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200510709 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 3 day of OCTOBER, 2005 STATE OF Mbl't",-S'I(,,\ ) ;/-;!~ ?~ ;(~/( COUNTY l" ~~~I\: \C~~ On this J day of OCTOBER, 2005, before me. the undersigned, a Notary Public, duly commissioned and qualified for and residing in said county, personally catne MARK E THUER AND SHERRY K THUER to me Irnown to be the identical person(s) whose name(s) is/are affixed to the foregoing instrument as tru or s a to be his/her/their voluntary act and deed. JOHN D. BEHRENS I My Comm. Exp. Aug. 20, 2DD1 Witness my hand and Notarial Seal the day and year ast a ove My Commission expires the 20 day of /7ujftS.f I :z On?- ) ) ss. COUNTY ) Entered in Numerical Index at1d filed for record in the office of the Register of Deeds of said county, the day of , at o'cbck and minutes M., and duly recorded in Book of Mortgages page STATE OF Register of Deeds Deputy NE.0979NOWLlNE-0905 (also used by IA) (ROC) Page 3 of 3