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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 Ak/d, and in such &veal,
<br />Beneficiary or Trustee shall give such notice of default and notice of sale as may be then required by law. Thoroaltor, upon the
<br />expiration of such time 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 sale, 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 America. Upon receipt of payment of the price bid, Trustee shall apply the
<br />proceeds In the following 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 -hall of one percent of the gross sale price, and reasonable attorney, fees. (it) to
<br />the Indebtedness, and (01) the excess, if any, to the person or persons legally entitled thereto.
<br />All costs and expenses incurred by Benaliciary In enforcing any right under this Dead of Trust Including without limitation, abstract or We
<br />fees, appraisal fees, premiums for title insurance, attomay fees and court coals, shall be and constitute Indebtedness secured hereby.
<br />27. Dudes of Trustee. Trustor agees that.•
<br />(a) Dudes and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trust" shall not be
<br />liable except for the performance of such duties and obligations as are specifically set forth herein, and no impked 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 />the performance of any of its duties hereunder, or In the exercise of any of Its rights or powers.
<br />(o) Trustee may consult with counsel of its own choosing and the advise of such counsel shall be full and complete authoriltallan 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 0 to be authorized or within its
<br />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 Trustor, either simllar 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 Beneficlary's option, prior to lull 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 S .- . 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 Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to Trustee.
<br />Trustee shall reconvey 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. Substitute 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 />Property, the Successor Trustee shall succeed to all title, power and duties conferred upon Trustee herein and by applicable law.
<br />32. Miscellaneous Rights of Beneficiary. Beneficiary may at any time and from time 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 tams of this Deed of Trust. Any personal properly remaining upon the Trust Property alter 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 don ^vlt 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. See Exhibit A for paragraph 34.
<br />IN WITNESS WHEREOF, this Deed of Trust has been duly executed "a by and year 1/rst abq� wrtADili./1
<br />STATE OF AZ8RASKA )
<br />COUNTY OF j
<br />la R. Rathbun
<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 their voluntary act and deed, and the voluntary act and
<br />deed of said corporation.
<br />WITNESS my hand and notarial seal on this the day and year last above written.
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<br />v TATS vC US�"�'wv�^
<br />)SS.
<br />COUNTY OF IaLL )
<br />On this --LL day of October _ , 19 –9k, before me, a notary public in and for said county, personally came Lynn R.- Rathbun
<br />and An +gig R. Rathbun �_ -.— _._ , 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 />(SEAL)
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