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r <br />r— <br />(d) Beneficiary may elect to causo the Trust Property or any part.thargot to be sold under the power of sale, and in such event, <br />Beneficiary or Trustee shall give such notice of default and notrp:l qt sale as may be then required by law. Thereafter, upon the <br />arpirnhon M such time and the giving of such rivtice of sale as slay then be required by law. Trustee, at the time and place specified <br />by the notice of safe, shall sell such Trust Property. or any par thereof specified by Benobciary, at pubfiC auction to the highest <br />bidder for Cash ur lawful money of the United States of America. Upon recslpt of payment of tho 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 I mated <br />to, trustee's tees or not more than $500 00 plus one-half of olip percent of the gross sane price. and reasonable attorney tees, (u) to <br />the Indebtedness, and (iii) the excess, if any, to the person at 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 tees, premiums for title insurance,, attorney tees and court costs. shall be and constitute indebtedness secured hereby. <br />Co 27. Duties of Trustee. Trustor agees that. <br />W(a) Duties and obligations of Tn►stee shall be determined solely by the express provisions of this Deed of Trost and Trustee shall not be <br />liable except for the performance of such dullea and obligations as are specifically set forth herein, and no implied covenants or <br />Cq obligations shall be imposed upon Trustee, <br />0 (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 9uefoise of any of its rights or powers. <br />' (c) Trustee may consult with counsel pt its own choosing and tho advise of such counsel shall be full and complete authorization and <br />protection in the respect of any action. taken or suffered by it hereunder in good faith and reliance thereon, and <br />(d) Trustee shag not be liable for any action, taken, bjr it in good faith and reasonably believed by it to be authorized or within its <br />discretion or rights or powers conferred upon If by this Deed of Trust. <br />--28. Security Agreement and Fixture Filing.. This Deed of Trust shall constitute a; security agree.mezt and fixture filing under the provisions of <br />Me Nebraska Uniform Commercial Cade with, respect to those fixtures described in the preambles he,-eof as constituting a part of the <br />Trust Property, together with all other proper4cof Truster, either similar or dissimilar to the same. now o,, hereafter located at or on the <br />Trust Property. <br />29 Future Advances. Upon request of Trustor. Beriefr&arn, ?ts Beneficiary's option, prior to full reconYepa-nce of the Trust Property by <br />Trustee to '>'rustor, may make future advances to Tru; fir. Such future advances, with interest therms, emit be secured by this Deed of <br />Trust. At no time shall the principal amount of the lndobtedness secured by this Deed of Trust. not inauc'ing sums advanced to protect <br />Me security. exceed the total sum of S —... Ao!ma^rces of disbursements made, by Bereh ary to protect the security. <br />under the terms hereof, while discretionary, shall not be deerm- to be optional advances. <br />30. Reconveyance. Upon payment of all Indebtedness .secured by this Deed of Trust. Beneficiary shalt request Trustee to reconvey the <br />Trust Property and shall surrender this Deed of True and all notes evidencing Indebtedness secured by this Deed of Trust to Trustee. <br />Trustee shall, reconvey aye Trust Property without warranty and without charge to the person or persons legally entitled thereto. Such <br />person or persons shall pay all costs r_f recordation, if any. <br />31. Substitute Trustee. Beneficiary, a" sty aptron, may from time to time remove Trustee and apgof ?t a Successor Trustee to any Trustee <br />appointed hereunder by an instrumnt'recorded rrs tl ie county in which this Deed of Trustis recorded. W.rhout conveyance of the Trust <br />Property, the Successor %stee sltialiit 5Tucceed to .aY.W tfe. power and duties conferred upon Trustee hvzon and by applicable law. <br />32 Miscellaneous Rights of Beneficiary., Q'eneficiary may at any time and from V ne to time. wiatzGLt notice. caz sent to the making of any <br />plat of the 'TfuSt Property or the crea -**n of any easement thereon or any covenants restricu tv use or occupancy thereof or agree to <br />alter or amend the terms of this Deed of Trust. Any personal property rema!ruttg upon thg Truss Property after the Trust Property has <br />Preen possessed or occupied by Beneficiary, its agent or any p+.:rc,haser 164bWrng Trustee: si sale, foreclosure, or under any deed in lieu <br />of Trustee's sale or foreclosure, shall be conclusively presumed to have beer abandoned by Trustor. <br />s_ _z_ Jane to Trustor. Trustor hereby rea is that a copv of anv notice of defaub.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 hereiriabove. <br />IN :•11TN.ESS :MMEPEOF, this D---d of Trust has been duly executed the clay and yaor Grct aboura written. ,,7 <br />STATE OF NEBRASKA <br />COUNTY OF — <br />) <br />)ss <br />) <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 ies ,-,cal persons who <br />signed the foregoing Deed of trust and acknowledged f2?@ 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 4P� this the day and year last above written. <br />(SEAL) <br />-#ovary Pur .x <br />canm.ssron e%tes <br />STATE OF NEBRASKA ) <br />)ss. <br />COUNTY OF SHALL ) <br />On thus 26 day of May "f9 89 . before me. a notary public in and for said county, personally M. Graus <br />and 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 .1-1 7 <br />(SEAL) <br />j) 7 <br />41T, <br />_J <br />