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(d) Beneficiary may elect to cause the Trust FrapaM; or any part thereof to be sold tinder the power of sale, and in such event,
<br />Beneficiary or Trustee shall give such natka of default and notice a! sale as may bo then required by law. Thereafter. upon the
<br />expiration of such time and the giving of such notlne of sale as may then be required by law, Trustee, at the time and place specified
<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 stoney of the Urmifed Slrrtlts of America- Upon receipt of payment of the price bid, Trustee shall apply the
<br />proceeds in the toMowing order: (i) to the cost and. expenses of exercising the power of sale and at the sale, including but not limited
<br />to, trustee's fees or not more than $500.00 plus one-half of one percent of the gross sate price, and reasonable attorney fees. (ii) to
<br />the Indebtedness, and (IA) the excesN, if any, to Mi? Poison or persons legally entitled thereto.
<br />All costs and expenses Incurred by Beneficiary in enthncing any right under this Deed of Trust, including without limitation, abstract or title
<br />lees, appraisal tees, premiums for title insurance, anomeyrfaes and court costs. shalt 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 />liable except for the performance of such duties and obligations as are specifically set forth herein, and no Implied covenants or
<br />oagadonts 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 perforrnarice of any of its dunes hereunder, or, in the exercise of any of its rights or powers.
<br />(c) Trustee may consult with counsel of its own clewing and the advise of such counsel shall be full and complete authorization and
<br />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 Dead 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 />Taut Property. together with all other p!vpeny of Tractor, either similar or dissimilar to the same, now or hereafter located at or on the
<br />Trust Property
<br />29. Future Advances. Upon request of Truster, gerrellclaty, at Beneficiary's option, prior to full reconveyance of the Trust Property by .
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<br />Trustee to Trustor, may make future advarc es to Trustor. Such frlfure advances, with interest thereon, "I be secured by this Deed±Of
<br />Trust At no time shall the principal emount of the Indebtedness micured by this Deed of Trust, not including sums oeianced to protect
<br />the security, exceed the total surli of.S Advances of disbursements made by Beneficiary to protsctft security,
<br />under the terms hereof, while discredca ary. shall not be doomed to be optional advances.
<br />under
<br />30. Reconveyance. Upon payment, Of all Indebtedness secured by this Deed of,rrust, Beneficiary shall request Trust r�onvep the
<br />Trost Property and shall surrend$r this Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to Trustee.
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<br />Trustee shall reconvey the Trust, Property without warranty and without charge to the person or persons legally entitied thereto. Such
<br />person or persons shaft pay afl:ccsts of recordation, if any.
<br />31. Substitute Trustee. Beneficiary, at its option, may from time to time remove Trustee and appoint a Successor Trustee to any Trustee
<br />appointed hereunder by an instrument recorded it the county in which this Deed of Trust Is recorded. Wi&W conveyance of the Trust
<br />Property, the Successor Trustee shall succeed to ag tide, power and dudes conferred upon Trustee hereii and by applicable law.
<br />MiscoMeneove Rights of Beneficiary. Beneficiary may at any time and from time to time, without notice, consent to the making of any
<br />plat of the Trust Property ou the creation of any easement thereon or any covenants restdcVng use or occupancy thereof or agree to
<br />'a&ow Trust Property has
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<br />or amend the terms of this Deed of. Trust Anv personal property remaining upon the Trust ftperty after the
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<br />bsen possessed or, occupied by Beneficiary, its agent or any purchaser following Trustee's sale; � to-r edlosure, or under any deed in lieu
<br />.at Trustee's sale or, firreckuure, shall be conclusively presumed to have been abandoned by Traitor.
<br />33. Notice to Trustor. Trustor hereby requests that 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 forth hereinabove.
<br />IN WITNESS WHEREOF, this Deed of Trust has been duly executed thj day and year Ost�ove written.
<br />0
<br />STATE OF NEBRASKA )
<br />Ps.
<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 tome to be the identical persons wfro.. '
<br />signori &e ftmgoing Deed of Tr,..st and acknowledged the execution thereof to be their voluntary act 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) �+ 1
<br />STATE OF NEBRASKA )
<br />)ss.
<br />COUNTY OF BALL )
<br />On this 1 day of February , 19 -§-9—, before me, a notary public in and for said county, personally came Mart in A. Hoch ,
<br />and Judy A. 11och , 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 />kOVITNESS my hand and notarial seal on this the day and year last above written. y,
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