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(d) Beneficiary may elect me cause the Trust Property or any part thereof to be sold under the power of sate, and in such event. <br />Beneficiary or Trustee shall give such notice of default and noticd of sale as may be then required by law. Thereafter, upon the <br />expiratron of suchtme, and the giving of such notice of sale as may then be required bylaw. Trustee, at the time and place spe'girred <br />'by the notice of sale. shall sell such Trust Property, or any part therectspecified by Beneficiary, at public auction to the highest: <br />bid jer 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 sate, including but not limited <br />to. trustee's fees cr rot more than $500.00 plus one -half of one percent of the gross safe price, and reasonable attorney fees, (ti) to . <br />the indebtedness, and (iii) the excess, it any, to the person or persons legally enCrded thereto_ <br />All costs and expenses incurred by Berteficlrary in enforcing any right under this Deed of Trust, including without limitation. abstractor title <br />fees, appraisal fees, premiums for We Insurance attorney fees and court costs, shalt be and constitute Indebtedness secured hereby. <br />27. Dudes of Trus_hm Truster agees that <br />(a) Duties and otfigalons of Trustee sheff be determined solely by the -ex press: provisions of this Deed of Trust and Trustee shall not be <br />liable except fcr tte anr`crma,^rce of sash duties and obligations. as: art► specifically set forth herein, and no implied cotenants or : <br />obtigatro+ �s?rallber�z+���!�no�::rrcr� tae. <br />(b) Noproytsiortofthise2eo `?rust`s'G."grsi+ Trustee[ oexpen#• ttrtiskitsawnfrir; dsf: as ,Yeriki(ry&raaciaPobfigattoret r <br />the performance ofary pits tlertis. f±ereundn;,.i the exercistral'ahy t3l'i ii3lifs bc(assvrp°' ; r .,. <br /><c�. T ^,fetes may consult Mcfr:ect,� eta: P�R own chxw-zg and the advise of y Ircauna r►t; ryg >fialP, : � rri�pteie aurhorizatian a.�aF. ' <br />:�- iii fhe respec ofanj; acftontaken or -suffered by it ftere-rrndfj (rrgrtrrli fell, I'lnii( pol l cr-4>arrs %n. and ` <br />d ` . � iwlee� s?;— riot be 1i2Ne f6r any° 4c -Vin taken by it in good fail _ t ►ilirmn6bty believe rt liy it to a rifrorized or within its <br />discretarv. *jights or pcwers conferred upon it by this Deed o! Trust.. <br />23. 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 pad of the <br />Trust Properly, together with all other property of Trustor, either similar or dissimilar to the same, now or hereafter located at or on ft <br />Trust Property. <br />29. Future Advances. Upor 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, with interest thereon, shall be secured by this Deed of <br />Trust. 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, exceed the total sum of $ _ nom . Advances of disbursements made by Beneficiary to protect the security, <br />under the terms hereof, while discretionary, shaft 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 time <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 shall reconvey the Trust Property without warranty and without charge to the person or persons legally entitled thereto. Such <br />person or persons shalli pay all casts of recordation. it any. <br />31. Substitute Trustee. 8erelictary, at its option, may from time to time remove Trustee and appoint a Successor Trustee to any Trustee <br />appointed hereunder by an instrur•rent recorded in the county to which this Deed of Trust is recorded. Without conveyance of the Trust <br />Property, the Successor Trustee shall'succeed to all title, power and duties conferred upon Trustee herein and by of -1ficable 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 them-3f or agree to ! <br />alter or amend the terms of this Deed of Trust Any personal property remaining upon the Trust'Ptoperty after the TvasirProperty has <br />been possessed or occupied by Beneficiary, its agent or any purchaser following Trustee'';: wile; foreclosure, oT u°rdcvany deed in lieu a <br />of Trustee's sale or foreclosure, shall be conclusively presumed to have been abandoned ley irustar <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 seV r.7 Trustor at its malirg address 561 forth hereinabove. <br />IN WITNESS tiK PI EREOF, this Deed ce,Trp;B has been duty execured`*day and year first. above en. "! <br />GL -16 or .� A tin <br />STATE OF NEBRASKA ) Gay V. Aust 1n <br />A7 <br />COUNTY OF ) <br />On this day.ot ,19 —, b0pre me, a notary public in and for said county, personally came , <br />and <br />of , known to me to be the identical persons who <br />signed the foregoing Deed of Trust and acrndwled d 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 seat on this the day and year last above written. <br />(SEAL.) <br />Notary Pubnc <br />My commrssm" e,pnes <br />STATE OF NEBRASKA ) <br />Ps. <br />COUNTY OF v nt t . J <br />On this 1st eay of "lair -i,989 , before me, a rotary public in and for said county, personally came Gregory T. Aust 3 n <br />" and --- im RIM scd- erg # €e -- - - -- — - - • known to ma to be the identical persons who <br />signed the rois3L,! -9! 1dof�rustand acknowledged the execution thereof to be trait vo,u+:°6, -y . �! o aged. <br />WITNESS rreV kiz.:,id and notarial seal on tyre the day and year laJ above written. <br />i <br />, <br />.. !'► "�ht1i1(,1ll�i�llir•Siill /f <br />310"► MY M. DIVAN <br />My am& Em JW!► 9.1918 <br />-2 -92 - - - -- -- -- - <br />.rte <br />'i <br />t+ <br />I <br />