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<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 />BenMichtry or Trustee shalt give such notice of default and notice of sale as may be then required by law. Thereafter, upon the
<br />expiration of such time and the giving of such notice of sale as may then be required by law. Trustav, at tho time and place specified
<br />by the nonce of sale, shall sell such Trust Property, or any part thereof specilied by Beneficiary. at public auction to the highest
<br />bidder for cash to 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: (r) to the cost and expenses of exercising the power of sale and of the sale, including but not limited
<br />to, trustee's fees or not more than S500.00 plus one-half of one percent of the gross sale price, and reasonable attorney fees, (6) to
<br />the Indebtedness, and (tit) the excess, it any, to the person or persons legally entitlod 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 fees and court casts, 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 are 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 />Me 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 ol.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 or suffered by it hereunder in good faith and reliance thereon, and
<br />(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 />discretion or tights or powers conferred upon it by this Deed of Trust.
<br />28. Security Agreement and Fixture Filing. This Deed of Trurzf shall constitute a security agreement and fixture filing under the provisions of
<br />Me 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 properly :0 T. ustar, either similar or dissimilar to the same. now or hereafter located at or on the
<br />Trust Property.
<br />29. Future Advances. Upon, pYguest of Trusser. 8 at Beneficiary's option, pvxv to Wit reconvoyance of the Trust property by
<br />Trustee to Trustor, may rinks future advances tt? Fru$irrr. Such future advances, -wkft, interest thereon, shall, be secaxV�oby this Deed of
<br />Trust. At no time shaft the p arcipal amount of the Indebtedness secured by this Mqd of Trust, not incluq'tng ;c:,s'I'dVanced to prcn`rsct
<br />the security., exceed the fxi;al sum of $ Advances o! disburseitents made by BenefiCi81)4 ?�� qtr �! seculit ; .
<br />under the to ,..5liereof. while discretionary, shall not be deemed to be optional advances.
<br />30. Reconveyewe _upon p4Karent of all indebtedness secured by this Deed of Trust. Beneficiary shall reques+irustee (p) convey the
<br />Trust Property ;sod �t.0 Surrender this Deed of Trust and all notes evidencing Indebtedness secured by rims Deed of trust to Trustee.
<br />Trustee shalt eecc, nvet( me+ Trust Property without warranty and without charge. to the person or persons legally entitled thereto. Such
<br />person or Pe7soc^s $)K0 pay all costs of recordation, it any.
<br />31. Substitute I r.mVe. Seri ft- Airy. at its option, may from time to time remove Trustee and appoint a Successor Trustee to any Trustee
<br />appointed hereunder.byi t7t.k instrument recorded to the county to which this Deed of Trust is recorded. Without conveyance of the Trust
<br />Property, the Successor Tru ,Iee shall succeed to all title, power and duties conferred upon Trustee herein and by applicable law.
<br />32, Aftceltaneous Rights of 8w,,eficiary. Beneficiary may. at any time and from time tmttme, without notice, consent to the making of any
<br />plat of the Trust Probeny „�x M, a creation of any easement thereon or any cover?artts restricting use or occupancy thereof or agree to
<br />alter or amend the terms cf this Deed of Trust. Any personal property remaining upon the Trust Property aftei the Trust Property has
<br />been possessed or occupied by Beneficiary. its agent or any purchaser following Trustee's sate, foreclosure, or under•any deed in lieu
<br />of Trustee's sole or fonec /rJSure, shall be conclusively presumed to have been abandoned by Trustor.
<br />33. Novice 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 hereinabove.
<br />IN WITNESS WHEREOF. this Deed of Trust has been duty executed the day and year first above written
<br />AURTIMR
<br />– BY ' -- Q -
<br />STATE OFNEBRASKA ) David A. Vace , President
<br />'
<br />COUNTY OF HALL )ss. 1
<br />Orr !ilia �Z day hf TAN C_- 19� . before me, a notary public in and for said county, personaflyr' came David A. Vacek,
<br />and
<br />of heartland A ri Supply. Inc. _ _ _ __ - -_ _ , known to me to be the identical persons who
<br />slgrred the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act and deed. and the voluntary act and
<br />-deed of said corporation.
<br />Wi.TNESS my hand and notarial seal on this the day and year last above written
<br />ie �IF-so of Mrals !roar PuCr c IM E 3M111
<br />21. 190
<br />- - ft� tGm++4fx:rr OrprrJS �- .
<br />STATE OF NEBRASKA )
<br />)ss.
<br />V' COUNTY OF _ )
<br />On this day of 19 _ _ , before me, a notary public to and for said county, personally came _
<br />ind . _ —. —_ —_— .____— _____ _ , known to me to be the identical persons who
<br />agned tho forogoine Deed of Trust and acknowledged the execution thereof to be their voluntary act and deed.
<br />WMVESS .my harW and notayiy seal on this the day and year last above written.
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