|
(o) Bey Wivymay elect to cause 9ne.Trast Properly or airy part thereof tO be sold under the power oof saJ181 A:;"V%t, `
<br />8erreiCiclary or trustee shave &e such notce of defaultand notice of sale as maybe then required by law. Thereaf ter, upon the
<br />evirawnofsuchtirtme arrd lib gi►ftotsuch+ notice of `sale as may then be required bylaw. Trustee. at the time and placeMwifred
<br />by ft notice of sab, shallseN,suctr Trust Property: or any part thwaot speeded by Beneficiary, at bublic auction to the highest
<br />b kkAir torcash kn ►awfd moray d the United Stalls dAmsdca. Upon receipt otpayment o tyre price bid, Trustee shah -apply ire
<br />proceedsbt the fol►owkp order. 0) to the cost and expenses ofexercdslng the powerof sale and of thesafe, including but not fimited
<br />to.'truetee's lbw or not more than $500! W plus one -half of one percent of the gross safe price, and reasonable attorney tees, (>t) to
<br />the kcdebtedness, acid (N) the excess, If any. to Me person or persons legally entitled unerero
<br />AN costs and expenses I ed by Beneficiary In enforcing any right under this deed of-Trust, including without limitation. abstract or ttb
<br />Bees, apprafsef fear, prar�ris brt* insurance, attorney fees and court costs, shall be and constitute indebtedness secured hereby.
<br />21. f7 Abs of Th atee Tmstor asses that
<br />--
<br />MIRMW fit+ tithes,#=, rot► vnursT7ee�ofTivstarrlttrusteesha ►lnotbe
<br />#a&% except for the peribrmanse of such duties and obligations as are specifically set forth herein, and no implied covenants or
<br />obkgations shay be imposed upon Trustee, .
<br />"(b) Abprovision of this Deed of Trust shah require Trustee to expend or risk its own funds, or otherwise incur any financial obligation In
<br />the perfformance of any of itsdutes hereunder, aria the exercise otany of its rights orpowers .
<br />(c) Tnrafee msy comdt with courmsel of ifs own choosing and the advise of such counsel shall be full and complete sutho*agon and
<br />protactron in tfre respect of any scion taken or suffered by it hereunder in good faith and reliance thereon, and -
<br />;. " (d) Trustee shall not be Nabfe for any action taken by It in good faith and reasonably believed by it to be authorized or within Its
<br />discrelfon or rights or powers conferred upon it by this Deed of Trust
<br />28 Security Agreement and Fa Flfihg: This Geed of Trust shelf oorrstmrte a securityagreementand fixture flung under the provisions of
<br />Me Nebraska UnNorm Commercial Code with respect to those fixtures described In the preambles hereof as constitudng a part of the
<br />- Tryst Pmpeny, together wrifn Mother property of Trustor, eu�mers7milar ordlssfmifarto the same,'now "hereafter located at or on the
<br />Taw Property.
<br />29 Future Advances. Upon request of Trustor. Beneficiary, at Beneficiary's option, prior to fup reconveyance of the Trust Property by
<br />Trustee to Trstor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of
<br />Trust At no time shelf the principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect .
<br />tine security, exceed the totatsum oft . Advances of disbursements made by Beneficiary to protect the security,
<br />under ft terms hereof, while discreffonary, shalt not be deemed to be optional advances.
<br />30. Reconvoyance. Upon payment of ae indebtedness secured by this Deed of Trust. Beneficiary shalt request,Trustee to reconvey the -
<br />Trost Property and shall surrender this Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to Trustee.
<br />Tmstee shall reeonvey the Trust Property without warranty and without charge to the person or persons legally entitled thereto. Such
<br />person or persons shall pay all costs of recordation, if any.
<br />31. Subsftdte 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 />gaper ►, file successs�r Tri stae shail�udcead
<br />toattabe,-powerand dudes conferred•upon Thareeheawandbyapplicabia law=
<br />32. Miscellaneous Rights of Beneficiary. Beneficiary may at any time and from lime 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 />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 />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 heretnabove
<br />IN WITNESS WHEREOF, this Deed of Trust has been duly executed the day and year fie written. n
<br />STATE OF NEBRASKA )
<br />• )ss.
<br />COUNTY OF )
<br />L. Nolan
<br />On this day of , 19 —, before 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 acknowledged the execution thereof to be them voluntary' act and deed, and the voluntary act and
<br />dead of said corporation.
<br />WITNESS my hand and notarial seal on this the day and year last above written.
<br />(SEAL)
<br />STATE OF NEBRASKA )
<br />COUNTY OF HALL jss
<br />Nomy pualrc
<br />uy comimssion eviros.
<br />V
<br />On this 3D__ day of , 19 90 , before me, a notary public in and for said county, personally came James D. Nolan,
<br />.
<br />and vebis3c L. Nolan , 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 hand and notarial seal on this the day and year last above written. '
<br />ME
<br />AL) -- = -
<br />t OUMAXW��'
<br />Notary Pubic
<br />IAy Comm ssjon a (Aces
<br />t�
<br />II
<br />
|