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<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 shaf! 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 th'i! 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 cfJsh in lawful money of the United Stat,9s oi 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 sllch 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 sha/J constitute <l 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 ail 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 principaf amount of the Indebtedness secured by this Deed of Trust. not incfuding sums advanced to protect
<br />the security, exceed the total sum of $ 7').000. on . Advances of disbursements made by Beneficiary to pratsct the security,
<br />under the terms hereof, while discretionary, shall not be deemed to be optional advances.
<br />30_ Reconveyance, Upon payment of aI/Indebtedness secured by this Deed of Trust, Beneficiar}' shall request Trustee to reconvey the
<br />Trust Property and shal/ surrender this Deed of Trust and all 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 all costs of recordation, if any.
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<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 conferrf:d upon Trustee herein and by applicable law.
<br />32, M:scellaneous 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 restr,-c;ting 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 posf!~ssed 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 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 dID' and year first above written.
<br />Niemoth Fa' Partner hi Ltd.'
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<br />COUNTY OF
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<br />STATE OF NEBRASKA
<br />
<br />On this 25..th1ay of Aprf 1 , 19 -8B., before me, a notary public in and for said county, personally cameR""",, t"h F. Ni emoth
<br />General Partner ,and Lois L. Niemoth C:pnpr,ql p,qrtner ,
<br />of Niemoth Family Partnershi p. Ltd. ,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 />
<br />WITNESS my hand and notarial seal on this the day and year last above written,
<br />
<br />COUNTY OF
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<br />Hall
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<br />(SEAL)
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<br />STATE OF NEBRASKA
<br />
<br />On this .25.d1day of Apri 1 , 19....sa. before me, a notary public in and for said county, personaJ/v came K pnn p t h J<' Ni.en1o t
<br />and Lois L. Ni pmnt.h , known to me to be the identical persons who
<br />\ signed the foregoing Deed of Trust and acknowledged the execution thereof CO be 'heir voluntary act and deed,
<br />~ \ WITNESS my hand and notarial seal on this the day and year last above written,
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