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1 <br />(� P.9001 - 100233 <br />4. As additional security, Tnretor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance <br />Of Lhasa TYtuta to collect the rerttl�, iseLa and profits of said property. r0wrving unto Trustor the right, prior to any dr+fault 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 />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 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 application <br />thereof as aforesaid, shall not cute or waive any default or notice of default hereunder or invalidate any act don4 pursuant to such notice. <br />b. Upon default by Tmator in the payment of any indebtedness wecured hereby or in the performance of any agreement contained herein, <br />all sums secured hereby shall immediately become dui and payable a the option of the Beneficiary. In such event and upon written request; <br />of Beneficiary, Trustee shall sell the trust property, i* wcordance wiith the Nebraska Trust Deeds Act, at public auction to the highest <br />bidder. Any person except Trustee may bid at Ttustee's sale. Trustee shall apply the proceeds of the sale a._Q follows: (1) to the expense <br />Of the sale, including a reasonable Trustee's fee; (2) to the obligation, se cared by this Deed of Trust; (3) the surplus, if any, shell be distributed <br />to the persons entitled thereto. <br />8• Trusbw shall deliver to the purchaser at the aale its deed, *aout warranty, which shall convey to' the purchaser the interest. in. <br />Lire 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 facts showing that the sale was conducted in compliance with all the requirement <br />i of law and ef, this Deed of Trust, which recital shall be prima facie Tevidence of such comPhaftm and conclusive evidence thereof in favor <br />of bona We purchasers and eneumbranw -,%r value. <br />7. The power of sale conferred by thi3beed of Trait .4 not an a clusi:•e reemedy, Seneficia�y this ss a mortgage. may cause ta reed of Trust to be forre <br />' 8. In the event of the d -wth, incapacity, disability ;,}r resignation of Trustee, Beneficiary <br />and upon the recording cE a arY �Y appoint• car. writing a successor trustee <br />such appointment in the r age records .uf the county in which this Deed of Trust is recorded, the successor <br />trustee shall be vested with all powers of the original.'�rtstee. The frt4vRe is not obliged to notify any party hereto of pending sale under <br />any other Deed of Trust or of any action or proeeedi g; in which- Tim -tor, Trustee or Beneficiary shall be a 'party unto. ouch action or <br />proceeding is brought by the Trustee. <br />9. This Deed of Trust OWLses to, inures to the benefit of, and is binding not onkv on the parties hereto, but on their Heirs, devisees, <br />legatees, administrators, exeaitors, successors and asszgns. The term Beneficiary shall mean the holder and owner of thj?� qte 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 Notim.a£ Default or Notice of Sale be mailed to <br />each person who is named in Ais 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 to a copy" <br />cif this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled <br />to receive a.ref umd of unearned charges in accordance with law. <br />Signed this 16 day of January A.D. 19 89 <br />SPATE OF NEBRASKA <br />HalI <br />COUNTY t . X <br />On this 16 ,may of January_____„ A.D., 19 9 the undersigned, a f.�I'o Public, dui <br />' �� before��me, Lta�ryy <br />commissioned and qualified for and residing in,sW county, personally came Charles L. Ffi[ffman and Chikako <br />Huffman, husband and wife to me known to be t he identicaf.' tgonS S <br />instrument as Trustor S whose name _ affixed to the forngoing <br />_ and acknowledged the same to be their vn <br />untary act and deed. <br />Witness my hand and Notarial Seal the day and year 111 <br />I My Commission expires the 8 AA1,Sta111 M Y. wA"!fj of ary IIt A <br />F bru . !9 g sIIER/J <br />a <br />STATE OF <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 at o'clock and <br />minutes M., • and duly -remrded in.. &u k <br />Mortgages page of <br />.Register of Deeds <br />Deputy <br />r <br />:;. <br />r__ <br />