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<br />, ~ I I} i. <br /> <br />88-104950 <br /> <br />4. As additional oecurlty. Trustor hereby gives to Dnd confers upon Beneficiary the right, power nnd authority, durinR tho continuance <br />of these Tru..lIta to collect the rcnt.ll. iS8UOII ond profits of .ald property, reserving unto Trustor the right, prior to any dflfoult by Trustor <br />in payment of any indebtednesa secured hereby or in perfonnance of ony agreement hereunder, to collect ond retain 8uch rents, issues <br />and profits 88 they become due and payable. Upon any 8uch default, Beneficiary may ot ony time without notice, either In person, by <br />agent, or by a receiver to be appointed by n court., ond without regard to the ndequllcy of any security for the indebtedness hereby secured, <br />enter uJ'IOn and take po88easion of said property or any part thereof. in his own nome flue for or otherwise collect 8uch renta, iS8uell and <br />profits., including those past due and unpaid, and apply the same upon ony indebtedness secured hereby, and in such order os Beneficiary <br />may determine. The entering upon and taking poBSesslon ofaaid property, the collection ohuch rents, issues and profits and the application <br />thereof aa aforesaid. shall hot cure or waive any default or notice of default hereunder or Invalidate any oct done pursuant to such notice. <br /> <br />5. Upon default by Trostor in the payment of any indebtedness secured hereby or in the perfonnance of any agreement contained herein, <br />all aunu secured hereby shaU 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 accordllnce with the Nebraska Trust Deeds Act, at public audion to the highest <br />bidder. Any person eJ:cept Trustee mllY bid at Trutltee's sole. Trustee sholl apply the proceeds of the sale DB follows: 11) to the eJ:pense <br />of the sale, including 0 reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (31 the surplus, lfuny, shall be distributed <br />to the persona entitled thereto. <br /> <br />6. Tn1stee sholl deliver to the purchaser ot the sale its deed, without warranty, which sholl cunvey 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 thereafter. Trustee's deed shaH recite the facts showing that the sole was conducted in compliance with 011 the requirements <br />of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance nnd conclusive evidence thereof in favor <br />of bona fide purchasers and encumbrancers for value. <br /> <br />7. The power ofsnle conFerred by this Deed of Trust is not an exclusive remedy; Beneficiary OIny cnuflt! thlll Deed of Trust to he foreclosed <br />os a mortgage. <br /> <br />8. In the event of the death. incapacity, disability or resignation of Trustee, Beneficiary mll.V appoint in writlnR a sueeellsor trustee, <br />and upon the recording of such appointment. in the mortgage records of the county in whieh thill Ilet>d (If Trust ill recorded, the SUccessor <br />trustee shan be vested with all powers of the original trustee. The trustee is not obliged to notify Ilny party hCll!to of pending sole under <br />Bny othl';!r Deed of TruJllt or of any action or proceeding in which Trustor. Trustee or Beneficiary IIholl he II porty unlells such action or <br />proceeding is brought by the Trustee. <br /> <br />9. Thill Deed of Trust applies to, inures to the benefit of, and is binding not only on the porties hereto, but on their heirs, devisees, <br />legatees, administrators, executors, successors and assigns. The tenn Beneficiary sholl mean the holder ond owner of the note secured <br />hereby, whether or not named llS Beneficiary herein. <br /> <br />10. Request for Notice of Default or Notice of Sale. [t is requested that a copy of nny Notice of Defllult or Notice of Sale be maUed to <br />each person who is named in this Trust Deed at the mailing nddre.ss of such person as 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 tbia 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 />8 <br /> <br />day of SeDtember . A.D. 19~. <br /> <br />~-::::~A.~ /;V- a~~ <br />~ ~'--~~~ <br />\ <br />On this 8 dsy of September . A.D.. 19~. before me. the undersigned. 0 Notary Public, duly <br />coami1oned Bnq~UBlified for and residing in said county, personally came Johnnie w. Brun~ ;mrl NAnry <br />hus an and WI e to me known to be the identical person L whose name L nnixed to the foregoing <br />instrument as Trustor S and acknowledged the same to be the i r vol. <br />untary aet Bnd deed.. <br />Witness m~ ~nd an~ Notarial Seal the day and year la~J::;. ::UY..staII of ",ul <br />My CommlBBlon expires the do IHIIIRl Y. WATaON I /[, --r7 <br />of February. 19..1L.. &,. r..Il8!l!.;;-- ....~b~~" .f/---- / -"d"~J <br /> <br />STATE OF NEBRASKA <br />Hall <br /> <br />) <br />) ss. <br />COUNTY ) <br /> <br />Bruns. <br /> <br />STATE OF I <br />) 88. <br />County ) <br />Entered in Numerical Index and li1ed for record in the office of the Register of Deeds of Boid county, the __ <br />day of , 19_, at _ o'clock and <br />minutes ___.___ M., and duly recorded in Book _______ of _ <br />Mortgages psge <br /> <br />~ <br /> <br />Register of Deeds <br /> <br />991 E82 (NE) <br /> <br />Deputy <br />