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r <br />100204 <br />4. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance <br />of these Tnista to collect the rents, issues and profits of said property. reserving unto Tnrntor the right, prior to any default by Trustor <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 />ash. or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby setvrred, <br />enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issuax 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 determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the applioation <br />thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notlat+. <br />b. Upon default by Truster 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 rQquest <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 Tru w may bid at Trustees sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense <br />of the ask, including a reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (S) 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 Trustor 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 facia 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 />oMma fide purchasers oath eucumbrancers for value. <br />7. The power of sale con&nvd by this Eked of Trust is. not an exclusive re ne_h , Breneficiary may cause this Deed of Trust to be fovnIosed <br />as a mortgage- <br />In the event of the death, incapac£ty; dasabifit5 or resigmacian �f Trustee, Beneficiary rmay appoint izx tirriting a sucessor trustee, <br />and upon Q$� seoording of such appoia�..nt in tree na�rt�;�C;e rL•�rCi��,c of the county in which this Deed of Tra��; es rec�rrka?�. the successor <br />toritstee s'aaiT� be vented frith all powers mrl�e nrigiQSl trus',ee. � ttttstee is not obliged tp noti�r any party he�to of pen3ing said under <br />any otherf.Aegd of Trust or of any actacrs or proceeding in cc�c2n Bator, Trustee ar BeneficiRry shall be a party unless each action or <br />proceeding ia, faiought by the Trustee. � .. , <br />9. This Detel•of Trust applies to, inures to the benefit of, and isi binding not cply 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 a copy of any Notice of Default or Notice of Sale be-mailed to <br />each person who is named in this Trust Deed 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 wa copy <br />of this Palmer. S. You may nreaay the unnaki halsinaa, At any fitRY with"1to rrr,nnllw wrwd Wn ft; . w —entitled- <br />t6 recefve a refund of uneiirned charges 6 accordance with law. ; <br />Signed this 12 dsyof January ,A.D. 19 89 . <br />STATE OF NEBRASKA ) x <br />Hall COUNTY i t-trrr 2 <br />on this 12 day of January , A.D_ 19 89 before me, the undersigned, a Notary Public,. deity <br />gommissioned and qualified for and residing irc said !=inty, personally came Charles L Huffman and. "Chikako <br />Huffman. husband & wife to me known to be - the :identical person S whose name S— affixed to the foregoing <br />instrument as Trustor 4; and acknowledged the same to be tbei r Vol. <br />unUuy act and deed <br />Witness my hand and Notarial Seal the day and year 1 <br />My Commission expires the 8 da gm 1111CAllY.i0 of lilllob <br />of February_ , 19 - lr, w�TSON 1 .�. <br />§W+A. a t:. <br />SPATE OF <br />1 ss. <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 />Mortgages page <br />3 <br />u <br />� _sc <br />oe� <br />k <br />