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<br /> <br /> <br />83- 003669 <br /> <br />4. As additional sleCUrity, Trustorbereby gives to and confel1! upon Beneficiary the right, power and authority. during the continuance <br />afthese _1'ruslls~' ,,~~~ the'rentBr iBsues and profits of said property, reserving unto 'f=stor the right, prior to any default by Trustor <br />in payment of aliy.iridebtedness secured hereby or in performance of any agreement hereunder. to collect and retain such rents, issues <br />and profits as thl!}" become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person. by <br />agent~ or bya l'e<leiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, <br />enter upon and tilkeposaession of said property or any part thereof, in his 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 hereby, and in such order as Beneficiary <br />may detsrmine. The' entering upon and taking. possession of said property, the collection of such rents, issues and profits and the application <br />thel'eOf as aforeaaiid; shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant ro such notice. <br /> <br />5.Upondefault.by Trustor in the payment of any indebtedneB8'securedhereby or in the performance of any agreement contained herem, <br />aU sums securedhereQY shall immediately beeomedue and payable at the option oUhe Beneficiary. In such event and upon written request <br />of Beneficiary, 'I'tusteesha.ll sell the trust property, in accordance with the Nebraska Trost Deeds Act, at public auction to the highest <br />bidd~r. ~yperson except Trust(!e may bid at Trustee's sale. Trustse shall apply the proeeedsof thesale as follows: (I) to the expense <br />ofthi!sale; including a reasonable Trustee's fee; (2) ro the obligation secured by this Deed of Trust; (3Jthe surplus, if any, shall be distributed <br />to the persons entitled thereto. <br /> <br />6.. Trusteeshalh deliver to . the. purchaser. at the _ sale its deed,. without warranty, which shall convey to thepurcbaser.. the interest in <br />the p~perty. which Trustor had or had the powerro convey at the time pf his tlxecution of this Deed pf Trust, and such as hemayha.ve <br />acql1iredthereafter; Trustee's. deed shan. recite the - facts showing that the . sale was conducted in compliance. with all the. requirements <br />oflaw and Ciftl;i1s Deed <>fTrust; which recital shall be prima facie evidence of such compliance and cpnclusiveevidence thereoLinfavor <br />of -bona. fidepW'ChaserslUl.d encumbranCers for value. <br /> <br />7. Thepowerpfs!i1econferred by this D<*!d of Trust is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed <br />asamort;gage. . . <br /> <br />8. In the event of the death, incapacity, disability _ or resignation of Trustee, Beneficiary may appoint in writing a successor trustee., <br />lUld..upon. the recording of such appointment in the mortgage records of the county in which this Deed of TrusUsreC1.lrded, the successor <br />trustee shall be vested with all powers of the original trustee. The trustee is not obliged ro notify any party hereto of pending sale under <br />any other Deed of Trust or pf any action or proceeding in which Trustor, Trustee or Beneficiary shall be a party unless such action or <br />proceeding is brought by the Trustee. <br /> <br />9. This Deed pI Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, <br />legatees, administrarors,. executors, successors and assigns. The tena Beneficiary shall mean the holder and owner of the !lote secured <br />hereby, whether or not named as Beneficiary herein. <br /> <br />NOTICE TO CONSUMER: 1. Do not sign this paper before you read it. 2. You are entitled to a .copy <br />oftbispaper.3. You may prepay the unpaid balance at any time witbout penalty and may be entitled <br />to receive a refund of unearned charges in accordance with law, <br /> <br />Signed this 11 day of July , A.D. 19--.f:L. <br /> <br />STATE OF NEBRASKA <br />Hall COUN'l'Y <br /> <br />) <br />) 88. <br />) <br /> <br /> <br />On this --11-___ day of July , A.D., 19 83_, before me, the undersigned, a Notary Public, duly <br />commissioned and qualified for and residing in said county, personally came .J o~ R "._ and Patricia J" - <br />Teare Husbsmd & Wifeto me known to be the identical person ..@._ whose name .12..- affixed to the foregoing <br />instrument as Trustor is ___ and acknowledged the same to be their ,,-. vol. <br />untary act and ~leed. <br />Witness my hand and Notarial Seal the day and year last above written. <br />My Commi88i~ln expires the. ~) / -(Y d)?Y <br />of /J7CM i' j, , 19~. <br /> <br /> <br />GflfllAllIIOTArrt - s <br />KA TH 1.1.0I/j..,..... <br />LEEN K. HIU. <br />My Comm. c... <br />""",.MUrcf131.1984 <br /> <br />1:1 <br />1 <br /> <br />STATE OF ____________ ) <br />) 88. <br />_ County ) <br />Entered in Numerical Index and filed for record in the office of the Register of Deeds of said county, the --.---.- <br />day of ___- , 19____. at _____ o'clock and ----,-.-.-- <br />minutes _____. ____ M., and duly recorded in Book _______.___ of ------.-- <br />MQrtgages page <br /> <br />L <br /> <br />I <br />I <br /> <br />L <br />