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86- 108701 <br />4. As Truinor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance <br />Of these 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 />anW Profits as they became due and payable. Upon any such default,; Beneficiary may at any time without notice, either in person, by <br />agent, or by s 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 am for or otherwise collect such rents, issues and <br />profits, including those post 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 ofsaid 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 del'sult 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 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 (ollows: ( 1) to the expense <br />of the sale, including a reasonable Trustee's fee; f2) to the obiigatitm secured by this Deed of Trust; f 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 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 taw 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 he foreclosed <br />as a mortgage. <br />S. In the event of the death, incapacity, disability or resignation of Trustee. Beneficiary may appoint in writing o 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 any Notice <br />of Stile be mailed to 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 — 20 ._.__ -.- day of NGV_eMb12L_____.. A.D. 19_86.__. <br />STATE OF NEBRASKA i <br />Ha sic. <br />_ —�. 1 _ COUNTS' 1 <br />On this 20 _— day of VMber _.____.. A.D -, 19-46--. before me, the �� undersigned, a Notary Public, duly <br />commissioned and qualified for and residing in said county, personally came _Vin e1L4_ A. Zavala and Sharon <br />Zavala,.,_husband & wife to me known to be the identical person 5_ whose name $-__ affixed to the foregoing <br />instrument as Trustor and acknowledged the same to be - - -Aheir _ vol- <br />untary act and deed. <br />Witness my hand and Notarial Seat the day and year vae�rrittt�rr --- <br />My Commission expires the d.7-1 <br />y <br />tffal tINtYY -=rw ! Nssissb <br />SHOWY. Y. WATSON <br />of_.. - -- -- - .._Febru CK- --__ -- 198 _ .8 y.--= - - - - -- L`- Maly Public <br />STATE OF <br />--- County 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 />--------_.._--- - --- <br />Register of Deeds <br />Deputy <br />t� <br />a <br />K. <br />J <br />