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<br />(d) Beneficiary may 01601 to cause the Trust Property or any pan thereof to be sold under the p wer of sate, and in such event,
<br />Beneficiary or Trustee shall give such notive of defciurl and notrco of sale as may be then required by law. Theroaff0r. upon the
<br />expiration of such time and the giving of such notice of sale as may then be required by law, Trusteo, at the limo and place spordied
<br />by the notice of sale, shall sell such Trust Property, or any part thereof specified by Beneficiary, at public auction to the highest
<br />bidder for cash in lawful money of the United States of America. Upon receipt of payment of the price bid. Trustee shall apply the
<br />proewdc in the fallowing order.- (i) to the. asst anp expenses of exercising the power of sale and of the sale. including but not limited
<br />to, trustee's fees or not more than $500-00P111-9 one-half of one percent of the gross sale price. and reasonable attorney lees, (ii) to
<br />the Indebtedness, and (ill) the excess, it any, to the person or persons legally entitled thereto.
<br />All costs and expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title
<br />bees, appraisal fees, premiu-ns for title insurance, attorney toes anti court casts, shall be and constitute Indebtedness secured hereby_
<br />27. Duties of Trustee. Trustor agees that.
<br />(a) Duties and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee shall not be
<br />Q liabia except for the performance of such duties and obligations as are specifically set forth herein, and no implied covenants or
<br />obligations shall be imposed upon Trustee,
<br />(b) No provision of this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur any financial obligation in
<br />©the performance of any of its duties hereunder, or In the exercise of any of its rights or powers.
<br />(c) Trustee may consult with counsel of its own choosing and the advise of such counsel shall be full and complete authorization and
<br />ei protection in the respect of any action taken or suffered by it hereunder in good faith and reliance thereon, and
<br />(d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within its
<br />discretion or rights or powers conferred upon it by this Deed of Trust.
<br />' 28. Security Agreement and fixture Filing. This Deed of Trust shall constitute a security agreement and fixture filing under the provisions of
<br />the Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof as constituting a pan of the
<br />Cri Trust Property, togeHher with all other properly of Trustor, either sim.3aror dissimilar to the same, now or hereafter located at or on the
<br />Trust Property.
<br />29. Future Advances. Upon request of Trustor, Beneficiary, at Benefrclary's o Von; prior to full reconveyance of the Trust Property by
<br />Trustee to Trustor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of
<br />Trust. At no time shall the principaf amount of the Indebtedness secured by this Deed of Trust, not including sums advanced to protect
<br />the security, exceed the total sum of $ . Advances of disbursements made by Beneficiary to protect the security,
<br />under the temps hereof, while discretionary, shall not be deemed to be optional advances.
<br />30. Reconveyance. Upon payment of all indebtedness secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the
<br />Trust Property and shall surrender this Deed of Trust and all notes.. evidencing Indebtedness secured by this Deed of Trust to Trustee.
<br />Trustee sh0 reconvey the Trust Property without warranty and without charge to the person or persons legally entitie+d,'thereto. Such
<br />person or pevwns shall pay all costs of recordation, if any.
<br />31. Substitute Trustee. Beneficiary, at its option, may from time to time remove Trustee and appmi,t a Succe =r Trustee to any Trustee
<br />appointed hereunder by an instrument recorded in the county in which this Deed of Trust is. recorded- Gftout conveyance of ffm Trust
<br />Propenty the Successor Trustee shall succeed to all title, power and duties conferred upon Trustee herein and by applicable law;
<br />32. Miscellaneous Rights of Beneficiary. Beneficiary may at any time and from time to time, writhout notice, consent to the making of a r'
<br />plat of the Trust Property or the creation of any easement thereon or any covenants restricting use or occupancy thereof or agree 0
<br />alter or amend the terms of this Deed of Trust. Any personal property remaining upon the Trust Property after_ the Trust Propertyhi�
<br />ooms --pas ad cir ua:uarieo by 8erfefici�rry, its agent or arty purchaser ioilowing Trustee`s safe, roreclocrtr►3 Or unt7er any dew iplieu
<br />of Trustee's sate or foreclosure, shall be conclusively presumed to have been abandoned by Trustor.
<br />33. Notice to Trustor. Trustor hereby requests that a copy of any notice of default and notice of sale made or executed by Trustee pursuant
<br />to the provisions hereof be sent to Trustor at its mailing address set tart. hereinabove.
<br />IN WITNESS WHEREOF, this Deed of Trust has been duly execjhV the day acrdyearfirst above written.
<br />STATE OF NEBRASKA ) a a .. murpliy.
<br />)mss
<br />COUNTY OF )
<br />On this day of , 19 —, before me, a notary publr'c ih- anal'farsa'id ocuply, personally came ,
<br />and ,
<br />of , known to me to be the identical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be dWr: voluntw yract and deed, and the voluntary act and
<br />deed of said corporation.
<br />WITNESS my hand and notarial seal on this the day and year last above written.
<br />(SEAL)
<br />Notary PUY=
<br />*corrc "'0fterpves:
<br />STATE OF NEBRASKA )
<br />COUNTY OF HALL As
<br />On this _Z.3— day of December 19 —U, before me, a notary public in and for said county, personally came Dr. Gerald J.
<br />auk Murphy- and Pam i a S.- Murphy , known to me to be the identical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act and deed.
<br />WITNESS my hand and notarial seal on this the day and yea► last above written.
<br />(SEAL)
<br />Notary PuD� C
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