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85-00 004404 <br />v,to I.1 <br />4. As additional security, Truntor 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 Truster the right, prior to any default by Truster <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 said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and <br />profits, including those part 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 pmts and the application <br />thereof as aforesaid, shall not cure or waive any defaulter 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 i.3 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 bons 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 be foreclosed <br />as a mortgage. <br />6. 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. Tru,!ee or Beneficiary shall he a party unless such action or <br />proceeding is brought by the Trustee. <br />9, This Deed of Trust applies too, 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 if copy of any Notice of Default or Notice of Sale he mailed to <br />each person who is named in this Trust Dw�d 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.._ 12_ T ___, day of is ;' "- A.D. 19 'si <br />STATE OF NEBRASKA.. <br />COUNTY __ -- <br />On this __.12_ _ _.._..... day of _ :� k A.D., 1:1 _ r - , befi,re rne, t e undersigned, if Notary Public:, duly <br />commissioned and qualified for au4 residing in said county. personally came <br />n , • �' <br />tnc known to be the identical person _ whose name affixed to the fc «••Koing <br />instrument as Trustor _r , __ _ arid acknowledged the .sate to he _._ -._... vol- <br />untary act and deed. GENESµ 11014x, -slate of 11Nech <br />Witness my hand and Notarial Seal the day and year last above writttsn. KATHLEEN K. HILL <br />My Commission expires the „day glfiMner•E+t0.Wreh31,J989 <br />Nt%tary Public <br />STATE OF <br />,s. <br />I _ County <br />Entered in Numerical Index and tiled for record in the office of the Register of Deeds of said county, the <br />day of _.__ _. _ _ 19 at i clra•k ;fit(] <br />p minutes ._. _.._.__. M., and duly recorded in Book of <br />Mortgages page <br />Register of Deeds <br />991 Y.4200'.. <br />Deputy <br />In <br />