRlY.~_,,--,--, <br />.,-"". 'Pu ic <br /> <br />f~~ <br /> <br />STATE OF I <br />I ss. <br />__ Count). I <br />Entered in Numerical Inde. and filed for record in the office of the Regi.wr of Deeds of said county. the <br />day of .19_..t _- "clock and <br />minutes ._ M., and duly recorded in Book of -- ---- <br />Mortgages page .------------- - <br /> <br />] <br /> <br />Register of Deeds <br /> <br />991 E82 mEI <br /> <br />Deputy <br />