Laserfiche WebLink
<br />., <br /> <br />I 28, <br />00 <br />00 <br />29. <br /> <br />(d) Beneficiary may elect to cause the Trust Property or any pert 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 faw, 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 rhe 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) 10 the cost and expenses of exercising the power of sale and of the safe, including but not limited <br />10, trustee's fees or nor more than $500,00 plus one-half of one percent of !I,e gross sale price, and reasonable attorney fees, (II) to <br />the Inde.Qtedness, and (Iii) the excass, if any, to the person or persons legally entitled thereto. <br />AI/ costs and ex~ses Incurred b~' Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or //lIe <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) Dllties and obligations of Trustee shalf 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 shalf require Trustee to expend or risk Its own funds, or otherwise incur any financlaf obligation in <br />/he performance of any of its duties hereunder, 0' in the exercise of any of Its rights or powers, <br />(c) Trustee may consult with counsef of Its own Choosing and the advise of such counsef shalf 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) Tmstee 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 />Security Agreement anc1 Fixture Filing. This Deed of Trust shall constitute a security agreement and fixture filing under the provisions of <br />the Nebraska Uniform Commerclaf Code with respect to those fixtures described in the preambfes hereof as constituting a part of the <br />Tmst 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 />Future Advances. Upon reqLI'ilst 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 IOtal sum of $ , Advances of disbursements made by BeneficIary to protect the security, <br />under tho terms hereof, while discretionary, shall not be deemed to be optional advances, <br />30. Reconveyance. Upon paymant of all Indebtedness secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the <br />Trust Property and sllall surrender this Deed of Trusr 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, <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 applicabte law. <br />32, Miscellaneous Rights of Beneficiary. Beneficiary may lit any lime 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 10 <br />alter or amend the terms of this Deed of Trust. Any personaf 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 safe 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 defa)llt and notice of !iale made or executed by Trustee pursuant <br />to the provisions hereof be sent to Trustor at its mailing address set fort/},Ilereinabov,: / <br />IN WITNESS WHEREOF, this Deed of Trust has been duly executeq'lI{' ~ay ~,~d ,~eerf}lst abo ~ written! <br /> <br />, L. ..uL' __/ ,...", I{t.-. /' <br /> <br />.f 'Ji((~ Ie J <br /> <br />r <br /> <br />at:) <br />CO <br />! CO <br />'" <br />-0 <br />...... <br /> <br />COUNTY OF <br /> <br />) <br />Iss, <br />1 <br /> <br /> <br />!STArEOF NEBRASKA <br /> <br />On this _ day of , 19 _, before me, a notary public in and for said county, personally came <br />, and <br />of ' knvwn to me to be the identlcat 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 notariat seal on this the day and year last above written, <br /> <br />(SEAL) <br /> <br />Norary Public <br /> <br />My commISSIon e.plr6S <br /> <br />STATE OF NEBRASKA <br />COUNTY OF HALL <br /> <br />1 <br />)ss, <br />1 <br /> <br />On this..!lL dar. of Ma~ ' 19 ~, before me, a notary public in and for said county, persDnally came Kevin L. Schul~z <br />and Deborah . Sch ltz ,-, known to me to be the identical persons who <br />signed the forogoing Deed of Trust and acknowledged the execution thereof to be rheir voluntary act and deed. <br />WITNESS my hand end notarial seal on this rhe dey and year last above written, <br /> <br />(SEAL) <br /> <br />NOI.~~ tJ ~~ <br /> <br />hb r IAA r ~ , I~ f(~__ <br />My comm'5:!ltlrl ftlOHVS J <br /> <br />l <br /> <br />'J::=~1 <br />