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87-101668
<br />C As additiongl security. Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance
<br />of these Trusts to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor
<br />in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues
<br />and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by,
<br />agent, or by a receiver to be appointed by a 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 />profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary
<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 hereunder or invalidate any act done pursuant to such notice. -
<br />5. Upon default by Trustor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein,
<br />all sums 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 expenva
<br />of the sale, including a reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed
<br />4 to the persons entitled thereto. -
<br />_ o. 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. 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 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 />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 successor
<br />truster 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 Truster_ Trustee or Beneficiary shall be 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 of, and is binding not oniv on the parties hereto, but on their heirs, devisees.
<br />legatees, administrators, executors. successors and assigns. The term Beneficiary shall ocean the holder and owner of the note seemed
<br />hereby, whether or not named as Beneficiary herein.
<br />10: Request for Notice of Default or Notice of Sale. It is requested that r. 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 mailing address of such person as set out abore.
<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 />Signed this 26 dayof_ March A.D. 19 87 / Q
<br />STATE OF NEBRASKA f+ r
<br />Hd I I — COUNTY # F
<br />On this 26 day of March A.D.. 198E . before me. the undersigned. a Notary Public, duly
<br />cgmm}ssi00ed acrd q led for and residing in said county, personally came F�drry �. 5nith and Shirley L.
<br />Smith, flllSDdlla an wl e to me known to be the identical person _�— whose name S L-- afiued to the foregoing
<br />instrument as Trustor S and acknowledged the same to be __ their vol-
<br />untary act and deed.
<br />Witness my hand and Notarial Seal the day and year 1 t Ilir�t
<br />My Commission expires the _� 8 V. idtA7iON
<br />of fehriiary 19 91 ills I�r.t 11101
<br />Notary Public
<br />c
<br />m
<br />STATE OF
<br />r
<br />County
<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 _ _ 1i., and duly recorded in Book of
<br />Mortgages page
<br />99I F.92,NEi
<br />i�
<br />Register of Deeds
<br />
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