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<br />89-102181 `
<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 safe as may be Mon requited by law. - Thereafter, uprmi the
<br />expiration of such time and the giving of such notice of sale as may then be required by law. Trustee, at the firma and place specified
<br />by the notice of sale, shall sell such Trust Property, or any part thereof specified by geneliciary. at public aucttoma the highest
<br />bid jer for cash in lawful money of the United States of Americe. 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 $500.00 plus one -half of one percent of the gross safe price, and reasonable attorney fees, (fi) to
<br />the Indebtedness, and (iii) the excess, if any, to the person or persons legally entitled thereoo_.
<br />All costs and expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitatio »,.abstract or title
<br />fees, appraisal fees, premiums for title insurance, attorney fees and tour' costs, shall be and constitute Indebtedness seoufed 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 Dead pf-Irust 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 />(bZ No proviso;, of this Deed of Trust shall require .Trustee to exprl ; d or nsh its awn. furid& or dilrenviss incur any Bnw7craf obligation in.
<br />the performmance of any of its duties hereunder, or irr the exercise of any of ifs rights 4*-'sagrs :,
<br />(c' Trustee may consult s�nifr counsel of its own chops ng and the advise ofsctelr:± %ft be full -8 td-cempfete authorization and
<br />protection � the respect-of any action taken or suffered by itf t�reunder inf good A6#! -mod miiance thereon, and
<br />(dl trustee dWr nor be liable for any action taken by it in good tadb acrd reasonably beldg4d by it to be authorized or within its
<br />disvvox rncarnghts or powers conferred upon it by this Deed ?rvst.
<br />2a. Security►"�ent and Fixture Filing. This Deed of Trust s,1raT-- .a,nstitute a security agreement and **we filing under the provisions of
<br />1?e Nebraska Uniform Ccmmerrial Code with respect to those •rr.'yres den ibed in the preambles heiscf as constituting a part of the
<br />.Trust Pivp�S;i_v, together with all other property of Trustar, a trw.6hv,'ar or die imilat, to the same, now or.'f ereafterioeated at or on the
<br />Trust PropW6'1
<br />29, Future Advances. Upon request of Trustor, Beneficiary, at BefW!c 3ry's option, priar, lu f441 reconveyance of the PuV Property by
<br />Trustee to Trustor, may enake future advances to Trustor. Such future advances, with fntorast thereon„ S�a!j be sec..red by this Deed of
<br />Trust. At no time shalt thy) i'ncipal amount of the Indebtedness secured b }! t /il ;Deed of.Tr ust, not iri>±:P1r,:(iV sums advanced to protect
<br />`'fe security, exceed the !trial sum of 5 none Advances of disbeftemanls made!; yEe�*4foa y to protect the security.
<br />hider the terms hereof, while discret:bnary, shall not be deemed to be optidrlal advgnees.
<br />:'. Jeyance. Upon payment of all Indebtedness secured by this Deed of. Trust; Beneficiary shall np.,' .st rry a�- o reconvey the
<br />Prc;7--:7y and shall surrender this Deed of Trust and all notes evidencing Indebtedness secured 6y (lead �-nF trust to Trustee.
<br />1.ri idtee shall reconvey the Trust Property without wa zanty and without charge to the person or person, st egafly erred thereto. Such
<br />rn;erson or persons shall pay all costs of recordat:!;,,? it any.
<br />37. .'Substitute Trustee. Beneficiary, at its option, may Irorrtrrs•indirrre remat's Trustee and appoint a Succ-assar True e—= ro any Trustee
<br />appo(nte¢'ITemunder by an instrument recorded in the county in which this Deed of Trust is recorded. K thout car".v p-7.,e of the Trust
<br />Property ;lire Successor Trustee shall succeed to all title, power and duties conferred upon Trustee hs eii and by A. p dable law.
<br />32. Miscellaneous Rights of Beneficiary . Beneficiary may at any time and from time to time, without notices: ccrosent to the making of:,rrrT
<br />plat of the Trust Property or the creation of any easement thereon oren)o covenants restricting use or 6,- ,C4rancy thereof or agree ?o
<br />alter or amend the terms of this Deed of Trust. Any personal property► remalrilig upon the Trust Properir, after the Trust Property has
<br />been possessed or occupied by Beneficiary, its agent or any pumhasar• following Trustee's safe, foreclosure, or under any deed in lieu
<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 nolloa of,dufault and notice of sale made or executed by Trustee pursuant
<br />to the provisions hereof be sent to Trustor at its mailing address setJalth hereinabove.
<br />IN WITNESS WHEREOF, this Deed of Trust has been duty exacutp¢ the day I year firbove w#ften.
<br />SrA C' OF NEBRASKA )
<br />COUNTYOF HALL )GS.
<br />On this day of , 1.9 _-. ,.befomme, a notary public in and for said county, perscailly i came ,
<br />and, -
<br />of . known to nrr; to be the iil'entical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act and and the vVixtary 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 />NO&V puu�c
<br />MyCOm/n +S+MS+pM9 yu
<br />. "I.,
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<br />STATE OF NEBRASKA )
<br />)SS.
<br />COUNTY OF HALL )
<br />On this ?_fithday of—Apr' 1 Tg -Q.. • before me, a notary public in and for said county, personally cameD0na1d E. Fenton
<br />and Barb ra A. F n on, h ►mod and wife 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 (rand artd iiutdr►el s *al u►► this the day and year fast above wriffen.
<br />J �•~s/ -
<br />ISEAL i � Mimi -Slail W Mran�ii �/ . I1:�'�.G�/ �.- t ! /. •' - ..� �...r � �. t � t �.
<br />r7 MARGARET M Due" r.•:• :•,�_tt:
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