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<br />I <br /> <br />(d) Beneficiary may elect to cause the Trust pro~~:;:ny p!rt~~tZ 9 ~ sotd under the power of sate, and in such event, <br />Beneficiary or Trustee shall give such notice of default and notice of sale as may be then required by taw. Thereafter, upon the <br />expIration 01 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 bV 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 exper.ses 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 tiffe 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 oe <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 liab!e 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 />280 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 simifar or di~simifar to fhe same, now or hereafter located at or on the <br />Trust Properly. . <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 shalf 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 $ 1 (1 J nnn. nn . 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. UpOI1 payment of aI/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 shalf reconvey the Trust Property without warranty and without charge to the person or persons legally entitled thereto. Such <br />person or persons shalf 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. 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 />pfat 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 fof/owing Trustee's sale. foreclosure, or under any deed in lieu <br />of Trustee's sale or foreclosure. shall be .:;onclusively 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 exe u d the d y a yea' firs ove w Otten, <br />q <br />:Ande e~~ <br />Anderson <br /> <br />) <br />)ss, <br />) <br /> <br /> <br />STATE OF NEBRASKA <br />COUNTY OF ~/-a _te <br /> <br />, 19 ~, before me, a notary public in and for said county, personally came [)~7l~!ftl! r aJ~'7\-J <br /> <br />of ' ) ~ " 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 said corporation. <br />WITNESS my hand and notarial seal on this the day and year fast above written. <br /> <br /> <br />(SEAL) <br /> <br /> <br />CENEULMnUY-mtlDf--.m <br />:"=-~~ <br /> <br />~-'Y7/Yl-~Ie-L ~ J&---t.'--l'1'l..:LJ <br /> <br />NoIary TC <br /> <br />g - 7 - ReI <br /> <br />My commi...ion a.pires: ( <br /> <br />STATE OF NEBRASKA <br />COUNTY OF <br /> <br />) <br />)5S. <br />) <br /> <br />On this _ dayaf , 19 _, before me, a notary public in and for said county, personally came , <br />and " " . 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 seat on this the day and year last above written, <br /> <br />(SEAL) , <br /> <br />NoIary PublIC <br /> <br />My commission f1xpites <br /> <br />~' <br /> <br />J~(f.I ' &,(J'~J.lf.lJlf:.. <br />