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200210270 4. As additional security, Truster hereby gives to and confers upon Beneficiary the light, power and authority, during the continuance of these Trusts to collect the rents, issues and profits of said property, reserving unto Truster the right, prior to any default by Tnustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they 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 appointed by a court, and without regard to the adequacy of any security for the indebtedness . hereby secured, 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 profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 5. Upon default by Truster in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Nebraska Trust Deeds Act, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (I ) to the expense of the sale, 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 persons entitled thereto. 6. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in 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 acquired 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 Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona tide purchasers and encumbrances for value. 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 foreclosed as a mortgage. 8. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Truster, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 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, legatees, administrators, executors, successors and assigns. The terms Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. 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 each person who is named in this Trust Deed at the mailing address of such person as set out above. NOTICE TO CONSUMER. 1. Do not sign this paper before you read it. 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time and may be entitled to receive a refund of unearned charges in accordance with law. Signed this 23 day of September A•D 2002J P STATE OF )� t )sS. e t si s �- COUNTY)_ t "i t ^ 1� On this clay of tiE�1� A.D. t/a� V C1o� rfie, t�t �ersigned, a Notary Public, duly commissioned and qualified for and r siding in said county, personally came Enumitt M. Sims And Vicki J. Sims to me known to be the identical persons whose names are affixed to the foregoing instrument as Trustors and acknowledged the same to be their voluntary act and d %ON Witness my hand and Notarial raltthe clay and year last above written. AOOITDPETTIT My Commission expires the j!Q} l day of my 1W 14,20 MARCH 2006 - otary Public STATE OF J ss. COUNTY ) Entered in Numerical Index and filed for record in the office of the Register of Deeds of said county, the _ day of , at o'clock and minutes _ M., and duly recorded in Booc of Mortgages page Register of Deeds Deputy PAGE 2 OF 2 NE 979NOWLINE 0700 (elm used by IA)