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<br />87-10721A
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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 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 s;:ecified 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: (i) 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 $500.00 plus one,half of one percent of the gross sale price, and reasonable attorney fees, (ii) to
<br />the Indebtedness, and (iii) the excess, if any, to the person or persons legally entitled 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 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) 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 fonh herein, and no implied covenants or
<br />obligations shaff 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 />(c) Trustee may consult with counsel of 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 rights or powers confe"ed upon it by this Deed of T:ust.
<br />28. Security Agreement and Fixture Filing. This Deed of Trust shalf 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 Beneficiat}'s option. prior to full reconve)'ance 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 shalf 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 $ non... , Advances of disbursements made by Beneficiary to protect the security,
<br />under the terms hereof, while discretionary, shall not be deemed to be op!ional advances.
<br />30. Reconveyance. Upon payment of al/ fndebtedness secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the
<br />Trust Property and shall su"ender this Deed of Trust and all notes evidencing fndebtedness secmed by this Deed of Trust to Trustee,
<br />Trustee shalf 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. il any,
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<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 I\'hieh this Deed of Trust is recorded, Without conveyance of the Trust
<br />Property, the Successor Trustee shall succeed to al/ title, power and duties conferred upon Trustee herein and by applicable law.
<br />32. Misceflaneous Rights of Beneficiary. Beneficiary may al any time and flom time to time, without notice, coosent 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 property remaining upon the Trust Property after the Trust Propert), 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 default and nolice of sale made (N executed by Trustee pursuant
<br />to the provisions hereof be sent to Trustor at its mailmg address set fOIfh hereinalx}\'e.
<br />IN WITNESS WHEREOF, this Deed of Trust has been duly execut the day and yea~ first a..11O~e wn'tten.
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<br />: 1-' c......,) )'[.1 r j>J", t. <1-'
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<br />Doris E. Rickus
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<br />STATE OF NEBRASKA
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<br />)$5,
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<br />COUNTY OF HAlT
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<br />On this .l1..thda)' of DpN'mnPT . 19 -82., before me. a notary public in and for said county. pelsooally came
<br />,and
<br />of , knc)\vn to me to be the identical persons who
<br />signed the foreg~ng Deed of Trust and acknowledged the execution thereof to be theil voluntary act and deed. and the voluntary act and
<br />deed of said corporation.
<br />WITNESS my hand and notarial seal on this the day and year last above written.
<br />
<br />(SEAL)
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<br />u. CO~'Y1e.....~"'e'$
<br />
<br />STATE OF NEBRASKA
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<br />
<br />COUNTY OF
<br />
<br />HALL
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<br />On this l.1.thday of nprP1TlnPT ,19 -82.. before me. a notary public in and for saId county. personally canle ,
<br />.... Dori~ F. RiC'kll~. ~ ..inglp pPT..nn ,known tome to be the identical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution theleof to be their voluntary act and deed,
<br />WITNESS my hand and notarial seal on this the day and year last abo\'e writlen,
<br />
<br />(SEAL)
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