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<br />I <br />4 <br />r! <br />CO <br /> <br />(d) Beneficiary may elect to cause tho 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 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 tile 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 wlthoulllmitation, 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 own funds, or otherwise Incur any financla/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 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 filing under the provisions of <br />the Nebraska Uniform Commercial Code with respect 10 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 $ 14. 0 2 8 , 0 0 ,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 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 alJ costs of recordation, if any, <br /> <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 which this Deed of Trust Is recorded, Without conveyance of/he 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 property remaining upon the Trust Property after 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 he~e~~ve, <br />IN WITNESS WHEREOF, this Deed of Trust has been duly eXW~d~rst ab e written, <br /> <br /> <br />\.'.Ui11am ,ye\\1hufSt ') I <br />STATE OF NEBRASKA ) -~~f~~o!cnh/lM~'itkll \..IT <br />)ss, <br />) <br /> <br /> <br />r <br /> <br />~ <br />'( <br /> <br />" <br /> <br />'1 00 <br />C') <br />~ <br />1'- <br />o <br />...... <br /> <br />COUNTY OF <br /> <br />HALT, <br /> <br />On this 2:1.!!day of 1\",. D -!.... ,19 U , before me, a notary public in and for said county, personally came Wi 11 i a m <br />Dp'o111'l r'" t ,and M:11"'Y T 011 Df>\llhll 1"'S" , <br />of r.r 5lnd :t sl51n d, Ha 1] (rum"y, Nph 1"':1 '" lc:1 , known to me to be the Identical persons wh~ <br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act and deed, and the voluntary act and <br />deed of s!!!d cc!poratlon, <br />WITNESS my hand and notarial seal on this the day and year last above written, <br /> <br />(SEAL) <br /> <br />Nofl'ry Public <br /> <br />My commission expires <br /> <br />STATE OF NEBRASKA <br />COUNTY OF /-1 A / / <br /> <br />) <br />)ss, <br />) <br /> <br />o~1Jaz of ~~ 19li, before me, a notary public in and for said county, personally came IJ; / fl.. D..1J~,4f.."f. <br />and 0 t.. r ' 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 acl and deed, <br />WITNESS my hand and notarial seal on this the day and year last above written, <br /> <br />,..-- <br /> <br /> <br />LJ 4~~ <br />to. mt' <br />f <br /> <br />L <br /> <br />~ . "..IIERAlIIOlAA'f.S'.U........ <br />CURTIS W. MICKEY <br />If,,,' ,'~, I~y Comm, u\I, ftb. 6. \988 <br />~-~?~. -, ---- <br /> <br />(!~~-:k <br /> <br />Notary Pub/lc <br /> <br />(SEAL) <br /> <br />. / .. <br />t:.. <br />