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<br />88- 105449 <br /> <br />4. As oddltionolsccuriLy, TMJstor hereby Rives tll nnd ('on(erR upon Oeneficiary the riJlhl, power and outhority, during the contlnunilco <br />of these Truata to coned tho mnb, Issucs nnd pmfi1.8 of sold property, tc8(!l'\'ing unto Trustor the rISht.. prior La ony default by Truat.or <br />in poynuml of Dny indebtedness secured hereby or In performanco of ony agroement hereunder, to collect and retain such ronts, issues <br />nod profibl 011 they becomo due ond payable, Upon ony 8uch default., Beneficiary moy ot ony lime without. noli~. either in person, by <br />agent, or by n receiver to be nppointed by 0 court, and without regard to the adequacy of ony sccurity for the Indebtedness hereby secured, <br />enter upon and take possession of sold property or ony port thereof, in hia own nomo Rue for or otherwise coiled Buch rents, issues Bnd <br />profits. ineluding those past due Dnd unpoid, and apply the some upon any indebtedness secured hen!by, ond in such order IlS Boneficlary <br />may determine. The entering upon and taking pIl811ell8ion of said property, the collection of such rr.ntEi, issues and profits and the application <br />thereof 119 afol'Csaid, sholl Dot CUI'C or waive nny default or noLice of default hereunder or Invalidate any net done pursuant to such notice. <br /> <br />6. Upon default by Trustor in the payment of any Indebtedness IIl'CUred hen!by or in the perfonnance of any agreement contained herein. <br />011 sums secured hereby shaH Immfldlowly become due and payahle at the option of the Beneficiary. In such event and upon written request <br />of Beneficiary, Trustee sholl sell the trust property, in accordance with the NebrBBko Trost Deeds Act, at public auction to the highest <br />bidder. Any penron except Tn1stee may bid Ilt Trustee'lI BBle. Trustee sholl apply the proceeds of the sale os follows: (I) to the expense <br />of the ssle, including n rca80nnble Trustoo's fee; {211o the obliRotion secured hy this Deed of Tru8t; (3) the SUrpIU8" if any, shull be distributed <br />to the penrorul entitled thereto. <br /> <br />6. Trustee shan deliver to the purchaser ot the sole its deed, without warronty, which sholl convey to the purchaser the interest in <br />the property which Trustor hod or had the power 00 convey ot the time of his execution of this Deed of Trust, and such ns he may have <br />acquired thereafter. Trustee's deed shan recite the fuets showing that the soIl" woa conducted in compliance with 011 the requirements <br />of low and of this Deed of Trust, which recilnl sholl he prima facie evidence of such compliance qnd conclusive evidence thereof in favor <br />of bona fide pu.rchnsers and encumbrancers for value, <br /> <br />7. The power of sale conferred by lhiH Deed of TrUllt i~ not an t'xclmuvl' remedy; Beneficiary may couse this Deed of Trust to be foreclosed <br />as a mortgage. <br /> <br />8. In the event of the death, incapacity, disability or reHiKnation llf l'ru!;tel', Benefici.ary mny appoint in writing 0 successor trustee, <br />nnd upon the recording of such appointment in the mort~age records IIf 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 trustet' iH nnt ohliged to notify any party hereto of pending sole under <br />any other Deed of Trust or of any action or proceedin~ in which Trust.or. TruHlee or Beneficiary shall be n party unless such action or <br />proceeding is brought by the Trustee. <br /> <br />9. This Deed of Trust npplies to, inures to the benefit of. and IS hindlng not only on the parties hereto, but on their heirs, devisees, <br />legatees, administrators, executors, succeS8llrB and Ilssigns. The term Beneficiary shull mean the holder and owner of the note secured <br />hereby, whether or nol numed as Beneficiary herein. <br /> <br />10. Request for Notice of De!ault or Notice of Sale. It is requested that 0 ropy lOf any Notice of Default 01'" Notice of Sale be mailed to <br />ench penlOn who is named in this Trust Deed at the moiling address of Ruch perl40n os set out above. <br /> <br />NOTICE TO CONSUMER: 1. Do not sign this paper hefore 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 B refund of unearned charges in accordance with law. <br /> <br />Signed this <br /> <br />day of October <br /> <br />STATE OF NEBRASKA <br /> <br />Ha II COUNTY <br /> <br />I <br />188. <br />I <br /> <br /> <br />On thiB 7 dayaf October , A.D., 19 . before me, tbe uadersigned, a Notary Public, duly <br />cQrnmisaioned and qualifiep: for and reaiding in Baid county. personully curne K~nn~th I ~rhwi ~gQlr R. .1;:mi ce E. <br />SChWleQer I husband & Wl ftb me known to be the identical person 5..._ whose name L affixed to the foregoing <br />instrument as Trustor S _______ and acknowledged the !lume to be t hl3 ; I" yol. <br />untary act Rnd deed. <br />Witness m~ h.end an~ Notarial Seal t~e day and year IDI:J:liIIIMlE' IJTARY-StnI" IIbJasklk%. <br />My CommiSSion expires Web ---------- duy ..1111 Y. WAnON .' ~ <br />af e ruary , 19-9-L. eo... bp.~, ami. bli~"~'" .r~, <br /> <br />STATE OF _ I <br />188. <br />County I <br />Entered in Numerical lndex and filed for record in th~ 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 u____.._ <br />MortgBges page <br /> <br />= <br />oS <br /> <br />Register of Deeds <br /> <br />991 E82INEI <br /> <br />Deputy <br />