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87-103663
<br />4. As a;tiegal ,pscurity, 7}rr hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance
<br />of
<br />these Trirst� t0 edlect tbo rents, issues and profits of-
<br />f said property, reesrving unto Trtator the right, prior to any default by Truster
<br />in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain acted 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 recta:. Amettes must as profits, including those past due and unpaid, and apply the same upon as indebtedness secured ha
<br />may determine. The entering upon and taking Y pe Y rosy, std in ofit order
<br />g possession of said property, the collection of such rants, issues And Profits and the application
<br />thereof as aforesaid, shall not cursor waive any default or notice of default hereunder or invalidate any act done pursuant to sub no"..<
<br />5. Upon default by Truster 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 writ 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 Use sale me follows: (1) to the expense
<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 />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 Truster had or had the power to convey at the time of his execution of this Deed of Trust, 'and such an he may have
<br />off law of this Deed off Trust, which wh ch lrecital shall be be prima facie evidence sale was of such compliance u conducted conclusiive evidence the 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 />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 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 only on the parties hereto, but on 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. 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 Deed at the mailing address of such person as set out above.
<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 __ 7 day of -JUAe_, A.D. 19 87 _.
<br />STATE OF NEBRASKA
<br />HaI1 -- COUNTY
<br />On this _ --1-7-- day of __ –JUfle ___ A.D., 19-97—, before me, the undersigned, a Notary Public, duly
<br />cwrtmissioned and qualified for and residing in said county, personally came SiChael J. Cleary $ Deborah S.
<br />Cleary_, husband and Wife_ to me known to be the identical person .S whose name _S- affixed to the foregoing
<br />instrument as Trustor ? 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
<br />My Commission expires the — 8 dal fArsatt �r 11rfira
<br />of ___ February ._._ 19_91 $NEW V. ATUM 711
<br />- -__ Public
<br />STATE OF
<br />1 sa.
<br />- -- -.— County i
<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 />Register of Deeds
<br />991 EW2 tNE) Deputy
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