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(di Beneficiary may elect to cause the Trust Proporty or any part thereof to be sold under tho pm%(ir o► sale, and to such event. <br />Beneficiary or Trustee shall give such notice of default and notice of sale as may be then rtiquired by law Thereafter, upon the <br />expiration of such time and the giving of such notice of salt) as may then bo required by laiv, Trustee. at the time and place specified <br />by tho not re (it sale, shall sell such Trust Property, or any part therenf specified by Aenefii ory, at public auction to the highest <br />bidder for cash to lawful money of the tinned States of America Upon reretpt of payment of the price bid. Trustee shall apply the <br />proceeds to the following order, (p to the cost and expenses of merestng 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 sale price, and reasonable attorney fees. (n) to <br />the indebtedness, and (ni) the excess, it any, to the person or persons legally entitled thereto <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, attorney fees and court costs, shalt bs 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 />10 liable except for the performance of such duties and obligations as are specifically set forth herein, and no implied covenants or <br />QD obligations shall be imposed upon Trustee. <br />Cj (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 />0 the performance of any of its duties hereunder, or to 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 full and complete authorization and <br />protection in the respect of any action taken cr suffered by it hereunder in good faith and reliance thereon, and <br />07 (d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within its <br />Go discretion or rights or powers conferred upon it by this Deed of Trust. <br />28. 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 part of the <br />Trust Property, together with all other property of T^ustur either similar or dissimilar to the same, now or hereafter located at or on the <br />Trust Property. <br />29. Future Advances. Upon 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 $ . Advances of disbursements made by Beneficiary to protect the security, <br />under the terms hereof, while discretionary, shall 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 tom. <br />Trust Property and shall surrender this Deed of Trust and a)1 rues evidencing Indebtedness secured by this Dead of Trust to Tr4:cW <br />Trustee shall reconvey the Trust Property without warranty arrC without charge to the person or persons legally ev ffed thereto. Stich <br />perso:r or persons shad pay all costs of recordation, if any. <br />31. Substiflthrf Trustee. Serroltclary, at its option, may from rime to time remove Trustee and! appoint a Successor Trustee to any Tni�ee <br />appointed hereunder by an instrument recorded in they ccvrr:y in which this Deed of Try c -is recorded. Without conveyance ct die Trust <br />Property. the Successor Trustee shall succeed tai &� Wqe.. power and duties conferred upcn'Trustee herein and by applicable law. <br />32. Miscellaneous Rights of Beneficiary. Benettc,arf tray at any time and from time to time, without natice, consent to the making of any <br />plat of the Trust Propgriy or the creation of any, easement thereon or any covenants restricting use cnraccupancy thereof or agree to <br />after or amend the terms of this Deed of Trust. Any personal property remamng 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 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 notice of sale made or executed by Trustee pursuant <br />to tine provisions herevi be seat iv Trustor at its maiiing address set forth hervinabove. <br />iN WITNFSS WHfRFOF, this Deed of Trust has been duly executed thta tiny 2nd ywar first ahnvp written. <br />,�•�- ��".r�r.. 1. �...�� . <br />-ti - <br />Dorothy H. Graus <br />STATE OF NEBRASKA <br />!ss <br />COUNTY OF ) <br />On this day o` 19 .— . before me, a notary public tn, and for said county, personally came <br />and <br />of known to me to be the identical persons who <br />signed the lomggr 7g teed of Trust and acknowledged the execunor, thereof to be their voluntary act and deed, and the va'antary act and <br />deed of said c;o:poratt'on <br />WITNESS my hand and nvarial seat on this the day and, yea- ;ast above written. <br />(SEAL) <br />Norary PbNc <br />My comaass.on efpves <br />STATE OF NEBRASKA` 6 <br />Ms. <br />COUNTY OF HALL f <br />On this 2 tv day of May *9 89 , before me, a.nq!ary public in and for said.county. personally came U��kiy H. GrauA <br />and � ,_ � , known to me to be the rdertical persons whc , <br />signed the foregoing Deed of Trust and acknowledged the exey;uton thereof to be their voluntary act and deed. <br />WITNESS my hand and notarial seal on this the day and year last above wri7ten.. <br />(SEAL) <br />CCAROLINP 1t�,,�,`- H. L>EV <br />rl, • ., .. _ . nil, .,,i t� <br />R+ <br />