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<br />r <br /> <br />88- 100772 <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 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 fawful money of the United States of America. Upon receipt of payment of the price bid, Trustee shall apply the <br />ptoceeds inthe 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 titieinsurance, attorney fees and court costs, shall be and constitute Indebtedness secured hereby. <br />27. . Duties of Trustee. Trustor agees that: <br />(a) Dut/es and obligations of Trustee shall be determined solely by tho 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 />. obllgat/onsshallbeimposed 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 />thepe,"formance of any of its d!lties 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 compfete 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 liabfe 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 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 $ none . 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 fndebtedness secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the <br />Trust Property and shall surrender this Deed of Trust and afl 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 an costs of recordation, if any. <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 con;;lusively 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 d executed the d2::~ year first abo <br />.... r. ' <br /> <br />el. <br /> <br /> <br />STATE OF NEBRASKA <br />COUNTYOF Hall <br /> <br />) <br />)ss. <br />) <br /> <br /> <br />$. <br /> <br />~ <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 notarial seal on this the day and year last above written. <br /> <br />(SEAL) <br /> <br />Nolaty Public <br /> <br />My commission expirss: <br /> <br />! <br />I <br />I <br />I <br />I <br />i <br />I <br />I <br />.\ <br />I <br />, <br />I <br />d <br />I <br />I <br />1 <br />~ <br /> <br />STATE OF NEBRASKA <br />COUNTY OF Hall <br /> <br />) <br />)ss. <br />) <br /> <br />On this -1.6t~ay of. February ,19 JiB.... , before me, a notary public in and for said county, personally cam~im L. Seim & ., <br />.-.tICEve1yn R. ~eim. Hm.hanil & Wi fe; Tho,"a.. F Cor"","", anil** ,known to me to be the identical persons who <br />signedthe 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 fast above written. <br /> <br /> <br /> <br />(SEAL) <br /> <br />~7 1..-/ <br /> <br />**Cardl C. Grooms. husband and wife; and Gary K. <br />Sullivan and Myrna J. Sullivan, husband and wife <br /> <br />My commission expires: <br /> <br /> <br /> <br />