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<br />I" <br /> <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 SUCII notice of dofault and notice of sale as may be then required by law. Thereafter, upon the <br />expiration of such time and tho 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 safe, 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 Unitert States of America. Upon receipt of payment of the price bid, Trustee shall apply the <br />procoeds 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 /> <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 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 authorizatian 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 sha!l 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, wilh 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 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 Trusteo. <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 paYflll 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, shali 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. <br />IN WITNESS WHEREOF, this Deed of Trust has been duly executed the day and year first above <br /> <br />On this _ day of <br /> <br />, 19 _, before me, a notary public in and for said county, personally came <br />, and <br /> <br /> <br />STATE OF NEBRASKA <br />COUNTY OF <br /> <br />) <br />)ss. <br />) <br /> <br /> <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 notarial seal on this the day and year last above written. <br /> <br />r\ <br /> <br />My commission expires' <br /> <br />. \ <br />~ <br />1\ <br />~'l:.~ <br />-.). <br />'~.~ <br />. '\ 1",- <br />~~1\ <br />~, \: .~ <br />;'5 ~\~ <br /><;, \ 1 <br />;::... .~; <br />\, '/'"') <br /> <br />"" <br />'\j <br /> <br />(SEAL) <br /> <br />>, <br />" <br /> <br />.:." <br /> <br />NotaTY Public <br /> <br />STATE OF NEBRASKA <br /> <br />COUNTY OF <br /> <br />HALL <br /> <br />) <br />)ss. <br />) <br /> <br />L <br /> <br />On this -L day of Januarv ,19 88, before me, a notary public in and for said county, personally came Gerald E, Daly, <br />~ and Mary SusAn Daly , known to me to be the identical persons who <br />~ signed the foregoing Deed of Trust and acknowledged the executIOn thereof to be thetr voluntary act and deed <br />~ WITNESS my hand and notarial seal on thIS the day and year last above written'/] /! ~ ~ <br /> <br />~~ ~ ~y{ <br />i :;;~~f~~ ::: ...~ ~ NotaryPu "e :J /{ . / (I _ <br />? 0 ( . ~ .J r:: ~ \\ ~ <br />o O. tlJ _J a.. \,.) c <br />o ' "B ~tJ :r:: \. u.. <br />r-4 t :'f'1;; .... l .:;j- /.,.: c. <br />= -: ....1 r....l u__ '..J..~. 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