r-
<br />(d) Beneficiary may elect to cause the Trost Pmpeny or any part thereof to be sold under the power of sate, and in such event,
<br />Beneficiary or Trustee shop give such notice of default and notice of sale as may be then required by law. Thereafter, unon the
<br />expiration of such time and the giving of such notice of safe as may then be required by law. Trustee, at the time and place specified
<br />by the notice of sale, shelf 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 foilowing order. (i) to the cost and expenses of exercising the power of sale and of the sale, including but not limited
<br />to, mrstee s fees or not more than 5500.00 plus one-half of one percent of the gross safe price, and reasonable attorney fees, (ii) to
<br />the Indebtedness, and fdi) the excess, if any, to the person or persons legally entitled thereto.
<br />1 All costs and expenses incurred by Benetciary in enforcing any right under this Deed of Trust including without limitation, abstract or title
<br />_ Mes appraisal fees. premiums for trite insurance, attomey fees and court costs, shah be and constitute indebtedness secured hereby.
<br />ZT. Duties of Trustee. Trustor agess that
<br />!N (a) and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee shall not be
<br />1is liable except for Lire performance of such duties and obligations as are specifically set forth herein, and no implied covenants or
<br />(D obi SOMS shall be imposed upon Trustee,
<br />40 (b) No provisbn of this Deed of Trostshall require Trustee to expend or risk its own funds, or otherwise incur any financial obligation in
<br />Q the performance of any of its d{rt "hereunder, or in the exercise of any of its rights or powers.
<br />#,
<br />TNStee may C~ 2diII`.1. ult4&£ ofswtr. Ctxtll` �Pld :'A�"!D�zt�f`�?+�:,`.
<br />pmtecfaon In the res%;crliiekli reds ire. Lr �t:p?i; -; 'sir _ xyr: rrcr�: t'iatiar:.arr
<br />Tnrstee ahaii rrt t��L +`ryi ikvt zak9ti ilea s lrr good fUt'? *#ziy bee sL�r :t i�lGirlr. of within its
<br />discretion or rights depowers cdmUmd upon it by this Deed of gust
<br />'W28. 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 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 Truster. Such futuro 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 deemod 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 />39. Substitute trustee. Benef clOry, 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 Beneficianl. 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 />after or amend the terms of this Deed of Trust. Any personal property 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 safe, foreclosure, or under any deed in lieu
<br />of Trustee's sale or foreclosure, shall be conclusively presumed to have been ando by Trustor.
<br />33. Notice to Trustor. Trustor hereby requests that a copy of any notice of defau d no of sale made or executed by Trustee pursuant
<br />to the pmv5.�sr,, hereof be sent to i i ustgr at its mailing address forth h rnabov
<br />IN WITNESS- V�:�r Epscr -, lh-_- teed of Trust has bovin duty �,W d ay a ear firs ove written.
<br />i
<br />p.
<br />STATE OF NEBRASKA )
<br />COUNTY OF )
<br />On this day of 19 — , b. ;sOre 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 faagoing Deed of Trust and, -; nowlec'scs the execrr,on thereof to be their voluntary act and deed, and May voluntary act and
<br />deed of sald;Dwporadon.
<br />WITNESS my hand and notarial seal cn chis the day and year last above written.
<br />(SEAL)
<br />Notary Fud c
<br />My cammrsion expires
<br />STATE OF NEBRASKA )
<br />As
<br />coulurroF Adams )
<br />On this MCOrday of August i.3 � 3 �, . twore me, a notary public in and for s&V county, personally came Roy D. Detfars .
<br />and Hart'_ gaye DeHars,� hv��: t � arr.� wife known to ��re to be the identical persons who
<br />signed the fcregoing Deed of Trust and or'1A.rrtixuktdi;�:d ehe execution thereof t'a Lac 't-sr ✓� v- "ary act arc? cued.
<br />WITNESS try hand and notarial sea;;--p Mie day and year last above wr,;�;;,.
<br />(SEAL) I'l, 21
<br />K A. LJUN(iMN
<br />�
<br />awe. E* Ott 29. 1 11J
<br />IPA if
<br />f �-
<br />4a
<br />hm
<br />m
<br />x
<br />r
<br />
|