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<br /> � (d) Beneficiary may elect to cause the Trust Property or arry part thereof to be sold under the power of sale, and in such event, Beneficiary or Trustee
<br /> shal/give such notice of defau/t and notice of sale as may be then required by/aw. Thereafter, upon the expiration of such time and the giving ol
<br /> such notice of sa/e as may then be required by law, Trustee, at the time and place specified by the notice of sale, shall sel/such Trust Property, or
<br /> any part thereof specified by Beneficiary, at public auction to the highest bidder for cash in/awful money of the United States of America. Upon
<br /> � �ceipt of payment of the price bid, Trustee shall apply the proceeds in the following order.(i)to the cost and expenses ol exercising the power of
<br /> � sale and of the sale,including but not limited to, trustees fees or not more than$500.00 p/us one-ha/f of one percent of the gross sa/e price, and
<br /> reasonable atrorney fees, (ii)to the Indebiedness, and(iii)the excess, if arry, to the person or persons/egally entitled thereto.
<br /> �l/costs and expenses incurred by Beneficiary in enforcing any right under this Deed of Tiust, inc/uding without limitation, abstract or title fees,
<br /> appraisal fees,premiums for tit/e insurance, attorney fees and court costs, shall be and constitute Indebtedness secured hereby.
<br /> ��8. Duties of Trustee. Trustor agrees ihat:
<br /> �: (a) Duties and obligations of Trustee shall be determined sole/y by the express provisions of this Deed of Trust and Trustee shall not be liab/e except
<br /> �;� for the periormance of such duties and obligations as are specifically set forth herein, and no implied covenants or obligations shall be imposed
<br /> :
<br /> ' upon Trustee,
<br /> (b) No provision o/this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur any financia/obligation in the
<br /> performance of any of its duties hereunder, or in the exeicise of any of its rights or powers, �
<br /> (c) Trustee may consult with counsel of its own choosing and the advise of such counse/shal/be fu//and comp/ete authorization and protection in
<br /> the respect of any action taken or suffered by it hereunder in good faith and reliance thereon, and
<br /> (d) Trustee shall not be liab/e for any action taken by it in good faith and reasonably believed by it to be authorized or within its discretion or rights
<br /> or powers conferred upon it by this Deed of Trust.
<br /> 29. Security Agreement and Fixture Filing. This Deed of Trust shall constitute a security agreement and fixture filing under the provisions of the
<br /> Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof as constituting a part of the Trust Property,
<br /> together with all other property of Trustor, either similar or dissimilar to the same,now or hereaRer/ocated at or on the Trust Property. �
<br /> 30. Future Advances. Upon request of Trustor, Beneficiary, at Beneficiary's option,prior to full reconveyance of the Trust Property by Trustee to Trustor,
<br /> may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of Trust.At no time shall the
<br /> principa/amount of the Indebtedness secured by this Deed of Trust,not inc/uding sums advanced to protect the security, exceed the tota/sum of
<br /> g 40,000.00 ,Advances of disbursements made by Beneficiary to protect the security, under ihe terms hereof, while discretionary, shall not
<br /> be deemed to be optiona/advances.
<br /> 31. Reconveyance. Upon payment of all Indebtedness secured 6y this Deed of Trust, Beneficiary shall request Trustee to reconvey the Trust Property and
<br /> shall surrender this Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Tiust to Trustee. Trustee shall reconvey the Tiust
<br /> Property without warranty and without charge to the person or persons/egally entitled thereto. Such person or persons shall pay all costs of
<br /> recordation, if any.
<br /> 32. Substitute Trustee. Beneficiary, at its option, may from time to time remove Tiustee and appoint a Successor Trustee to any Trustee appointed
<br /> hereunder by an instrument recorded in the counry in which this Deed of Trust is recorded. Without conveyance of the Trust Property, the Successor
<br /> Trustee sha/l succeed to all tiUe,power and duties conferred upon Tiustee herein and by applicab/e/aw.
<br /> 33. Misce/laneous Rights of Beneficiary. Beneficiary may at any time and from time to time, without notice, consent to the making of any p/at of the Trust
<br /> Properry or the creation of any easement thereon or any covenants restricting use or ocupancy thereof or agree to a/ter or amend the terms of this
<br /> Deed of Trust.Any persona/property remaining upon the Trust Property after the Trust Property has been possessed or occupied by Beneficiary, its
<br /> agent or any purchaser following Trustees sa/e, forec/osure, or under any deed in lieu of Trustee's sale or foreclosure, shall be conc/usively
<br /> presumed to have been abandoned by Trustoc
<br /> 34. Notice to Tiustor. Trustor hereby requests that a copy of any notice of defau/t and notice of sa/e made or executed by Trustee pursuant to the
<br /> provisions hereof be sent to Trustor at its mailing address set forth hereinabove.
<br /> IN WITNESS WHEREOF, this Deed of Trust has been du/y executed ihe day and year first above written.
<br /> .��. �. ��Lr..�--'
<br /> Joh�'. Kr se
<br /> �
<br /> Ima Je Kruse '
<br /> STATE OF NEBRASKA )
<br /> )ss.
<br /> COUNTY OF )
<br /> On this day of , 19 , before me, a notary public in and for said county,personally came,
<br /> , , and , ,
<br /> of ,known ta me to be the identica/persons who
<br /> signed the foregoing Deed of Trust and acknow/edged the execution thereof to be their vo/untary act and deed, and the vo/untary act and deed of said
<br /> corporation.
<br /> WITNESS my hand and notaria/sea/on this the day and year last above written.
<br /> (SEAL)
<br /> Notary Public
<br /> My commission expires:
<br /> STATE OF NEBRASKA )
<br /> )ss.
<br /> COUNTY OF Hall �
<br /> On this�2Sid day of April , 19�$, before me, a notary pub/ic in and for said county,personally came,
<br /> John F. Kruse and—_Ima Jean Kruse , known to me to be the identical persons who
<br /> signed the foregoing Deed of Trust and acknowledged the execution thereof to be their vo/untary act and deed.
<br /> WITNESS my hand and notaria/sea/on this the day and year/ast above written.
<br /> (SEAL) �� 6ENERAt,NOTARY.Sfq�p�p q��
<br /> �Comn1.Eiq�,� �¢�r+,cG
<br /> Notary Public
<br /> ._ ��s,� -�/ aGo�
<br /> My commission expires: �
<br />
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