<br />88_104545
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<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.
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<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
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