<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 />
|