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<br />ss- <br /> <br />10;J.J29 <br /> <br />(ef) 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 Trusfee shall give such notice of default and notice of sale as may be than 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 ptace specified <br />by the notice of sate, shall sail such Trust Property, or any part thereol specified by Beneficiary, at public auction to the highsst <br />bidder for cash In lawful money of the United States of America. Upon receipt of payment of the price bid, Trustae shall appty the <br />proceeds in the follawing order: (i) to the cost and expenses of exercising the power of sale and of the sate, including but not limited <br />to, trustee's fees or not more than $500.00 plus one-haft 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, ebstract or title <br />fees, appraisal fees, premiums for title insurance, attorney fees and court costs, shali be and constitute fndebtedness 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 prcvlslon of this Deed of Trust shall require Trustee to expend or risk Its own funds, or otherwise incur any financiaf 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 authorizaticm 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 01 Trust. <br />28, Security Agreement and FiK/ure Filing, This Deed of Trust shall constitute a security agreement and fiK/ure filing under the provisions of <br />the Nebraska Uniform Commercial Code with respect fa 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 luture 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, eKceed the total sum of $ None , Advances of disbursements made by Beneficiary to protect the security, <br />under the terms herecf, while discretionary, shall not be deemed to be optional advances. <br />30, Raconveyance, 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 Trustee. <br />Trustee shall reconvey the Trust Property without warranty and without charge to the person or persons legally entilfed 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 appficabfe law. <br />32, Miscellaneous Rights of Beneficiary, Beneliciary 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 />alter or amend tile 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 fallowing Trustee's sale, foreclosure, or under any deed in lieu <br />of Trustee's sale or foreclosure, shall be conctusively 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 fortlJ.~e!.!!i!Jabove, <br />IN WITNESS WHEREOF, this Deed of Trust has been duly execute~:r first above written. <br /> <br />Ca'i'P:I' y' Bowman ...-/'-7 <br />'~f'4{f/ f ~,,/:q-../ <br />STATE OF NEBRASKA) Kar K. agge / <br />)ss, / <br />COUNTY OF ) <br /> <br />On this _ day of , 19 _, before me, a notary public In and for said county, personally came <br />, and <br />of ' 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 />WITNESS my hand and notarial seal on this the day and year last above written, <br /> <br />(SEAL) <br /> <br />i~l <br /> <br />.~~-~:.-:~~ ~; <br />HolM)' Public..' <br />, / <br /> <br />'1 <br />II ~~ t.-!i=-'--- <br /> <br />~ ~ . --:f!z <br />My cDmmasiorl eKPi"'.. <br /> <br />STATE OF NEBRASKA <br />COUNTY OF HA] L <br /> <br />) <br />)ss. <br />) <br /> <br />On this lli..hcIay of Mav . 19.Jlli.., before me, a nolary public in and for said county, personally came Carl P. Bowman , <br />.... a s j "I']" per"n" ann K"rpn K T"~rP ",,; nr1" ppr"nn ,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 Bcl and deed, <br />WITNESS my hand and notarial seal OIl this Sf last above written, <br />~CBIIM.IIITMY.Stm nllllbmtJ <br />(SEAL) -..nil OlllDl .. ", <br />"lIIIc. EIIll..., 2. ,. ' / ) it' v u. , " " (', L''''~ <br />NtJt.,-yPuDllt <br /> <br />"'r~aJOl"l.r~' <br /> <br />. <br />,. <br />