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<br />.....';'aO.i: <br /> <br />88-106706 <br /> <br />4. As additional seeurlt.y, Truster hereby gives to and conrerl! upon Benoficiary tho right, power nnd authorlt.y, durlnA tho continuance <br />of lhcJ8 TnlIl.a to collect the rents, i8BU1!8 ond profits of Bald property, rclKlrvlng unto Truetor the rJght, prior La any dbCault by Trustor <br />in payment. of any indebtednesa secured hereby or in penonnnnco of ony agreement hereunder, to collect ond retoln such renta, Is8u8s <br />ond profit!! 01 they becume due ond payable. Upon ony 8uch default. Beneficiary may ot. ony time without. notice, either in penon, by <br />epnt, or by 8 rectllver to be appointed by a court., ond without regard to tho odequO'iocy of any security for the lndebtedneoB hereby lecured, <br />enter upon and take poll88B81on of said property or any part thereof, in his own nome sue for or otherwise collect such renta, JIIIUIr.\ ond <br />profits, including those paat due and unpaid, and apply the Hllme upon an~' indebtedness secured hereby, and In such order IUI Beneficiary <br />may determine. The entering upon Bnd taking poascllldon of sllld property, the collection of such renta, iS8ues Ilod profits Ilnd the application <br />lhereof all aroresaId, shall not cure or waive any default or notice 01' defoult hereunder or invalidate any oct; done pursuant to such notice. <br /> <br />5. Upon defoult by Trustor in the payment of Dny indebtedness secured hereby or in the perfonnance of any agreement contained herein, <br />alllluma ~ured hereby Ilhall ~mmediDtely become due Bnd payable at the option of the Beneficiary. In such event and upon written request <br />of Beneficiary, Trustee shall sell th", trust property, in I1CCOrdnnce with the Nebraska Trust Deeda Act, at public auction to the highest <br />bidder. Any person except 'I'rustee may bid at Trustee's sale. Trustee shall apply the proceeds of the aal'3 as foUowa: (1) to the OIpertSe <br />De the sale, including a reasonable Trust.ee'a fee: (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, oball be diotributed <br />to the persoua entitled thereto. <br /> <br />6. Tnutee shaJI deliver to the purchaser at the sale its deed, without warrnnty, which shaU convey to the purchaser the intereat 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 fects showing that the sllle was conducted in compliem:e with all the requirements <br />of law and of this Deed of Trust, which recital ahall be prima facie evidence of such compliance und conclusive evidence thereof in favor <br />of bona fide purchnsem and 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 ofTl'\18t to be foreclosed <br />as 0 mortgage. <br /> <br />8. In the event of the death, incapacity, disability or resignation of Trustee. Beneficiary 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 recorded, the succesaor <br />trustee shall be vested with all powers of the original trustee. The trustee is not obliged to notify any party hereto of pending sale under <br />any other Deed of Trust (or of any action or proceeding in which Trust.or, Trustee or Beneficiary shall be a party unless such action or <br />proceeding io brought by the Trustee. <br /> <br />9. This Deed of Trust applieg to, inures to the benefit of, and is binding not only on the parties hereto. but on their heirs, devisees, <br />legatees, edministrators, executors, successors and assigns. The tenn Beneficiary ahall mean the holder and owner 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 a copy of any Notice of Default or Notice of Sale be mailed to <br />each person who is named in this Trust DeeoJ at the mailing address of such person a8 Bet 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 tbe unpaid balance at any time without penalty and may be entitled <br />to receive a refund of unearned charges in accordliDce with law. <br /> <br />Signed this <br /> <br />7 <br /> <br />day of December <br /> <br />A.D.19~. <br /> <br />q;;::1~~' <br /> <br />STATE OF NEBRASKA <br />Hall <br /> <br />) <br />)... <br />COUNTY ) <br /> <br />On this 7 day of December , A.D., 19~, before me, tbe undersigned, a Notary Public, duly <br />commi8Bioned and qualified for and residing in said county, personally came Dale V. Breaker & Mar9aret c. <br />Breaker. husband & wi fe to me known to Ill! the identical person L whose name L affIxed to the foregoing <br />instrument as Trustor S __ ond acknowledged the Bame to be the i r vol- <br />untary act and deed. <br />Witness m~ rumd and Notarial Seal the day ond year lal):~; Y.staII olllebibraska. <br />My Comuu881on expires the B day .HlRAI Y. WAT80 ,/ I ;t:- -Q ~ <br />of February , Ig_~. Elf. f*,l Public' <br /> <br />STATE OF I <br />I AS. <br />County I <br />Entered in Numencallndex 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 /> <br />RegiB1er of DeedB <br /> <br />991 E82 lNEI <br /> <br />Deputy <br />