|
87- 106350
<br />4. As additional security, Truster hereby gives to and confora upon Bencficuty the right, power and authority, during the continuance
<br />of then Trusts to collect the rents, issues and profits of said property, reserving unto Truster the right, prior to any default by Truotor
<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 Dome 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 he 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 auo for or otherwise collect such rents, issues and
<br />preflta,including the past due and unpaid, and apply the items 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 of id, shall not cure or waive any default or notice of default hanmonder or invalidate any act done pursuant to such notice.
<br />3. Upon default by Truster in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein,
<br />all imme sectored hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request
<br />of Fetteficiary, 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 8010 08 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, : "any, shall be distributed
<br />to the persona 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. 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 />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 26 — day of October A.D. 19!Z---.
<br />7
<br />STATE OF NEBRASKA ) '
<br />r
<br />Hal 1 COUNTY
<br />On this 26 . day of _9� 4 . -_. -_, A.D., 19_x_ -., before me, the undersigned, e of ry Public, duly
<br />commissioned and qualified for and residing in said county, personally came _Bi 11 ito De-- jeSwanenn and Theresa
<br />Swansoon, husband & Wlie _ to me known to be the identical person s_ whose name s— affixed to the foregoing
<br />instrument as Truster _______ and acknowledged the same to be -- .- Aheir— vol-
<br />untary act and deed.
<br />Witness my hand and Notarial Seal the day and year Is I I M
<br />My Commission expires the _ a_- _. -.__ __.._ day 4Publ (�
<br />Of — February . , 19 9 1
<br />y -
<br />STATE OF
<br />r
<br />tits.
<br />County
<br />Entered in Numerical Index and riled 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 />991 @:a2 (NEt
<br />0
<br />in
<br />Register of Deeds
<br />Ileputy
<br />J.
<br />R
<br />-
<br />
|