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<br />87- 10729::1
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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 Trustge shall give such notice of default and notice of sale as may be then required by law, Therealter, 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: (i) to the cost anl.! 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 forth herein, and no implied 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 oIVn 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 counset 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 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 filmg 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 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 ev,dencing Indebtedness secured by this Deed of Trust to Trustee,
<br />Trustee shall reconvey the Trust Property IWtllOUt warranty and w,thout charge to the person or persons legally entitled thereto, Such
<br />person or persons shall pay all costs of recordatIOn, " any,
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<br />31, Substitute Trustee, Beneficiary, at ,ts option, may fronl time to time remove Trustee and appoint a Successor Trustee to any Trustee
<br />appointed hereunder by an mstrument recorded m the county m 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 BeneficlBf}' Bene!Jclary 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 at 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 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 default 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. i
<br />IN WITNESS WHEREOF, thiS Deed 01 Trust has been duty executed the ay and year first above Iwitte "
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<br />STATE OF NEBRASKA
<br />COUNTY OF
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<br />)ss,
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<br />On this _ day of , 19 _ . before me. a notary pubiic m and for said county, personally came
<br />, and
<br />of ' known to me to be the identical persons wh~
<br />signed the foregoing Deed of Trust and acknowtedged the execution thereot to be their voluntary act and deed. and the voluntary act and
<br />deed of said corporation,
<br />WITNESS my hand and notarial seat on thiS the day and year last above wl/tten.
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<br />(SEAL)
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<br />M, CO-n-nISSon e'Pt'P5
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<br />STATE OF NEBRASKA
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<br />COUNTY OF
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<br />HALL
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<br />)ss,
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<br />On this.1l- day of December , 19.J!Z, before me, a notary publiC m and for said county. personally came Xle,tc~er T. Shi~lds
<br />and Sally A. Shields , 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, /
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