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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 />Beneficiary or Trustee shall give such notice of default and notice of sale as may be then required by law Thereafter, upon the
<br />expiration of such urns 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 safe, shall sell such Trust Property, or any part thereof specified by Beneficiary, at public auction to the highest
<br />bidder for cash in lawful money of the United States of Amenca Upon receipt of payment of the price bid, Trustee shall apply the
<br />proceeds in the ibllowing order: (1) 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 5500.00 plus one-half of one percent of the gross sale price, and reasonable attorney fees, (u) to
<br />the Indebtedness. and (Ill) the excess, if any, to the person or persons legally entitled thereto.
<br />AM costs and expenses Incurred by Benelklary in enforcing any right under this Deed of Trust, including without Imitation, abstract or title
<br />Am. appraisal fees, premiums for title Insurance, attorney fees and court costs, shall be and constitute Indebtedness secured hereby.
<br />27. Duties of Trustee. Trustor agees that:
<br />(a) Dudes and obilgetkans of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee shag 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 />�r• (b) No provision of this Dead of Trust shall require Trustee to expand or risk its own funds, or otherwise incur any financial obligation in
<br />O the performance of any of Its duties hereunder, or in the exercise of any of its rights or powers.
<br />(c) Towtee may consult with counsel of its own choosing and the advise of such counsel shall be full and complete authorization and
<br />ilena►aclion In the respect of any action taken or suffered by it hereunder in good faith and reliance thereon, and
<br />OWN (d) i risNe shaft not be liable for any action taken by it in good talth and reasonably believed by it to be authorized or within its
<br />O disoredort or eights or powers conferred upon it by this Deed of Trust.
<br />"r" 1 28, Seicuriry Agmoment and Fixture Filing. This Deed of Trust shall constitute a security agreement and fixture filing under the provisions of
<br />the Nebraska V.*r✓ rn Commercial Code with respect to those fixtures described in the preambles hereof as constituting a part of the
<br />Trust Property, together wadi all other property of Truster, either similar or dissimilar to the same, now or hereafter located at or on the
<br />Trust Property.
<br />r� 29. Future Advances L!von regz wst 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 Truster- Such future advances, with interest thereon, shall be secured by this Deed of
<br />Trust. At no tom') shall the principal amount of the Indebtedness secured by this Deed of Trust, not including sums advanced to protect
<br />Me security, exceed the total sum of S I - 000,000 - 00 . 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 the
<br />Trust Property and shall surrender this 64+ae of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to Trustee
<br />Trustee shall reconvey the Trust Propertl; ,v. „hout warranty and without charge to the person or persons legally entitled thereto. Such
<br />im- son or persons sha# pay ah costs of recordahun, if any
<br />31. Sazwdtute Trustee. Beneficiary•, of its option, may from vrr,e to time remove Trustee w d appoint a Succoss,�v rrustee to any Trustee
<br />appointed hereunder by an instrument recorded in the county in which this Geed (.r! ' _•vrst is recorded Y4!•Anx a onveyance of the l s r
<br />Property, the Soccessor Trustee shall succeed to all titre. power and duties confer -1 >d upon Trustee hereir and by Bruit able law.
<br />32. Miscellaneous Aghts of Beneficiary. Bertoliclary may at any time anc from time to time, wife mw nonce, consent to thki nnjwkrs of any
<br />plat of the Truss Properly or the creation ci7 any easement thereon or any covenants restricting ase or occupancy Memo: err agree to
<br />after or amend the terms of this Deed of Trust Any a •s oral property remaining upon the Trust Property after the Trust Property has
<br />been possessed or occupied by Beneficiary its ages: a:• any purchaser following Trustee's sale. foreclosure, or under any deed in lieu
<br />of Trustee's sale or foreclosure, shall be ewitisively presumed to have been abandoned by Trustor.
<br />33. Notice to Trustor. Trustor hereby requests; , tat a copy of any notice of default and nonce of sale made or executed by Trustee pursuant
<br />to the provisions howl be sent to Trustor at its mailing address set forth hereinabove
<br />W WITNESS WHEREOF, this Deed of Trust has been duly executed the day and ye irst above wnttenn
<br />jell jW 4—tra
<br />- - - edda T L. Mcff niiI3/Sec.
<br />S TATE OFNEBRASK,, ) Donald C. McDonald Vice Pres /Tress.
<br />)ss.
<br />COUNTY OF HALL 1
<br />On this L24hjay of April — . 19 III, before me, a notary public in and for said court .personally came _ Rand aI I -1— Magna 1d
<br />�iSS,ff�f�; rQ g ° •- ___ -. and Dnnnld r- M Or —��nni dd -.- �.— — _ ,111”. -P tesidenij- Treasuzes - -- .
<br />Of —1 -UX1nA 1 d FAr+a _ ts,C _. _ . -_. _ - .. _.. _ . , known tome tr )P the identical persons wnn
<br />signed 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 corporaVan.
<br />WITNESS my have and notarial seal on this the day and year last above written
<br />(SEAL.i)
<br />STATE OF NEBRASKA
<br />COUNTY OF _
<br />1
<br />AS
<br />CHROM r'fYf•3f� d �tatla�
<br />IL OLCO 1
<br />On this — day of _.__ _ .19 before me, a notary public in eirw for said county. personally Carrie
<br />avid _ known to me to tie the - awn&:alpersona who
<br />Signed the foregoing Deed '.J T'nlTt and acknowledged the execution thereof to re —Nor vvlunrary dcr .end deed
<br />WITNESS my hand Slid natiuia+ seal on this the day and year lest above written
<br />(SEAL)
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