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20050,1201 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 Trustor, 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 term 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 DECEMBER, 2004 STATE OF ss. /4 l� COUNTY On this 23 day of DECEMBER, 200.4, before me, the undersigned, a N ` ary 9blic, duly c mmissioned and qualified for and residing in said county, personally came MATTHEW J ROY AND MARY Y ROY, HUSBAND AND WIFE AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, to me known to be the identical person(s) whose name(s) is /are affixed to the foregoing instrument as trustor(s) and acknowledged the same to be his/her /their voluntary act and deed. GENERAL NOTARY - State of Nebraska Witness my hand and Notarial Seal the day and year last ve .tte JOHN D. BEHRENS My Comm. EV. Aug. M1 W My Commission expires the .761 day of Notary Public STATE OF 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 Book or Mortgages page Register of Deeds Deputy NE- 0979NOWLINE-1203 (also used by IA) (ROC) Page 3 of 3