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0 <br />200501559. <br />4. As additional security, Trustor hereby gives and confers upon Beneficiary the right, power and authority, during <br />the continuance of these Trusts to collect the rents, issues and profits of said property, reserving unto Trustor the right, <br />prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement <br />hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, <br />Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and <br />without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of <br />said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including <br />those past due and unpaid, and apply the same upon any indebtedness secured hereby, and in such order as Beneficiary <br />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 <br />invalidate any act 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 <br />agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the <br />Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance <br />with the Nebraska Trust Deeds Act, at public auction to the highest bidder. Any person except Trustee may bid at <br />Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a <br />reasonable Trustee's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed <br />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 <br />the interest in the property which Trustor had or had the power to convey at the time of his execution of this Deed of <br />Trust, and such as he may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was <br />conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie <br />evidence of such compliance and conclusive evidence thereof in favor of bona fide purchasers and encumbrances for <br />value. <br />7. The power of sale conferred by this Deed of Trust is not an exclusive remedy; Beneficiary may cause this Deed <br />of Trust to be foreclosed as a mortgage. <br />8. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a <br />successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this <br />Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is <br />not obliged to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in <br />which Trustor, Trustee or Beneficiary shall be a party 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 <br />heirs, devisees, legatees, administrators, executors, successors and assigns. The term Beneficiary shall mean the holder <br />and owner of the note secured 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 <br />Sale be mailed to 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. 1. 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 22ND day of JANUARY 2005 <br />STATE OF NEBRASKA <br />ss. OD ME TE NK <br />COUNTY ) <br />REBE A L METTE -B or me the undersigned, a Notary <br />On this 22 day of JANUARY 2005 gn rY <br />Public, duly commissioned and qualified for and residing in said coun ersonally came RODGER A METTNBRINK AND <br />REBECCA T MF.TTENBRINK HUSBAND AND WIFE AS JOIiTm� to be the identical person g <br />whose name S affixed to the foregoing instrument as Trustor q <br />and acknowledged the same to be THFTR voluntary deed. <br />GE Witness m hand and Notarial Seal the day and year last above written. CH Nom' =jam, <br />Y Y Y CHRISTU <br />My Commission expires the 3 day of % // '�01A <br />JANUARY 2007 JG� 2 <br />NoWy Public <br />STATE OF <br />COUNTY <br />ss. <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 />and duly recorded in Book of Mortgages page <br />NE- 0979 -0204 (ROC) <br />M., <br />Register of Deeds <br />Deputy <br />