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d. As additional security, Tntstor hereby gives to a nd confers upon Aeneficiary the right, power and authority, during the rnntinuance <br />of these Trusts Co collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Tivstor <br />in payment of any indebtedness secured hereby or in performance oC any agreement hereunder, to collect and retain ouch rents, issues <br />and profits as they became 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 past due and unpaid, and apply the name upon any indebtedness secured hereby, and in each order as Beneficiary <br />may determine. The entering upon and taking possession o(said property, the collection of such rents, issues and profits and the application <br />thereof ae 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 Truetor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, <br />all sums secured hereby shall immediately became due and payable at she option of the Beneficiary. In such event and upon written request <br />of Beneficiary. Tntatee shall sell the trust property. in accordance with the Nebraska Trust Deeds Act, at.public auctiom to the highest <br />bidder. Any person except Truster, may bid at Trustee's sale. Trustee shall apply the proceeds of the sate as follows: (Il to the expense <br />of the sale, including a reasonable Trustee's fee; [2) to the obligafion secured by this Deed of Trust: (31 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 Truator had or had the power to convey at [he time of his execution of this Deed of Ttvst, 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 lleed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor <br />of bona fide purchasers and encumbrances for value. <br />7. The power of sale conferred by this Deed of Trust is not an exclusive remedy; Aeneficiary may cause this Deed of Trust to be foreclosed <br />se a mortgage. <br />8. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor Tustee, <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 powes oC the original tncstee. 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, Trustee or Aeneficiary shall be a party unless such action or <br />proceeding is 6rough[ by the Trustee. <br />9. This Deed of Trust applies io, inures to the benefit of, and is binding not only on the parties hereto, but on their heir, devisees, <br />legatees, administratos, executors, successors and assigns. The term Aeneficiary shall mean the holder and owner of the note secured <br />hereby, whether or not named es Beneficiarv herein. <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 %th day of_'iovemeer _, A.D. 19 r2 <br />''~ " ~ <br />STATE OF NEBRASKA i <br />Hall i ss. ~ o <br />__ COUNTY I _ <br />5th hovet*.r,er `~ <br />On this -day oC .___._._-_..._,.._ _, A.b.. 19__-_., before me, he undersigned, a Notary Public. duly <br />commissioned and pualified for and residing to said county, personally came Irvin u, atolley and hfari_lyn A. <br />Stolley, Husband and_.Si~eme known to be the identical person =whose name aneaffixed to the foregoing <br />instrument as Trusto~_-__._- _ ____._- _- _. - _ and acknowledged the same to be .__.^theiru vol- <br />untary act and deed. <br />Witness my hand and Notarial Sett th~lday and year last abo written. GEtIER l ~~~~ <br />My' tssion expires the _.-;tsi.' _~_.__ day / ~ ~ ~~ RpL <br />of ~,i"v-l i `tom --- - - 19 ~ ~ I Si' ;! ~- ~ ~ t' ' ~ i4~~~~ ~"!Eaa~a!SA <br /> <br />STATE OF _-- _-- ) '~; 3 _~ ('Xj~ <br /> <br />--------..-._-- Count i <br />Entered in Numerical Index and filed for record in the ofFice of the Register of-tleede of said county, -th h' °' <br />day of ._~_ _ 19T~, at _____T o'clock and ~ .. ° 4 <br />minutes ___ _____ _ tit., and duly recorded in Book _.a( - <br />~ C <br />Mortgages page ---------------_ --- ---_ ____-...-_-----------., _ s --~ ' S~ <br />~., y`- ~ <br />X ~ <br />1C A t~ <br />z <br />~ <br />~. ,~ ~ ;~ ______-_______. ~..__. _.LN-__._~ _ <br />.. rv Regt,eter of Deeds CQO <br />~ u, <br />~~ ~.. <br />:` <br />rt <br />.y x <br />991 Ss2!tiEi ~ , _._.._____._ -...._.._. -__.__..____-_.._.____.._.__..-_.____.. ___-___ <br />Deputy 6 <br />N <br /> <br />A ` <br /> <br /> <br />