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4.As additional security,Trustor hereby gives to and confers upon Beneficiary the right,power and authority,during the continuance of
<br /> e 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 /> f 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,Bene�ciary may at any time without notice,either in person,by agent,or by a receiver to be
<br /> appointed by a court,and without regatd to the adequacy of any security for the indebtedness hereby secured,enter upon and take possession
<br /> of said property 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 Beneficiazy may determine.The entering upon and
<br /> taldng 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 putsuant 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 secuted hereby shall immediately become due and payable at the option of the Beneficiary.In such event and upon writien request of
<br /> Beneficiazy,Trustee shall sell the trust property,in accordance with the Nebraska Trust Deeds Act,at public auction to the highest bidder.
<br /> Q Any person ezcept Trustee may bid at Trustee's sale.Trustee shall apply the proceeds of the sale as follows: (1)to the e�ense of the sale,
<br /> � including a reasonable Trustee's fee;(2)to the obligation secured by this Deed of Tntst; (3)the surplus,if any,shall be disiributed to the
<br /> persons entitled therPto.
<br /> � 6.Trustee shall deliver to the purchaser at the sale its deed,without warranty,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.Tn�stee'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 confened by this Deed of Tn�st is not an exclusive remedy; $eneficiary 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 Trnstee,Beneficiary may appoiat in writing a successor ttvstee,and
<br /> upoa the tecording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded,the successar trustee
<br /> shall be vested with all powers of the original ttustee.The trustee is not obliged to notify any party hereto of pending sale under any other
<br /> Deed of Trust or of any ackion or proceeding in which Trustor,Trnstee or Beneficiary shall be a party unless such action or proceeding is
<br /> brought by the Trustee. ,
<br /> 9. This Deed of Tivst applies to, inures to the bene�t of, and is binding not only on the parties hereto,but on their heirs,devisees,
<br /> legatees,administrators,ezecutors,successors and assigns.The tetm Beneficiaty shall mean the holder and owner of the note secured hereby,
<br /> 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 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 /> Signed this 20 day of March ,A.D. 1998
<br /> STATE OP NEBRASKA ) X �
<br /> )�• �
<br /> HALL COUNTY) X
<br /> 20 March
<br /> On this day of , p.D. 1998 , �fore me, the undersigned, a Notary Public, duly
<br /> commissioned and qualif'ied for and residing in said county,personally came Ro�ert R. Bartz & Michelle L. Bartz,
<br /> husband & wif e as �oint tene{�e�owa to be the idenfical person s �vhose name s aPfiaed to the foregoing Instrutnent
<br /> as Trustor S and aclmowledged the same to be their
<br /> voluntary act and deed.
<br /> Wihiess my hand and Notarial Seal the day and yeaz last above written.
<br /> My Com,,,i��ion e�ires the 8 day ���pp��.�qte ot Nebresb
<br /> of Februar��99 � SHERRI Y.WAT �
<br /> Mft OOtMI.Exp.feb.8,1999 ' Notar blic
<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 tniautes M.,
<br /> and duly recorded in Book of Mortgages page
<br /> � .
<br /> Register of Deeds
<br /> Deputy
<br /> NE-991-1197-2
<br />
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