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86- 103256 <br />4. As additional security, Truster 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 -arid 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 expense <br />of the sale, including a reasonable Trustee's fee; Ili to the obligation secured by this Deed of Trust; (3) the surplus, if 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 Truster 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 encumbrancer-, 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 Trustor, 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 Safe 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 day of A.D. 19.8fi__. <br />STATE OF :NEBRASKA X� <br />Hal i — —_ COUNTY <br />On this _18. —__ day of __. --- _JUQe_., A.D., 19.86.____, before me, the undersigned, a Notary Public, duly <br />commissioned and qualified for and residing in said county, personally came Pe. .te_B,_- 1orQDo_ and- farmen__A. Moreno <br />husband and wife — to me known to be the identical person $-. whose name 5__. affixed to the foregoing <br />instrument as Trustor S __— .__._._.__.._.__._._.._ and acknowledged the same to he _ ._._ _ thei r _ vol- <br />untary act and deed. <br />Witness my hand and Notarial Seal the day and year 1 t a ✓> lead -NwsM <br />My Commission expires the _. 8 da r WATWN ( - -% <br />w lb.at fta hlr- rt 1997 <br />of -- - - - - -- February - 19.87 <br />Votary Puwic <br />STATE OF <br />} ss. <br />- -__ County <br />Entered in Numerical lndex and filed for record in the office of the Register of Deeds of said county, the .__ - -___ <br />day of 19 ---- _ -_, at _ __ I o'clock and -_. -- <br />minutes — __--- ____ -- ---- __ -- --- ._.-- .... M.. and duly recorded in Book . - -_ -_ -_ -_- ___. of <br />Mortgages page - - -- - -- - - - - - -- <br />991 E82 iNE, <br />Register of Deeds <br />Deputy <br />J <br />