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87- 10®121 <br />4. As additional wi curly, Truator hereby gives to and confer, open Beneficiary the right, power and authority, during the coatlimaance <br />€'if these Trusts to collect the rents, issue and profits of said property, reserving unto Truster the right, prior to any default by Truster <br />in payment. of any indelitedne -m 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, Wneftciary 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 said property or any part thr_reof, in his own name sue for or otherwise collect such rents, issuer,' 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 lta action of said property, the collection of such rents, issues and profits and the application, <br />thereof as aforesaid, shall not cursor waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. <br />5. Upon default by Trusaor in the payment of any indebtedness secured hereby or in the performance . of any agreement contained herein, <br />all sums secured hereby shall immediately hecome. due and payable at the option of the Beneficiary- In such event and upon written request <br />of Beneficiary, Trustee shall .self 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 ,ale as follows: : :ii to the expense <br />of the sale, including a reasonable Trustees fee: ! 2 � to the obligation secured by this Deed of Trust, '3i the surplus, if any, shall be distributed <br />to the persons entitled thereto. <br />ti. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest ill <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. Tnastee's d_.-ed shall recite the facts showing that the sale was conducted in compliance with all the requirements <br />of law and of this tweed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor <br />of bona fide purchasers and encumbrar-cers for value. - <br />;. Than power of sale conferred r =v this lteeii nl T i s st is rot an exclusive remedy; Beneficiary :nav cause :his Deed of Trust to be foreclosed <br />as a !mortgage. <br />K. In the event of the xleath a;ra peel �i,abilitr or resi. .lot ion of Trustee. Beneficiary Play appoint in .writing a sue cESSarr trustee, <br />and ugaon the recording, of uich ap•wmt =vent is the mortgage records of the .county in which this Deed of Trust is recorded, the successor <br />i, .acza.�e shall be vested wrth all powers of the €erta�trai trustee. The trustee a not obliged to notify any party hereto of pending sale under <br />any ather xf of Trust. or of env .action :,r proceeding in which Truster, Trustee or Beneficiary shall be a party unless such action or <br />Proceeding is brought by the Tru =tee. <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 ^,errs. de isees. <br />legatee, aafaninistratars, exeauttrs, once essors and assigns. The term Beneficiary shall mean the holder and owner of the note secured <br />?hereby, whether or not named as Beneficiary. !:crean- <br />i0. liaxauest for Notice of Delauli or Notice of Sale It is requested that a copy of any Notice of Default or Notice of Sale Iw mailed to <br />each person who is panned in this Trust Deed at the maahng address of such person as set out above_ <br />NOTICE TO CONSUMER: 1. 10 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 tirne without penalty and may he entitled <br />to receive a refund of unearned charges in accordance with law. <br />,signed this __- 7.. day- of .__ January _ A.D. 19.8! <br />STATE OF NEBRASKA .._.. _ <br />COUNTY J(__�4�"`�? <br />On this ___ __- _:. da} of ___�aMAr�! _- -_.._. A.D.. 19- __87_..-_, before me. the undersigned. a Notary Public, duly <br />commissioned and qualified fir and residing in said county, personally came l3an o K. 11i50n, <br />__�s ?_ __ <br />Husband_an_d Wife___ to me known to he the identical person S._ _ whose name S _ affixed to the foregoing <br />instrument as Truster __.-- $-- -. -__ _- _. __ and acknowledged the .same to be ._._ _,th-eir. Vol. <br />untary act and deed. <br />Witness my brand and Notarial deal the day and year la , e e�ry. <br />"T"y -State of 110+860 .r <br />NIV Commission expires the -- -- 8 _ _ __. day S,4ERR1 Y. WATSON 1 <br />of February _ . 7 m <br />j tss_t, <br />_ . -._ -__ _ -- NAmv Public <br />_DATE CAP <br />county <br />Entered in Numerical Index and Piled liar record in the office of the Register of Deeds of said county. the <br />day of _ _ _ _ -___- . !9-- _ __. , at ___. _-- __.. o'clock and -_- -- <br />minutes _ '41., and dug recorded in Book _ of <br />Mortgage, page <br />a <br />R <!gl tet' of Deeds <br />Depui;y <br />01 <br />