|
<br />r
<br />
<br />(d) Beneficiary may elect to cause the Trust Property or any part thereof to be sold under the power of s!!~a~n suc~eQJ..13 4
<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 Unitad 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, 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 />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 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 fixiure 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 fuli 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 fndebtedness secured by this Deed of Trust, not including sums advanced to protect
<br />the security, exceed the total sum of S 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 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 Trustoo.
<br />Trustee shall reconvey the Trust Property without warranty and without charge to the person or persons legally entitfed thereto. Such
<br />person or persons shall pay all 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. rrtthout conveyance of the Trust
<br />Property, the Successor Trustee shall succeed to all titfe. power and duties conferred upon Trustee herein and by appticable law.
<br />32. Miscellarleous 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 />after 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 Befll'!ficiary, its agent or any purchaser following Trustee's sale. foreclosure, or under any deed in lieu
<br />of TrJstee's sale or foreclosure, shall be conclusivefy presumed to have been abandoned by Trustor.
<br />33. Notice to Trustor. Trustor hereby requests that a copy of any notice 01 defauft and notice 01 sale made or executed by Trustee pursuant
<br />to the provisions hereof be sent to Trustor at its mailing address set forth hereinabove.
<br />fN WITNESS WHEREOF, this Deed of Trust has been duly executed the day. and~ar first above writt n.
<br />Mid Bu~lders, c...... .... r::. . ~.' f\
<br />
<br />By: (. ~. L S. 1
<br />J. LimP id t ' . e~m ve )
<br />~m . e , res en ~
<br />STA TE OF NEBRA KA) Tomas
<br />
<br />HALL )ss.
<br />COUNTY OF )
<br />
<br />
<br />On this ~ day of March , 19 JHL, before me. a notary public in and for said county. personalty came
<br />Jim L. Seim and President
<br />of Mi,dland Builders. Inc. ' '.knowntometobetheidenticaJpersons~
<br />signed the foregoing Deed of T,ust and acknowledged the execution thereof to be their voluntary act and deed. and the voluntary act and
<br />deed of said corpotation.
<br />W1TNESS my hand and notarial seal on this the day and year last above wntlen_
<br />
<br />(SEAL)
<br />
<br />j\ h;, ... . ---/1) /'-- - ,
<br />II ,u,:~tl_<.-C /F.' '--L~l-.t- }......-'
<br />-.ot)' I'Wc i
<br />
<br />J:HIIl......... ......
<br />-....
<br />If.... __ t .
<br />
<br />"
<br />
<br />7 - .~ - .for
<br />
<br />.,,-~e:1prM.
<br />
<br />STATE OF NEBRASKA
<br />COUNTY OF HALL
<br />
<br />)
<br />)ss.
<br />)
<br />
<br />On this 1st day of March . 19.J1fi., before me. a natalY c'1f"ic~n arlf!focf:1'1fflUnty. personalty came JimL ,Seim.Presi~ent;
<br />l.WMidlandBuilders. Inc. ;Jim L.seIm&Eve.lyn K.:se:lDl, us an w~ e. ,known tome to be the identical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be thei, voluntary act and deed.
<br />W1TNESS my hand and notarial seal on this the day and year last above written.
<br />
<br />(SEAL)
<br />
<br />/y/
<br />!/~ A,L.'I ;~ :
<br />
<br />/, - )
<br />'" I f~ (,. - ; <: 7- <--' I )
<br />~' '.."..... v<L , L- ' r I
<br />N.."lf.A:')'F\dc
<br />
<br />.J:CIIIK.." If.......
<br />~...
<br />.........l _
<br />
<br />L
<br />
<br />"',('OI'n~~'lWtlS
<br />
<br />**Thomas F.Grooms&Carol C.Grooms,husband&wife; and Gary K.Sullivan&Hyrna J.Sullivan. husband
<br />and wife
<br />
<br />oMSl ~ IlBAASIA
<br />1lA1lOAAl ~SSOClk1d
<br />l\1li EJtatt loall ~
<br />P,ll &OX nfJI ..........
<br />WIlO ISlAMO. Ml roo.><.
<br />
<br />-=-:
<br />
<br />
<br />
<br />r--
<br />
<br />(
<br />
<br />
<br />--1-'
<br />
|