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<br />(d) ,11el1MfAEfary may 1Q0008?- the ?'rust Properly or any part i waof to be sold under the power of sale, and in such event,
<br />Swficlwy or Trustee shaft give such notice of default and notice of safe as may be then required by law. Thereafter, upon the
<br />expiration of such time and the giving of such notice of safe as may then be required by law. Trustee, at the time and place spec8ed
<br />ix tfce of sale, shat! seg such Trust Property, or any pan thereof specified by Beneficiary, at public auction to the highest
<br />bi t v cash In tawhg money of the United States of America. upon receipt of payment of the price bid, Trustee shall apply the
<br />piweeds in the fallowing order:- A) to the cost and expenses of exercising the power of sale and of the sale, including but not limited
<br />M, &.4hw's fees or not more than $5W.00 plus one -half of one percent of the gross sale price, and reasonable attorney fees, n to
<br />the ft*btedness, and AU) the excess, i► any, to the person or persons legally entitled thereto
<br />Al oc4 t arol expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title
<br />11M. ar p iw toes, premiums for title Insurance, attomay fees and court costs, shall be and constitute Indebtedness secured hereby.
<br />ET. DUMa d rrustee. Trustor agees that,
<br />(s,1 Duhtw rand obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee shalt not be
<br />6atbki.ea :apt fordo performance of such duties and obligations as are specifically set forth herein, and no implied covenants or
<br />otftofta shall be imposed upon Trustee,
<br />(b) N►o pr&* ib r of this Dead of Trust shall require Trustee to expend or risk its own funds, or otherwise incur any finandat obligation In
<br />tho pvtonance of any of its duties'hereunder, or in the exercise of any of its rights or powers.
<br />(G) Tr„atlle,may consult with counsel of its own choosing and the advise of such counsel shalt be full and complete authorization and
<br />pntewdcr in the respect of any action taken or suffered by it hereunder in good faith and reliance thereon, and .
<br />(d) Th.=ol hail not be liable for any action taken by it in good faith and reasonably believed by it to be authorized cr win its
<br />dwrifld64 or rights or powers conferred upon it by this Deed of Trust.
<br />2$ Secur ty Agreement and Fixture Filing. This Deed o1 Trust shalt constitute a saidty agreement and fixture i t >� the provisions of
<br />(be Nebraska Uniform Commercial Code with respect to those fixtures de:�✓; in the preambles hereof as ��tng a part of the
<br />�'rusi Property, together with all other p!crrterry of Trustor, either srrna'ar or ' � ,;far to the same, now or 1, e7:;� 'ar 1���:�d at or on the
<br />Trust Property.
<br />29. �uiure Advances. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to full reconveyance ai.ir 7r17�r° Property by
<br />Fru3tee to Trustor, may make future advances to Trustor. Such future advances, with interest thereon. sha!`a!« secured by this Deed of
<br />Trurr At no trine shall the principal amount of the Indebtedness secured by this Deed of Trust, not inc/udi�r sums advaneed to protect
<br />!? ^, -ft gxr ed drw wrs rr:t a1 S 21? _ QOD_ flt) Advances of disbutsetnenis made by Benefidwlyk• ro pmtM the security,
<br />under the teh while discretionary, shall not be deemed to be optional advances.
<br />30 Reconveywm Upon payment of all Indebtedness secured by thas Deed of Trust, Beneficiary, shall requ 6�r Trustee to reconvey the
<br />Trust Properly and shall surrender this Deed of Trust and all notes evidencing Indebtedness secured byi s Dead of Trust to Trustee.
<br />Trustee shall reconvey the Trust Property without warranty and without charge to the person or person legally entitled thereto. Such
<br />person or persons shall pay all costs 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 in the county in which this Deed of Trust is recorded. Without conveyance of the Trust
<br />Properly, the Successor Trustee shall succeed to al! (ine, power and duties conferred upon Trustee herein and by applicable law.
<br />32. Miscellaneous Rights of &Asvi ficlary. Beneficiary may at any time and from time to time, without notice, ccamat to the making of any
<br />prat of the Trust Property daft creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to
<br />afar or amend the terms oV its Deed of Trust. Any personal property remaining upon the Trust Properly alit:r the Trust Properly has
<br />been possessed or occupied by Beneficiary, its agent or any purchaser following Trustee's sale, foreclosure, or under any deed In lieu
<br />of Trustee's safe or foreclosure, shall be conclusively presumed to have been abandoned by Trustor.
<br />31 Notice to Trustor. Trustor hereby requests that a copy of any notice of default and notice of sate made or executed by Trustee pursuant
<br />ttu.0e provisions hereof be sent to Trustor at its rrmaikrrg address set forth hereinabove.
<br />IN W'NVESS WHEREOF this Deed of Trust has been Vy executed the day and year first above written.
<br />David A. Vacek
<br />STATE OF NEBRASKA )
<br />)ss.
<br />COUNTYOF )
<br />A.
<br />On this day of , 19 _ , before me, a notary public In acrd 'or said county, personally came
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<br />and ,
<br />of , MOW" to me to be the identical persons w5o .
<br />signed the foregoing Deed of Trust and acYillo wledged the execution thi ho' to be their voluntary etit and deed, and the voluntary act and
<br />deed of said corporatbn.
<br />WITNESS my hand and nor f seal on this the day and year last above written.
<br />(SEAL)
<br />U., mm -agan oxp.nv
<br />STATE OF NESPASKA )
<br />COUNTYOF -L As
<br />On this r 14 day o} Febru rr- �� 19 89 , before me, a notary public in and for said cou ity, personally came David A. Vacek,
<br />and Kit een A. Vacek , I dims'atu me Co be the identical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary at amid dead
<br />WITNESS my hand and notarial seal on this the day and year last above written.
<br />.(SEAL)'
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