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86. 100599 <br />4. As additional security. Trustor hereby- gives to and confers upon Beneficiary the right, power and authority, during the continuance <br />1 of these T u"to collect the rent.,,, issues and profits of said property, reserving unto Trustor the right., prior to any default by Trustor <br />1 in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rent, 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 ar by a troceiver to be appointed by a court, and without. regard to the adequacy of any security for the indebtedness hereby secured, <br />enter• neon 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, std apply the same upon any indebtedness !secured hereby, and in such order as Beneficiary <br />rtuy determine. The entering upon and taking posse non of sand Property' the colleMion of each rents. issues and profits and the application <br />thereof as aforesaid, shall not cure or w•aire any default or notice of default hereunder nr invalidate any act done pursuant to such notice . <br />5. Upmr 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 hetrome due and Payable at tltr option of the Beneficiary. In such event and upon written request <br />a{ Be�ficiuy, Trustee shall sell the crust property, in aarordance with the NehraIt Trust peed= Act, at public auction to the highest <br />bidder. Any person a :Dept Trustee may bid at Trustee's• sale. Trustee shall apply the procreds rf the .ale as follows: +7! :o the expense <br />of the sale, including a reasonable Trustees fee: t2'1 to the obligation secured by this Decd of'rtvst:.31 t.i:e surplus. if any. ,hail be distributed <br />to the persons entitled thereto. <br />S. Trustee shall deliver to the purchaser at the sale it deed. without warrant >'. which hall convey to the purchaser the interest in <br />the property which Trustor had or had the power to convey at the time of his exectumn al his 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 />T The power of sale conferred 1w this Deed of Trust is not ar. exclusive remedy: Beneficiary may cause this Deed of Trust to he inrerlosed <br />as a mortgage. <br />S. In the event of the death, incapacity, dasabilih or resignation of Trustee. Beneficiary may appoint in urn.ing i successor rruS.ee, <br />and upon the recording of such appointment in the mortgage records of the couniy in which this Deed of Trust fs recorded. the successor <br />trustee shall be vested with all power- of the original trustee. The trustee is not obliged to roof., ar,c pat } hi-reto of pending; sale under <br />any other Deed of Trust or of any action or proceeding in which Trustor. Trustee ,r Berefvmry .halt be :: part., 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 es binding not oniv ;:n the pan :es hereto. b:rt nn thczr hors. devi ees. <br />legatees. administrators, executors, successors and assign:,. The term Rer:etioarp shall mean the 'voider :inn. owner .-,f the note secured <br />hereby, whether or not named as Beneficiary herein. <br />W. Request for Notice of Default or Nonce of Sale. It is requested that a cep., of am Non- \Doer .,f Sale lx• :Waded 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 late. <br />Signed this day of = A D 19 <br />- = -- <br />STATE OF NEBRASKA <br />=01 _ COUNTY _ <br />bef<:re me. the undersarned a N tart Public, duh <br />On this d, of' �T }.IV '. <br />commissioned and qualified for and residing in said county, personally came <br />o. - -o. <br />to me 'known to he the identical person w nose nano• aflixed to the foregoing <br />-- — Vol- <br />instrument as Trustor <br />nd acknowledged the ,sine• !a he - <br />untary act and deed. <br />Witness my hand and Notarial Sea] the dat and year last above written. <br />My Commission expir — -- - <br />of Notarc Public _ <br />E* -" l• .988 <br />STATE OF -- <br />,. <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 _ - f9 at o'clock and <br />minutes __._ _.__._ --. __ _ <br />M_ and duly recorded in Book of <br />Mortgages page <br />441 P'!: NY, <br />L <br />Register cif Deeds <br />Deputy <br />U <br />n <br />i <br />