|
x
<br />4
<br />7138
<br />4. As additional security. Truster I erwky gives w and confers -upon Beneficiary the right, power and autlsoray. during the continuance
<br />of these Trusts to collect the rents, issues and profits of said' property. reserving unto Trunar the right, prior to any default by Trustor
<br />in :.payment of any indebtedness .secured hereby or in perf.. mance, of any agreement hereunder, TD collect amd retain such tents, issues
<br />and profits as they become -due and payable. Upon any such default, Beneficiary may at any time without norioe, either in person, by
<br />agent, or by a receiver to he :appointed by a court, and without r and 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 oven name sue for or otherwise collect such tents, issues and
<br />profits, including those past due and unpaid, and apply the some upon any, indebtedness secured hereby, and in such order as Beneftcian'
<br />may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits: and the application
<br />thereof as aforesaid, shall not cure or waive any default or notice of default licAvamler or iayalidate any act done pursuant to such notice.
<br />5. upon default by Trustor in the payment of any indebtedness toured hereby or in the performance of any agreement contained herein,
<br />Lill slims 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 Tends Art, 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 expense
<br />of the sale, including a reasonable Trustees fee: f21 to the obligation secured by this Deed of Trust; 13", the surplus, if any, shall he distributed
<br />to: the persons entitled thereto.
<br />6. Trustee shall deliver to the purchaser at the sale 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 Deed of Trust, and such as he may have
<br />acquired thereafter. 't'rustee's deed shall recite the farts 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 thereof in favor
<br />of bona fide purchasers and encumbrancers for value.
<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 />S. 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 successor
<br />trustee shall he 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 Truster, Trustee or Beneficiary shall he a party unless such action or
<br />proceeding is brought by the Trustee.
<br />9 This Deed of Trust applies to, inures to the benefit oL and is binding not only on the parties hereto, but or. their heirs. devisees,
<br />legatees, administrators, executors, successors and assigns. The term Beneficiary shall mean the holder and owner of the note secured
<br />hereby, whether or not named as Beneficiary herein.
<br />10. Bequest. for Notice of Default or Notice of Sale. It is requested that a copy of any Notice of Default or Notice of Sale lee mailed to
<br />each person who is named in this Trust Deed at the mailing address of such person nas set out above.
<br />NOTICE TO CONSUMER: 1. Do not sign this paper before you react 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 />Signed this —21 day of January - - -. A.D. 19 87
<br />STATE OF NEBRASKA
<br />Hall x
<br />-
<br />- -- - - - —. -_ COUNTY i r.>
<br />On this day of .- __JafluarY- ___.___, A.D.. 19 8— _, before me, the undersigned, a Notary Public, duty
<br />commissioned and cc��ualifted for and residing in said county. personally came Tommy B. RDeber and Donna J_ Roeber,
<br />husband and Wye _ to me known to be the identical person ?- whose name S. . affixed to the foregoing
<br />instrument as Trustor 5 -- _— ._.__ - -_ and acknowledged the same to be their vol-
<br />untary act and deed.
<br />Witness my hand and Notarial Sea! the day and veer la a e iaalsa%VARY_ Son. of w.eesm+a I
<br />My Commission expires the ____ a —_ __. __. day S4ERRI Y. WATSON
<br />of ___ --
<br />February 19_87 _ . m Elco Esbl 3-�
<br />r uIt c
<br />STATE. OF
<br />� 55.
<br />--_ -- —. County
<br />Entered in Numerical Index and filed for record in the office of the Register of Deeds of said cottony, the
<br />day of -- _.__.._ -._ _ __- _- _-- --__ -- . 19_._____ -, at .__— _____.._ ticluck and
<br />minutes __-- ______ M., and duly recorded in Book ._____— _______ of
<br />Mortgages page - - - -- -- - -- - - - - -- — - - -- - - - -- — -
<br />591 E"2 iNE,
<br />Register of Deeds
<br />Deputy
<br />u
<br />
|