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c <br />85-• 1'S5 <br />4. As additional security, Trustor 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 ues Trustor <br />in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, iss <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 <br />enter upon and take possession of said property or any part thereof, in his adequacy of any security for the indebtedness hereby secured, 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 <br />there 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 />of 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; (2) to the obligation secured by this Deed 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 power to convey at the time of his execution of this need 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 encumbrancem 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, Reneficiary 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 he vested with all powers of the original trustee. The trustee is riot 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 he 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 tern 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. R is requested that it copy of any Notice of Default or Notice of Sale be- <br />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 i _--- --__ -- day of ___'iarctt -- —_ <br />- A . D. 19 - __ <br />° <br />_. <br />STATE OF NEBRASKA <br />ta, ss. <br />__ _COUNTY <br />— - <br />JJ le( /9 <br />On this day of '.._ _ <br />- - - -- <br />A. ll., 19.-1_ <br />7 <br />before me, tht undersitned, a Notan• Pul llk� dub <br />commissioned and qualified for and residing to <br />said county, <br />personally came " `' "',olley fat arit�, n <br />_ n,... <br />instr 1.H� i1_e to me known [o he <br />the identical persatt g_ whose name ,� affixed to the foregoing <br />instrument as Trustor <br />untary act and deed. <br />and acknowledged <br />the saint• t , he 1-ir vol- <br />-- .._._._. <br />Witness my hand and Notarial Sea] the day and <br />year last above <br />written t1'" KATHLE N stont X HILfan4 <br />KIITHLEElV K HILL <br />�1y Commission ex ires the � <br />p <br />i <br />day <br />n ,. . <br />Ilk <br />3k 1!M <br />1 <br />of _ ;.., `f fit.. _ 19 <br />�_ _'' <br />•. � <br />. _ �.is. r ��-' <br />Notary Public <br />STATE OF <br />_ - County <br />Entered in ;Numerical Index and filed for record in the office of the Register 4 Deeds of said vounty. the <br />day of 19 at n'eluck and <br />Mortgae Hes page _ _ M.. and duly recorded in liook of <br />nrtga <br />Register of Deeds <br />991 E: 2 11h <br />Deputy <br />U <br />El <br />No <br />._1 <br />a <br />