|
<br />
<br />
<br />
<br />
<br />
<br /> ..LJf.1C~R!
<br /> (d) Beneficiary mey elect to cause the Trust Property or nay part thereof to be sender trn3 r.:: -r• of sale, ahd in such event,
<br /> Beneficiary or Trustee shall give Pich notice of defaaft and notice of sale as may be ffmn requilrn' law. Thereafter, upon the
<br /> expiration of such time and the giving of such notice of sale as may then be required by law. Trustee, si,rR time and place specified
<br /> by 1 ho notice of sale, shall sell such Trust Property, or any part thereof specified by Beneficiary, at public aLY n to the highest
<br /> bidder for cash in lawful money of the United States of Ama 'ca. Upon receipt of payment of the price bid. Trusie p c:N811 apply the
<br /> proceeds in the following order. (i) to the cost and expenses at exercising the power of sale and of the sale, including i,L" not limited
<br /> to, trustee's fees or,-- more than SS00.00 plus one-half of one percent of the gross sale price, and reasonable attorney foss, 111) to
<br /> the Indebtedness, and (iii) tits excess, i' any, to the person or person-: regally entitled thereto.
<br /> All costs and expenses incurred by Beneficiary .'n enforcing any rlpht under this Doted of Trust, including without frmitatfon, abstract or Me
<br /> fees, epp,relcal fees, premiums for title insurance, attu-rev feet and court casts. shall be and constitute Indebtedness secured hereby.
<br /> 27. Duties of Trustee. Trustor agees than
<br /> (a) Duties and obligations of Trustee shall be determined sorely t+,v the express provisions of this Deed of Trust and Trustee shall not be
<br /> liable except for the performance of sitch duties and obligations as are specfflcaify set hatch hatch, and no implied covenants or
<br /> obligations shall be imposed :;trout Trustee,
<br /> (b) No provision of this Deed of Trust shelf require Trustee to expend or risk Its own hinds, or otherwise Incur any finandal obligation In
<br /> the 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 of its own choosing and 0e advise of such counsel shall be W and complete outftorfzaftn and
<br /> protection in the respect of any action taken or suffered by It hereunder In good faith and reNence thereon, and
<br /> (d) Trustee shall not be liable for any action taken by It In good far h and reasonably beaeved by it to be authorized or *1"n Its
<br /> discretion or rights or powers conferred upon it by this Deed of Trwt,
<br /> 28. Security Agreement and Fixture Filing. This Deed of trust shalt constitute a security agreement and fixture filing under the provisions of
<br /> the Nebraska Un,'form Commercial Code with respect to those Ifxtttres described hn the preambles hereof as constituting a part of the
<br /> Trust Property, together with all other Property of Trustor, eNther slmttar or disskMlar to lira sm-te, now or hereaRer 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, rut the Trust Property by
<br /> Trustee to Trustor, may make future advances to Tristor. Such future advances, with interest thereon, shawl be secured by this Deed of
<br /> Trust. At no time shalt the principal amount of~ in btedness secured by this Deed of Trust: not including sums advanced to protect
<br /> the security, exceed the total sum of $ _ 97 , 500. Advances of disbursements made by Beneffdary to protect the secL;dly,
<br /> under the terms hereof, while discretionary, shall not be doomed to be optional advances.
<br /> j 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 /> parson or persons shall pay all costs of recordation, if any.
<br /> 31. Substitute Trustee. Beneficiary, of its option, may tr." Lima 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 DY3ed of Trust is recorded. Wtb'Ax t 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 terms of this Deed of Trust. Any personal propertl remaining upon the Trust Property after the Trust Property has
<br /> been possessed or occupied by Beneficiary, its agent or any purchaser hollowing Trustee's sale, foreclosure, or tinder 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 ncdca of default and notice of sale made or executed by Trustee pursuant
<br /> to the provisions hereof be sent to Trustor at its mailing addirss set forth hereinabove.
<br /> IN WITNESS WHEREOF, this Deed of Trust has been duty extyutad the day and year first above written.
<br /> HOO BROTHERS, C.
<br /> STATE OF NEBRASKA ) Kirk W. Hooker, President
<br /> )ss.
<br /> COUNTY OF Hall )
<br /> On this ?g . da;, of December 19 -1-3, before me, a notary public in and for said county, personally came Kirk W. Hooker
<br /> .r and of _Hooker Brothers, Inc. known to me to be the identical persons who
<br /> signed the foregoing peed of Trost 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.
<br /> (SEAL) ~ ~Ibl
<br /> MRAf61► Y@►<lIl9~IL~'^~ A
<br /> 1~ hww.1* Not 1, 1311 Wonvy Ai°r`
<br /> nnZ. Aq -7
<br /> STATE OF NEBRASKA )
<br /> )ss.
<br /> COUNTY OF )
<br /> On this day of 19 before me, a notary public in and for said county, personally came
<br /> and known to me to be the identical parsons who
<br /> signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act and deed.
<br /> WITNESS my hard and notarial seal on this the day and year last above written.
<br /> (SEAL.)
<br /> ~Y [a-.rns,m eapvss-
<br />
|