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<br />88- 10499B <br /> <br />'~:j <br /> <br />. I." 1,:- <br />4. As additional security, TruSUlf hct1lby' gl~B to ond confers upon Benoficiary Lho right, power BDd authority I during the continuance <br />of theae Truata to collect. the renta, illllucs Dnd pronta of laid property, reserving unlo Tnt,lor the right, prior to any default by Truewr <br />In payment of any indebtedness aec:ured hereby or In perConnance DC any agreement hereunder, to collect and retain Buch renta, Inun <br />and profits as they become due and payable. Upon any such default, Beneficiary may at. ony time without noUce, either in penon, by <br />apnt, or by . reci!iver to be appointed by a court, ond without regard l.o the adequacy of ony security for the indebtednell hereby ee:ured. <br />enter upon and take poll8ellsion of said property (If ony part thereof, In his own name sue for or otherwise collect such rente, 18IU8I and <br />profita, including those pallt due and unpaid, ond apply the same upon ony indebtedness secured hereby, and in such order BII BeneficiarY . <br />may determine. The entering upon Rnd tnkang possession of said property, the collection of such rents, issuel Bnd profitll and the apilllcotion <br />thereof as aforesaid, shall not cure or waive Gny default or notice of default hereunder or invalidate any act done,purBUant to lOch 'notice,; <br />5. Upon default by Trustor in the payment of any indebtedness secured hereby or in the performance of any agreement contaihec:l 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 accordanco 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 88 followa: (1) to the expense <br />of the sale, including a reaaonnble Trustee's fee; (2) to the obligation secured by this Deed of Trust: (3) the surplus, ifany, shall hediJtrlbuted <br />to the persons entitled thereto, <br />6. Trustee shal1 deliver to the purchaser at the solo 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 Dei!d of Trust, and such as he may have <br />acquired thereafter: Trustee's deed shall recite the facts showing that the sale was conducted in campliance with all the requirements <br />of law and of this Deed of Trust, which recital shall be primo. facie evidence of such compliance and conclusive evidence thereof in fovor <br />of bona fide,purcliaael'8 and encumbrancers for value. <br />7. The power Dfaale 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 />8. In the event of the death, incapacity, disability or resignation of Trustee, Renelicinry 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 rccarded, the successor <br />trustee shall be vested with 011 powers of the original trustee. The trustee is not obliged to notify any party hereto of pending sale under <br />BIlY other Deed of Trust 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 />9. This Deed of Trust applies ta, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, <br />legatees, administrnton, executors, successors and assigns. The lenn Beneliciary shall mean the holder and owner of the note aecured <br />hereby, whether or not named as Beneficiary herein. <br />iD, Request for Notice of Default or Notice of Sale. It is requested that a ropy of any Notice of Default or Notice uf Sole he mailed to <br />each person who is named in this Trust Deed at the mailing address of such per!J()D 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 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 />14 <br /> <br />day of <br /> <br />Seotember , A,D. 19~, rJ... <br /> <br />) ~L/~ ~~~ <br />) S8, <br />) <br /> <br />STATE OF NEBRASKA <br /> <br />Hall COUNTY <br /> <br />On thia 14 day of Sept ember, A,D" 19-.,1313...... hefore me, the undersigned, a Notary Public, duly <br />commiSBioned and qualified for Bnd residing in said county, perlWnal1y came Ri chard E Dvorak it <br />sino 1 e oerson to me known to be the identical person _ whose name _ affixed to the foregoing <br />instrument as Trustor Bnd acknowledged the S8me to be h i ~ vol- <br />untary scl and deed, <br />Witness my hand and Notarial Seal the day andiUearl:;'!:_" .....J <br />My CommlBSlon expires the - da lHERRI Y. WATSON /J.. <br />of February, 19 \ll~ftllr,ltlt"'\";.I.. <br />_I ry PUbhc <br /> <br />~.2n.... <br /> <br />STATE OF I <br />I ss, <br />County I <br />Entered in Numerical Index and filed for record in the office of the Register of Deeds of said county, the ~-- <br />Aayof . 19_, at _ o'clock !md <br />minu~ M., and duly recorded in Book of <br />Mortgages ~q,ge <br /> <br />= <br />.s <br /> <br />Register of Deeds <br /> <br />Deputy <br /> <br />991 E82 INEI <br /> <br />L...J <br />