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200d11067
<br />4. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the
<br />continuance of these Trusts to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default
<br />by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such
<br />rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in
<br />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
<br />hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such
<br />rents, issues and profits, including those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such
<br />order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and
<br />profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act
<br />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
<br />herein, all sums gecured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon
<br />written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Nebraska Trust Deeds Act, at public auction to
<br />the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to
<br />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,
<br />shall be distributed 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 facts showing that the sale was conducted in compliance with all the requirements of
<br />law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of
<br />bona fide 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,
<br />and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the
<br />successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of
<br />pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Trustee or Beneficiary shall be a party
<br />unless such action or proceeding is brought by 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 terms 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 to a copy of this
<br />paper. 3. You may prepay the unpaid balance at any time and may be entitled to receive a refund of unearned
<br />charges in accordance with law.
<br />Signed this 15 day of October A.D 2002
<br />STATE OF 0, )
<br />ss.
<br />g 11
<br />COUNTY)
<br />On this �C k� day of A.D. befor e, the undersigned, a Notary Public, duly
<br />commissioned and qualified for and residing in said county, personally came Robert J Poe
<br />And Judy A Poe to me known to be the identical persons whose names are affixed to the
<br />foregoing instrument as Trustors and acknowledged the same to be their voluntary act and deed.
<br />Witness my hand and Notarial Sea�the day and year last above
<br />y Commission expires the h day of
<br />��m4 � -
<br />Notary
<br />STATE OF
<br />) 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 at o'clock and minutes
<br />of Mortgages page
<br />NE- 979NOWLINE -0700 (also used by IA)
<br />I•
<br />MANOYq& H0LMWW
<br />M., and duly recorded in Book
<br />Register of Deeds
<br />Deputy
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