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<br />., 88-106014 <br /> <br />88"10Q919 <br /> <br />4. As additional security, Trustor hereby gives to and confera upon Ber~elicillry the right, power and authority, during the continuance <br />of th~_ Ttw!t4I ~ fqllect t~e. "lOU, iBHues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor <br />in pa~e~ tl:JEinY'iIlct:btedness' secured hereby or in performance of any agreement hereunder, to coUect and retain such rents, issues <br />and profits as they become due and payable. Upon any such default., Beneficiary may at nny time without notice, either in person, by <br />agent. or by a receiver to be appointed by n court, and without regard to the adequacy of any security for the indebtedness hereby secured, <br />enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and <br />profil.3. including those past due and unpaid, and apply the Bame upon any indebtedness secured hereby, ond in such order as Beneficiary <br />may determine. The entering upon ond taking possession of soid property, the collection of such rents, issues and profits ond the application <br />thereof DB aforesaid, shall not cure 01'" waive any default 01'" notice of default hereunder or invalidate any act done pursuant to such notice. <br /> <br />5. Upon default by Trustor in the payment of any indebtedness secured herehy or in the perfonnnnce of any agreement contained herein, <br />aU 8WIl8 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 accordance 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 as follows: (1) to the e%pense <br />of the sale, including a reasonable Trustee's fee; (2) to the obligation secured by this Deed ofTTUSt; (31 the surplus; if any, shall be distributed <br />to the persons entitled thereto. <br /> <br />6. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shan 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 Deed 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 compliance with all the requirements <br />of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereoC in favor <br />of bona fide purchasers Bnd encumbrancers for value. <br /> <br />7. The power of sale 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 /> <br />8. In the event of the death, incapacity, disabiUly or resignation of Trustee. Beneficiary may appoint in writing a SUCCeBsor trustee, <br />and upon the recording of such appointment in the mortgage records of 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 trustee is not obliged to notify any party hereto of pending saJe under <br />any other Deed. of Trust or of a!1Y 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 /> <br />9. This Deed of Trust applies to, inures to the benefit of, and is bindinJ; not only on the parties hereto, but on their heirs, devisees, <br />legatees, administrators, executors, successors nod assigns. The tenn Beneficiary shall mean the holder and nwner of the note secured <br />hereby, whether or not named as Beneficiary herein. <br /> <br />10. Request for Notice of Default or Notice of Sale. It is requested that 0 copy of any Notice of Default or Notice of Sale be mailed to <br />each person who is named in this Trust Deed at the moiling address 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 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 />Sigoed this 02 day of -.November _, A,D. 19~. <br /> <br />STATE OF NEBRASKA <br />Hall <br /> <br />COUNTY <br /> <br />J <br />) SS. <br />J <br /> <br />~0~~ <br />. fvrffi ~ <br />L <br /> <br />On this 02 day of Nnvpm"hp1'" ,A.D.. 19----8&.-, before me. the undersigned, a Notary Public, duly <br />commi6Sioned and qualified for and residing in aaid county, personally came Randy S. BrantinR: and Lesley M. <br />Brantiult. husband. Be wife to me known to be the identical person .JiL whose name ....B...- afflXed to the foregoing <br />instrument as Trustor S and acknowledged the same to be thp.; T" vol- <br />untary act and deed. <br />Witness my hand and Notarial Seal the ~ay and year las :r=TAllr'SUI! of IIlIIr.lsU <br />My Commission expires the day SHERRI Y. WATSON <br />of February. 19~. .,...--,,- <br />o <br /> <br /> <br />STATE OF ) <br />Iss. <br />County 1 <br />Entered in Numerical Index and filed for record in the 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 <br />Mortgages page <br /> <br />= <br />j <br /> <br />Register of Deeds <br /> <br />991 E82 fNEI <br /> <br />Deputy <br /> <br />L <br /> <br />-.J <br />