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~ ~ " I ", 88-107004 4. As additional security I Trustor hereby gives to Bod confers upon Beneficiary the right, power and authority. during the continuance of these Tn1sta to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secure€! hereby or in performance of any agreement hereunder, to collect and retain such rents. issues m.d profits PS they become due Bnd payable. Upon any such default. Beneficiary may at any time without notice, either in person, by =~nt, or by a receiver to be appointed by B court, and without regard to the adequacy of any security far the indebtedness hereby secured, "rter upon and take poasesaion of said property or any part thereof, in his own name sue ror or otherwisa collect such rents, issues and profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property. the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure OT waive any default or DOtice of default hereunder or invalidate any act done pursuant"to such notice.. 6. Upon default by Trustor in the paym~nt of any indebtedness secured hereby or in the performance of any agreement contaiDed herein. al] SUJIUl secured hereby Shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall 81:"1] the tnlSt property. in accordance with the Nebraska Trust Deeds Act. at public auction to the highest bidder. Any JlI!"",n l!J<copt Trustee may bid at Trustee's BBle_ Trustee shaD apply the pn>cee<Ig of the sale as followso (1) In the l!J<pI!DlIl! of the BBle, iDduding a ......nable Trustee's fee; 12) In the obligation secured by this Deed of Trust; 13) the surplus. if any, shall be distnllUted In the penlOD8 entitled there",. 6. Trustee shaH deliver to the purchaser at the sale its deed, without warranty, which shall convey to the pUJ"Cbuer the interest in 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 8aluired thereafter. Trustee"s deed shall recite the facts showing that the sale was conducted in compliance with aU the requirements of law and of this Deed of Trost. which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor ofbana fide purchasers and encurnbrnncers for value. 7. The power ofaale cunferTed by this Deed of Trust is not an exclusilre remedy: BeneficiarJ.' may cause this Deed of Trust to be foredoeed as a mortgage. B. In the event of the death. incapacity, disahili~' or resignation of Trustee. Beneficiary may appoint in writing a successor trustee. and upon the recording of such appointment in the mortgage records of the county in which this I>eed of Trust is recorded. the sua:essor trustee shall be vested with aU powers of the original trustee. The trustee is not obli~ to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor. Trustee or Beneficiary shall be a party unless such action or proceeding iB brought by the Trustee. 9. This Deed of Trust applies to, inures to the benefit of. and is binding not onl,.- on the pti:ties hereto. but on their heirs, de'nsees, legatees, administratonl1 executors. SUcces.90rs and assigns. The tenn BeneficiaJ:'.' shall mean the holder and owner of the note secured hereby I whether or not. named as Beneficiary herein. 10. Request ror Notice of Default. or Notice of Sale. It i,. requested that II copy of any Notice of Default or Nou~ of Sale be mailed to each penon who is named in this Trust Deed at the mailing address ofsttth person 8.!1 :Set aut~. NOTICE TO CONSUMER: 1. Do not sign this paper before you read iL 2. Yo... are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law. Signed this 28 day of DecembE!r STATE OF NEBRASKA Ha II COUNTY , '88. , .AD"~ :i ~ : ~jd_:!:a ,to On this 28 day of December A.D.. 19~ Ware me. the undersigned. a Notary Public. duly rommiaaioned and qualified Cor and ....idiug in Aid rounly, personally came Michael G. HeuPE!1 and Kathryn K. HE!upel. husband and wifE! 10 me kno.." 10 be the identical person L wh_ name L all"aed 10 the Coregoing instrument as Trustor S nnd acknowledged lile same 10 be thei r ,..,1. untary act and deed. Witness my hand and NOlarial Seallhe day and year la.1 above writtrn. My Commiaaion expires the 8th da _ 1DUIl'.su. GlIllr.IlIl of Februarv, 19 91 STATE OF , '88. Co~~ I En~red in Numerical Index and filed Cor record in Ihe office nf the Regiswr of Deeds oC ...id rounty. the _ day of , 19_ al _ o'clock and minules M.. and duly recorded in Book of Mortgages page j Regisler of Deeds 991 E821NEt Deputy