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<br />84 -- 002'794
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<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, issuE's and profits of said property, reserving unt.o Trustor the right, prio'r"to "any defstlJt"by,TnJstOr
<br />in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect' and retain 8um- rents';. i98Ue8
<br />and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice.- either in-'pei1JQb,-: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
<br />enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise ~lleet sudi'"r
<br />profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby. and-in 8ue:h-ordEirH&!'i~,__ ~~:rY'
<br />may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and-the-appIic:atiOli"
<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:-
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<br />5. Upon default by Trustor in the payment of any indebtedness secured hereby or in the performance of any agr~men~, r,()n~-iY;ed'~:h~rei~;
<br />aUsurns secured hereby shall immediately become due and payable at the option of the BenefiCiary. In such event and' uJMJ.~-writteJi--req~
<br />of Beneficiary, Trustee shall sell the trust property. in accordance ,with the Nebraska Trost Deeds Act, at public"8uction to,the'-"higheit~
<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:-e~ll8e:
<br />ofthe sale. including a reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, ifa.ny. shall-be distributed
<br />t-O the persons entitled thereto R
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<br />6. Trnstee shall deliver to thi' pUrehaSE>T at the sale it;.., deed, without warranty. which shsll convey to the purohaser- the ':interest: in:
<br />the property which Trustor had or had the power to convey at the time of his execution of this Deed'of Troet,~and'4Ri:ch:a8:,he-':m8y:~'h.ve
<br />acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with ,all the' req:uiremtmt8'.
<br />of law and of this Deed of Trust, whic.h recital shaH be prima facie evidence of such compliance and conclusive evidence thereof i~,-faVoi'
<br />or bona fide purchasers and encumbrancers for value
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<br />{, [he power of sale conferred. by thlg Ueed of Trust is not an exclusive remedy; Beneficiary may cause this Deed of Trust t9-be foreclosed
<br />as a mortg:ag-e.
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<br />8. rn-~he ~vent of the death. incapadty, disability or resignatiun of Trustee, Beneficiary may appoint in writing a successor trU8~~
<br />and upon the re('ording of such appointment in the mortgaJ.!e records of the county in which this Deed of Trust i~ recorded,-t.he successor-
<br />trustee shall be vested WIth all powers of the anginal trustee. The trustee is not obliged to notify any party hereto of pending sale under
<br />any other Deed of Tru8t or of any action or proceedmg in which TnlRtor, Trustee or Beneficiary shall be a party unless suc...'t action 'or
<br />proceeding is brought by the Trustee
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<br />9. ThIS Deed of Trust applies to, mures to the benefit 0)1". and lti bmding 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 herem.
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<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.
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<br />Signed thiS __23-__ _.~ day of
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<br />~a:L-----_. AD. 19_~.
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<br />_)~al].___
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<br />_4,\,-", ^.....x 1--,- 0.hYt ~ -> __
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<br />STATE OF NEBRASKA
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<br />COUNTY
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<br />On this ---4-" day of _ __~__ :\ n, 19___'~4~__. before me. the undersigned, a Notary Public. duly
<br />commi8810noo and qualified for and resldm.g In c;atd oJUnty, personaHy came .1)aryl I. s~ Pearl R Smith
<br />~l3~~?-.~_~_~~ _~~!.~__ to me known to be the ldenticui person _EL whose name $__ affixed to the foregoing
<br />instrument as Trustor 3... and acknowledged the same to be .
<br />untary act and deed
<br />Witness fily ha.nd and ~olarlal Seal th~ day and year last abovtc' Wrltten.
<br />My Comnll~lOn expires the '--.:. gay
<br />of j/,.2^:L:-/~ 19 ::.'''y '1", :"!..L[_!..L:.L_~:n"_.f~'_+__"_:' __rdI1/..J_
<br />Notary.Public
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<br />STAn; m'
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<br />County
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<br />~~nwred III :'\lumencal Index dnd filed for rel.:ord In th.... otnC(~ of the Register of D~ds of said county, the
<br />day of HL. , at o'clock and
<br />mmutes. ~1.. and duly r <.:corded in Book of
<br />Mortgages pagt"
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<br />R~gi~i~r' ~f D~eds
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<br />Deputy
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