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87-- 100104 4. Ai additional purity, Trustn€ hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of the" Trusts to collect the rents, conies and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues am] preafits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by 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, enter :upon ...and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid. shall not cure or waive any default or notice of tlefault hereunder or invalidate any act done pursuant to such notice. a. Upon default. by Trustor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shalt imawthaately become due kind payable at the option of the Beneficiary. in such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordar_ce with the Nebraska Trust Deeds Act, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale, Trustee shall apply the proceeds of the sale as follows: fl) to the expense of the sale, including a reasonable Trustees f'ee: i 2i to the obligation secured by this Deed of Tnua: (3) the surplus, if any, shall be distributed to the persons entitled thereto. B. Trustee shall deliver to the purchaser at. the sale its deed, without warranty. which shall convey to the purchaser the interest in the property which Trustor had or had the leower to convey at the time of his execution of this Decd of Trust, and such as he may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust. which recital shall be pruna facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value. 1. The power of sale conferred by this Deed )f *Trust is not an exclusive remedy: Beneftciary may cause this Deed of Trust to he foreclosed as a mortgage. S. In the event of the death, mcapacite, disability or resignation of Trusie-e. Beneficiary may appoint in writing a successor trustee. and upon the recording of such appointment in the inortgage .record+ of the county in which this heed of Trust is recorded, the successor trustee shalt be vested with all powers of the original trustee. The trustee is not nbliged to notify any party hereto of pending sale under anv other Deed of Trust or of any action or proceeding in which Trustor. Trustee or Beneficiary shall be a party unless st ch action or proceeding is brought by the Trustee_ 9. This Deed of Trust applies to, inure: to the benefit of, and is binding tact unto nn the parties hereto. but on their heirs, devisees. legatees, administrators, executors. ,uccesuars and assigns. The term Beneficiary -hail mean the holder and owner of the note secured herebv, whether or not named as Beneficiary herein. 10. Request for Notice of Default or Notice of Sale- It is requesled that a copy of any Notice of Default or Notice of Sale he mailed to each Berson who is named in.. this Trust Deed at the mailing: address ,['such person as set out above. NOTICE TO CONSUMER: 1. Ito not sign this paper before you read it. 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law. Signed this _ —_ - -_. day of ..aflUdj _ A D l9 a7.___. STATE OF NEBRASKA sF. ?'al-1, _ COUNTY On this 5 _._._. day of __- January. _. _.:1 -P . l9 87 before me. the undersigned, a :Votary Public, duly cun}mis -ianid and qualified for and residing in said county, pervamally came Jera1_d L. Robrerts.Qnl a sin le per on � _ whose name _ affixed to the taregositg __. _ ._ to me known to be the identical person instrument as Trustor .. _- __ and acknowledged the same to be __ __ Hls. yof- untary act and deed. Witnes^ my hand and Notarial Sea! the day and year 1 .: 3iy Comtniuion expires *.he _._ 8 -- _ _ d! iArSiHEaR�rMfzY- D .S WATSON F214 1d Y $] Public: STATE OF Entered in Numerical Index and filed for record in the office of the Register of Deeds e;f said county. the day of _ -_ _ —_.._- -. -.- 19_ _____. at _... ___ oclock and minutes M., and duly recorded in Book _ - cif vSor gagew _ pass Register of Deeds Deputy a W