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<br />83-003627 <br /> <br />4. As Eldditional security, Trustor bereby gives to and mnfe!'S upon Benefic'Rr>' tbe right, power and authority, during the continuance <br />of these Trusts to coll,"Ct the rents, issues and profits of said property, reserving unto Trustor the nght, prior to any default by Trustor <br />in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to co!lect and retain such rents, issues <br />and profits as they b€<:ome due and payable, Upon any such default, Beneficiary may at any time without notice, eitber 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 other-vise ('oiled such. rents, issues ann <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 possession of saJd 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 /> <br />&. Upon default by Trustor in the payment "I' any indebtedness secured hereby or in the performance of any agreement contained herein, <br />all sums secured hereby shaH immediately beeome due and payable at. the option of the Beneficiary. In such event and upon writt<m request <br />of Benel'iciary, Trustee shall sell the trust property. in accordance with the Nebl'aska Trust Deeds Act. at public auction to the highest <br />bidder. Any personeJ(cept Trustee may hid at Trustee's salle. Trustee shall apply the proceeds 01' the sale as {"Hows: (l i to the expense <br />of the sale, mcJuding a reasonable Trustee's fee; 12) to the obligation secured by this Deed of Trust.; 1 :"1 the surplus, if any, shall bed,stributed <br />to the !,ersons entitled thereto. <br /> <br />6. Trustee sha.1l deliver to the purthaset at the sale its deed, without warranty, whieh shall eom>ey to t.he purehaserthe interest in <br />the property which Trustor had or had the power to eonvey at the time of his execution of this Deed of Trust; and stich as he may have <br />acquired . thereafter, Trustee's deed sbaH recite the facts. showmg that the sale was ,,,mducted in compliance with all the. requirements <br />of law and of this Dee:d ill' Trust, which reeil:.al shall be prima facie eVldenc~~ of sueh comphan,,(; and conclusive evidence> thereof in fa.vor <br />of bona :fid'l purchasers nnd encumbrancer" for value <br /> <br />7. The power of sale conferred hy this lked of Tmst is not ,m e"dus1Ve rem",jy; ne!1ellciary may CHuse this Deed of Tl'ust to be foree1os",(I <br />as a mortgage. <br /> <br />8. In the event of the death, incapacity, disability or l'e"ign,Qtio!1 of Trustee, Beneticiary may appoint in wri.ting a successor trustee, <br />and upon the recording 01' such appomtment in th" mortgage r"':fwds of the eounty m which this Deed of Trust is re(:orded, the successor <br />trustee shall be vested with an POWNS of tlu, ocigma! t.rustee. Th,' t.rustee l~ not obliged to notify any party hereto of pending sale under <br />any other Deed of Trust or of ,my action or proceeding in which Trustor, Trustf>e or Beneficiary shall be a P:ll'ty unless such action or <br />proceeding is brought by the Trustee. <br /> <br />9. This Deed of Trust applif!S to. i rn1rcs t.o the bene tit 01, and i::, <br />legatees. administrators. executors. successors and assig"ns. The tenn <br />hereby, whether or not named as genel1ciary hermn. <br /> <br /> <br />fHl the parties bet'eta, but on their heirs. devisees:, <br />mean the holder and owner of the note' secured <br /> <br />NOTICE TO CONSUMER: L 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 /> <br />Signed this <br /> <br />day nf <br /> <br />A.D. <br /> <br /> <br />STATE OF NEBRASKA <br />COUNTY <br /> <br />j SS. <br /> <br />On this <br /> <br />day of <br />for alld residing <br />to me known to <br /> <br /> <br />A.1)., t~j~,,"_...,.:: ~_. before rne, t.he undcrslgned. a N'otary .Public, duly <br />111 saul cOUllty. pc>rsona lly came <br />be the jdentical person whose name ;5" <br />and acknowledged the same to be_. <br /> <br /> <br />instrument as Trustor <br /> <br />untary act and d(~ed. <br /> <br />Witness my n.and and Notanal Seal <br /> <br />My Commission expires the <br />f /r?","'~ ( , <br />o -_...~,.~__.. .___""".ff/-J.J....~t,....,(...:.t.1.,.c <br /> <br />i.nd j'e,u' last above <br /> <br />STATE OJ:<' <br /> <br />,S$. <br /> <br />County <br />Entered in Numerical Index and tiled for record in the o!Iic(' of the Register of Deeds of said county, the <br />day of ' [9..", , at o'eJock and <br />minutes lYL, f.md duly recorded in Book of <br />Mortgages page <br /> <br />;; <br />j <br /> <br /> <br /> <br />"-'-' <br /> <br />L <br /> <br />r <br />11 <br />~i <br />!~\, <br />41 <br />j, <br /> <br />(; <br />