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<br />89- 102353
<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 maybe then required bylaw. 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 sale, shall sell such Trust Property, or any pan 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 costand expenses of exercising the power of sale and of the sale, including but not limited
<br />to, trustee's fees or not more than $600.00 plus one-half of one percent of the gross sale price, and reasonable. attorney fees. (ii) to
<br />r the indebtedness, and (di) the excess, if any, to the person or persons legally entitled thereto.
<br />j
<br />All costs and expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title
<br />fees, appraisal fees, premiums for title insurance, atlomey fees and court costs, shall 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 art 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 />(c) Trustee may consult with counsel of its own choosing and the advise of such counsel shall be fu11 and complete authorization and
<br />protection in the respect of any action taken or suffered by d hereunder it . good faith and reliance thereon, and
<br />(d) Trustee shall not be liable for any action taker* by it in good faith and masorrably believed by it to be authorized or within its
<br />discretion or rights or powers conferred uponnit by this Deed of Trust. '
<br />28. Security Agreement and Fixture Filing. This Deed of Trust shall constitute a security agnaement and fixture riling under the provisions of
<br />the Nebraska Uniform Commerciat, Code with respect to those fixtures described !r, the preambles hereof as constituting a part of the
<br />Trust Property, together with all alter property of Trustor, either similar or dissimilar to the same, now or hereafter located at or on the
<br />Trust Property.
<br />29. Future Advances. Upon request cf Trustor. Beneficiary, at Beneficiary's option, prior to 1411 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 $ . Advances of disbursements made by Beneficiary to protect the security,
<br />under the terms hergof, while discratfonaty,. shall not be deemed to be optional advances.
<br />30.' Reconveyance. Vpnn payment of all Indebtedness secured by this Deed .of Trust, Beneficiary shall request Trustee to recondey the
<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 chargp- re tine person or persons legally entitled thereto. Such
<br />person or persons shall pay all. costs of recordation, if any.
<br />31. Substitute Trustee. Beneficiary, at its optian,,mgy from time to time remove Trustee and appoint a Successor Trustee to any Trustee
<br />appointed hereunderby an instrument recorde-1 in the county in 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 applicable law.
<br />32. Miscellaneous Rights of Benefielwy. Beneficiary may at any time and'fiom time to tine, without notice, consent to the making of any,
<br />plat of the Trust Property or the c; eaann of any easement thereon or any covenants restricting use or occupancy mereof or agree to
<br />after or amend the terms of this Deed of Trusr. Any personal property remaining uaon.the Trust Property after the Trust Property 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 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 noesce of sale made or executed by Trustee pursuant
<br />to the provisions hereof be sent %: is ustor at its mailing address set forth hereinabe ve_
<br />— - — IN WITNESS WHEREOF this Deed of Trust has been duly executed the day an!ygear firgt above written.
<br />STATE OF NEBRASKA t �° " " ' N rp L.
<br />COUNTYOF
<br />On this day of 19 _ , before me, a notary public in and for s::n `=nty, personally came
<br />and
<br />of Lnomi la me to be the identical persons who
<br />signed the foregoing Deed of Trust and acknorv;e Y,ed the execution thereof to be ;,7&.r vo., 4 arr- acr m( deed, and the voluntary act and
<br />deed of said corporation.
<br />WITNESS my hand and notarial seal an ;his the dad and year ;-,;;sr above written.
<br />(SEAL)
<br />Notary Autme _._._..�..—
<br />comm,ss,on p„ pros
<br />STATE OF NEBRASKA )
<br />COUNTY OF HALL
<br />)ss.
<br />On this _ day of - MaJD _ , 19 89 before me, a notary public in and for said county, personally came Larry J. Eastwood
<br />and Mary L. Eastwood _ _ _ _ _ known to me to be the identical persons who
<br />signed the foregoing Deed of Trust and acknowlcdged the execution thereof to be their voluntary act and deed.
<br />WITNESS my hand and notarial seal on this the day and year last above written.
<br />i�
<br />(SEAL)
<br />L - c-
<br />crew I�TAAY.34R of Mrs
<br />CAROLINE H. 119Ep !
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