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F 89"'100694
<br />(d) Beneficiary may elect to cause the Trust Property or any part thereof to be sold under the power of sale, and in such event,
<br />Beneficiary or Trustee shall give such notice of default and notice of sale as may be then required by law. Thereafter, upon the
<br />expiration of such time and the giving of such notice of sale as may then be required by law, Trustee, at the time and place specified
<br />by the notice of safe, 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 />proceeds In the following order. (i) to the cost and expenses of exercising the power of sale and of the sale, including but not limited
<br />to, trustee's fees or not more than 5500.00 plus one -half of one percent of the gross sale price, and reasonable attorney fees, (ii) to
<br />the indebtedness, and (iii) the excess, if 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 />Mos. appraisal fees, premiums for tide insurance, attorney fees and court costs, shall be and constitute indebtedness secured hereby.
<br />27. Dudes 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 />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 />(e) Trustee may consult with counsel of its own choosing 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 Deed of Trust shall constitute a security agreement and fixture filing under the provisions of
<br />Me Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof as constituting a part of the
<br />Trust Property, together with all other propeilty of Trustore 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 Trustor. Beneficiary, at Beneficiary's option, prior to full reconveyance of the Trust Property by
<br />Trustee to Trustor, may make future advances to Trustor. Such future advances, wing rhterest thereon, shall be secured by this Deed of
<br />Trdst. At no time shall the principal amount of the Indebtedness secured by this Deed of Trust,, not including sums advanced to protect
<br />the security, excrewd the total sum of $ . Advances of d)sbursemantc rnadmherBaneficimy to protant tha vw,;jrily,
<br />under the terms 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 shat/ surrender this Deed of Trust and all notes evidencing indebtedness secured by this geed of Trust to Trustee.
<br />Trustee shall teconvey the Trust Property without warranty and without charge to the person or pemons legaly entitled thereto. Such
<br />pe►sm or pa tons shall pay all costs of recordation, if any.
<br />31. Substifutk?•Tn itee Beneficiary, at its option, may from time to time remove Trustee and appoint a Successor Trustee to any Trustee
<br />appotirrlxd hereunder by an instrument recorded in the county in which this Deed of Trust is re=ded. Without conveyance of the Trust
<br />Property, the Successor Trustee shall succeed to all title, power and dudes conferred upon Trustee herein and by applicable law.
<br />32. Miscellaneous 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 or the creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to
<br />alter or amend the terms of this Deed of Trust Any personal property remaining upon the Trust Property after the Trust Property has
<br />hwwri rmlem ted Occupied- by Belt- A—cia— % Its Anent er any ptsnrhgcpr it-Ha ing Trusf°e's —1- ferewrs xA w under—!> deed in Sam
<br />of Trustee's sale 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 forth hereinabove.
<br />iN WITNESS WHEREOF, this Deed of Trust has been duly executedffie day and year first ab_pvA written. ti
<br />STATE OF NEBRASKA
<br />COUNTY OF
<br />On thls day of
<br />)
<br />)ss.
<br />19 � , before me, a notary public in and for said county, personally came
<br />and ,
<br />Of , known tome, to be the identical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution therecl 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 wrifien.
<br />(SEAL)
<br />Notary pubrio
<br />My commissbn expires:
<br />STATE OF NEBRASKA )
<br />ass.
<br />COUNTY OF BALL •
<br />On this _9 day of February , 19 _V, before me,.s'notary public In and for said county, personally came Jerome L. Urbanski
<br />and -- _Carob . Urbanski , known to me to be the identical persons wfto
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act and deed.
<br />WITNESS my hand ehd notarial seal on this n6'riel and year last above wrritten.
<br />(SEAL)
<br />VA M1 bITARY40 it
<br />CAROLINE M. LEEP
<br />Can. E># FOW.14, IM
<br />L - -- .
<br />exp,res
<br />G
<br />
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