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<br />87- 10'140R <br /> <br />I <br /> <br />(c) Trustee may consult with counsel of its own choosing and the <br />advise of such counsel shall be full and complete authoriza- <br />tion and protection in the respect of any action taken or <br />suffered by it hereunder in good faith and reliance thereon, <br />and <br /> <br /> <br />(d) Trustee shall not be liable for any action taken by it 'in <br />good faith and reasonably believed by it to be authorized or <br />within its discretion or rights or powers conferred upon it <br />by this Deed of Trust. <br /> <br />28. Securit A reement and Fixture Filin. This Deed of Trust shall <br />constItute a securIty agreement an fixture filing under the <br />provisions of the Nebraska Uniform Commercial Code' with respect <br />to those fixtures described in the preambles hereof as constitu- <br />ting a part of the Trust Property, together with all other <br />property of Trustor, either similar or dissimilar to the same, <br />now or hereafter located at or on the Trust Property. <br /> <br /> <br />29. Future Advances. Upon request of Trustor, Beneficiary, at Bene~ <br />ficiary's optIon, prior to full reconveyance of the Trust Prop- <br />erty by Trustee to Trustor, may make future advances to Trustor. <br />Such future advances, with interest thereon, shall be secured by <br />this Deed of Trust. At no time shall the principal amount of the <br />Indebtedness secured by this Deed of Trust, not including sums <br />advanced to protect the security, exceed the total sum of <br />$5,000.00. Advances of disbursements made by Bene ficiary to <br />protect the securi ty, under the terms hereof, while discretion- <br />ary, shall not be deemed to be optional advances. <br /> <br />30. Reconveyance. Upon payment of all Indebtedness secured by this <br />Deed of Trust, Beneficiary shall request Trustee to reconvey the <br />Trust Property and shall surrender this Deed of Trust and all <br />notes evidencing Indebtedness secured by this Deed of Trust to <br />Trustee. Trustee shall reconvey the Trust Property without <br />warranty and without charge to the person or persons legally <br />entitled thereto. Such person or persons shall pay all costs of <br />recordation, if any. <br /> <br />31. Substitute Trustee. Beneficiary, at its option, may from time to <br />time remove Trustee and appoint a Successor Trustee to any <br />Trustee appointed hereunder by an instrument recorded in the <br />county in which this Deed of Trust is recorded. Without <br />conveyance of the Trust Property, the Successor Trustee shall <br />succeed to all title, power and duties conferred upon Trustee <br />herein and by applicable law. <br /> <br /> <br />32. Miscellaneous Rights of Beneficiary. Beneficiary may at any time <br />and from time to time, without notice consent to the making of <br />any plat of the Trust Property or the creation of any easement <br />thereon or any covenants restricting use or occupancy thereof or <br />agree to alter or amend the terms of this Deed of Trust. Any <br />personal property remaining upon the Trust Property after the <br />Trust Property has been possessed or occupied by Beneficiary, its <br />agent or any purchaser following Trustee's Gale, foreclosure, or <br />under any deed in lieu oE Trustee's sale or foreclosure, shall be <br />conclusively presumed to have been abandoned by Trustor. <br /> <br />33. <br /> <br />Notice to Trustor. Trustor hereby requests <br />notice of default and notice of sale made or <br />pursuant to the provisions hereof be sent <br />mailing address set forth hereinabove. <br /> <br />that a copy of any <br />executed by Trustee <br />to Trustor at its <br /> <br />IN WITNESS <br />ted the day and year <br /> <br />WHEREOF, this Deed of Trust has been duly <br /> <br />first above WlJ~ f{)~ <br /> <br />WILLIAM DEWHURST <br /> <br />execu- <br /> <br />L <br /> <br />-10- <br /> <br />( <br />