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<br />(d) Beneficiary may elect to cause t.a8ri'JSrpro~~ Q ~~~ t1lOreof to be sold under the power of sale, and in such event,
<br />Beneficiary or Trustee sflall 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 the cost and expenses of exercising the power of sale and of the sale, including but not limited
<br />to, trusteo'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 />
<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 />IIabfe 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 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 conferred upon it by tl1is 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 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 $ . Advances of disbursements made by Bef/eficiary 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 /1.11 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 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 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 mat a copy of anVlotice- default and notice of sale made or executed by Trustee pursuant
<br />to the provisions hereof be sent to Trustor at its mailing a9dress set fa h hereinabove. __
<br />IN WITNESS WHEREOF, this Deed of Trust has been duly e;(ecuted the d y d Y r first above Wfitl
<br />, ~.~'l.
<br />
<br />STA TE OF NEBRASKA
<br />rOUNTY OF
<br />
<br />eran
<br />
<br />
<br />)
<br />)ss.
<br />)
<br />
<br />
<br />Beran
<br />
<br />On this - day of , 19 _, before me, a notary pUblic in and for said county, personally came
<br />, and
<br />of , 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, and the voluntary act and
<br />deed of said corporation.
<br />WITNESS my hand and notanal seal on this the day and year last above written.
<br />
<br />(SEAL)
<br />
<br />Notary Public
<br />
<br />My commission 9Xpil6S
<br />
<br />STATE OF NEBRASKA
<br />HALL
<br />
<br />COUNTY OF
<br />
<br />)
<br />)ss.
<br />)
<br />
<br />On this -1- day of February ,19 88 , before me, a notary public in and for said county, personally came Dennis J. BeraI1
<br />and Susan L. Beran , 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.
<br />
<br />r"'------....-..
<br />
<br />(SEAL)
<br />
<br />
<br />MlDAlIlOTAIY-lcetl" ......b
<br />CURnS W. MICKEY
<br />My ~m. fxp. Feb. 6, 1911
<br />
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