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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 of
<br /> these Trusts to collect the rents,issues and profits of said property,reserving unto Trustor the right,prior to any default by Trustor in payment
<br /> of any indebtedness secured hereby or in performance of any agreement hereunder,to collect and retain such rents,issues and profits as they
<br /> become due and payable.Upon any such default,Beneficiary may at any time without notice,either in person,by agent,or by a receiver to be
<br /> appointed by a court,and without regard to the adequacy of any security for the indebtedness hereby secured,enter upon and take possession
<br /> of said properiy or any part thereof,in his own name sue for or otherwise collect such rents,issues and profits,including those past due and
<br /> unpaid,and apply the same upon any indebtedness secured hereby,and in such order as Beneficiary may determine.The entering upon and
<br /> taking possession of said property,the collection of such rents,issues and profits and the application thereof as aforesaid,shall not cure or
<br /> waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
<br /> 5.Upon default by Trustor 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 writ#en request of
<br /> Beneficiary,Trustee shall sell the trust property,in accordance with the Nebraska Trust Deeds Act,at public auction to the highest bidder.
<br /> Any�persoh exd�pf�Trust�etipay bid at Trustee's sale.Trustee shall apply the proceeds of the sale as follows: (1)to the expense of the sale,
<br /> including a reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus,if any,shall be distributed to the
<br /> persons entitled thereto.
<br /> 6. Trustee shall deliver to the purchaser at the sale its deed,without wananty,which shall convey to the purchaser the interest in the
<br /> 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 acquired
<br /> thereafter.Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this
<br /> Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide
<br /> purchasers and encumbrances for value.
<br /> 7. The power of sale conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be
<br /> foreclosed as a mortgage.
<br /> 8.In the event of the death,incapacity,disability or resignation of Trustee,Beneficiary may appoint in writing a successor trustee,and
<br /> upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded,the successor trustee
<br /> shall be vested with all powers of the original trustee.The hustee is not obliged to notify any party hereto of pending sale under any other
<br /> Deed of Trust or of any action or proceeding in which Trustor,Trustee or Beneficiazy shall be a party unless such action or proceeding is
<br /> broughtby the Trustee.
<br /> 9. This Deed of Trust applies to, inures to the benefit of, and is binding 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 hereby,
<br /> whether or not named as Beneficiazy 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 to a
<br /> copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be
<br /> entitled to receive a refund of unearned charges in accordance with law.
<br /> Signedthis 15 dayof December ,A.D. 1999 . �,
<br /> ,7 ,"
<br /> � � ,
<br /> STATE OF NEBRASKA ) � G�°�-� � - ����"'-` �`-�
<br /> )ss.
<br /> HALL COUNTY) �� � � Q��f'�--�
<br /> �
<br /> On thyS 15 day of DeCember , A,D. 1999 , before me, the undersigned, a Notary Public, duly
<br /> commissioned and qualified for and residing in said county,personally came Joseph F. Martinez & Refuj io Martinez,
<br /> husband & wif e as j o int t enant s �me known to be the identical person S �hose na�e G affixed to khe faregoing instrument
<br /> as Trustor S and acknowledged the same to be their
<br /> voluntasy act and deed.
<br /> Wikness my hand and Notarial Seal the day and year last above written.
<br /> My Commission expires the 8 day � 6ENERAL NOTARY-State Ot Nebrask3 '�
<br /> of February , 2003. _,_J;!',L SHERRI Y.WATSON
<br /> ���'� ���' � � No Public
<br /> STATE OF NEBRASKA )
<br /> )ss.
<br /> HALL 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 minutes M.,
<br /> and duly recorded in Book of Mortgages page
<br /> �
<br /> 0
<br /> a Register of Deeds
<br /> Deputy
<br /> NE-991-1 197-2
<br />,�„^
<br /> �
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