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86.00, 101853 <br />4. As additional security. Trustor hereby s;i :•� 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 iimured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues <br />MW profits as they become due and payable. Upon any +uch default. Beneficiary may at any time without notice, either in person, by <br />agent, or by a receiver to tae 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 came 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 afearesaid, 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 it 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 IXeds 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 .;ale as follows: 11', to the expense <br />of the sale. including a rea.yonable Trustee's fee: +2t to the obligation secured by this heed 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 Trustor had or had the peiwer to convey at the time of his execution of this Deed 4 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 (hied of Trust, which recital shall he prima facie evidence of such compliance and conclusive evidence thereof in favor <br />of bona fide purchasers and encumbrancers for value. <br />i The power of sale conferred by this lived of Trust is not an exclusive reinedy; Beneficint- may cause this Deed of Trust to be foreclosed <br />as a mortgage. <br />S. In the event of the death, incapacit•. ,hsabihty or resignatnm 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 Trustor. Trustee or leneficiary shall he a party unless such action or <br />proceeding is brought by the Trustee <br />9. This Deed or Trust applies to, mures to the benefit of, and is bindine oat only on the parties hereto,. but on their heirs. devisees. <br />legatees, ad mini strators• executors, .successor_- and assigns. The term fiene!'idary ;hall mean the holder and owner of the note secured <br />hereby, whether or not named as Beneficiary herein. <br />10 Bequest for notice of Detault or Nutt of Sale at is requested that a copy of any Notice of i lefa,.lt ^r Notice ;:t Sate 1 e mailed u. <br />each person who is named in this Trust Deed a.. the maiiine address. of such person as yet 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 he entitled <br />to receive a refund of unearned charges in accordance with law-. <br />Signed this .0 -000 14th day of - _- - - Aprll_ <br />A,D 19 86 <br />STATE OF NEBRASKA :: <br />— Hal -i- _ rot`NTF <br />X <br />On this _ ?4. . da: , _ AP -ril_ <br />A D., I;i$F]_ before me, the undo rsigr ed a Notary Public, dulv <br />commissioned and Qualified for and residing <br />husband and Wife <br />in said county. personally came Harry - _D. S7lltfa_dCtd_- Sh1C1��+ L. Sfftlthi <br />-- -- to me known to <br />he the: identical persons whose name s _ ;i(hxed U, the foregoing <br />instrument as Trustor S_ _ _. <br />_ and acknowledged the same to he tllel t I- <br />untary ac[ and <let�c3. <br />',fitness my hand ;and Nolanal Sea] the day and <br />ti1c Cemmts: ion expire; the __.- 8th <br />vea las b�ttat— a�a�,�tyt <br />av SFtERR! Y. WATSW4 <br />of February <br />Jy 87 Mh COMM. Flo rehr 2 <br />«_4-. - <br />Notary Public <br />STATE OF' <br />I ss <br />County <br />Entered in Numerical Index and filed for record ir, the ut7ice of the Register <if Deeds of sail county. the <br />day of <br />.0 .cod <br />S1. and du1% recorded :n Book „( <br />Morigages page <br />IN <br />Re;,ster :,f [teed- <br />L J <br />JS <br />