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<br />(d) Beneficiary may elect to cause the Trust Property or !~=the~oQo~lji~nder 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 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 place specified
<br />by the notice of safe, shall seft such Trust Property, or any part thereol specified by Beneficiary, at public auction to the highest
<br />bidder for cash In lawfuf money 01 the United States of America, Upon receipt of payment of the price bid, Trustee shall apply the
<br />proceeds In the foftowlng order: (i) to the cost and expenses 01 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 lagafty entitled thereto.
<br />All costs and expenses Incurred by Beneficiary In enforcing any nght under this Deed of Trust, Including without limitation, abstract or title
<br />fees, apprelsal fees, premiums for title Insurance, attorney fees and court costs, shaft be and constitute Indebtedness secured hereby.
<br />27. Duties of Trustee. Trustor agees that:
<br />(e) Duties and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee shaft not be
<br />liable except for the performance of such dutias and obligations as are specifically set forth herein, and no implied covenants or
<br />obligations shalf be Imposed upon Trustee,
<br />(b) No provision of this Deed of Trust shaft require Trustee to expend or risk its own funds, or otherwise incur IIny 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 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 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 aft 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 shaft the principel amount of the Indebtedness secured by this Deed of Trust, not including sums advanced to protect
<br />the security, exoeed the tOlal sum of $ 56.000.00 . Advances of disbursements made by Beneficiary to protect the security,
<br />under the terms hereof, while discretionary, shaft not be deemed 10 be optional advances,
<br />30. Reconveyance. Upon payment of all Indebtedness secured by this Deed of Trust, BenefiCiary shall request Trustee to reconvey the
<br />Trusl Property and shall su"ender Ihls Deed of Trusl and all noles evidencing Indebtedness secured by this Deed of Trust to Trustee.
<br />Truslee shall reconvey the Trust Property withoul wa"anty and without charge to the person or persons legally en/itled thereto. Such
<br />person or persons shall pay all costs of recordation. it any.
<br />31. Subslitute Trustee. Beneficiary, at Its option, may from time to time remove Trustee and appoint a Successor Trustee to any Trustee
<br />I!IPpointea hereunder by an Instrument recorded in the county In which this Deed 01 Trust Is recorded. Without conveyance of the Trust
<br />Property, the Successor Trustee shall succeed to /1ft litle, power /lnd duties conferred upon Trustee herein and by applicable law.
<br />32, Mlsc6IJ/JIMfOUlI Rlghls 01 Beneficiary. Beneficiary may at any time and from time to time, without notice, consent to the making of any
<br />plat 01 thlt Trust Property or the creation 01 /lny easement thereon or any covenants restricting use or occupancy thereof or agree to
<br />alter or amend the tenm 01 this Deed 01 Trust. Any personal property remaining upon the Trust Property after the Trust Property h/ls
<br />been posS8S5ed or occupied by BenefiCiary. Its agen/ or /lny purchaser fotlowing Trustee's sale. foreclosure, or under any deed in fieu
<br />01 Trustee's sale or foreclosure, shall be conclusively presumed 10 have been abandoned by Trustor
<br />33. Notice to Trustor. Trustor hereby requests that a copy of any notice 01 dafault and notica of sale made or executed by Trustee pursuant
<br />to the provisions hereof be sent to Trustor allts mailing address set forth hereinabove.
<br />IN WITNESS WHEREOF. this Deed 01 Trust has been duly executed the day and yaar first above writt n.
<br />~ .
<br />
<br />STATE OF NEBRASKA
<br />COUNTY OF
<br />
<br />)
<br />)ss.
<br />)
<br />
<br />
<br />on this _ day of , 79 _ , before me. a notary public in and for s/lid county, personally came
<br />. and '
<br />01 ' known to me to be the idenlical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be the" voluntary act and deed, and the voluntary act and
<br />deed of said corporation.
<br />WrrNESS my hand and notarial seal on lhis the day and year last /lbove written.
<br />
<br />(SEAL)
<br />
<br />--
<br />
<br />Ut'~..pIt"e'
<br />
<br />STATE OF NEBRASKA
<br />
<br />COUNTY OF
<br />
<br />Adams
<br />
<br />)
<br />Iss.
<br />I
<br />
<br />On thIt ~t!1daYOf Jul~ . t9..m!... before me, a notary public In and /oF said county, personafly came JeffereY~eld
<br />and ...1& J 0 Bin f iel , known 10 me to be the Identical persons wtiO
<br />ligned the fotegoing Deed 01 Trust arId acknowfadged the execution thereof 10 be their voluntary act and deed.
<br />WITNESS my hand and notarial seal on lhis the day and year lesl abova written.
<br />
<br />~K~--.-
<br />
<br />(SEAL}
<br />
<br />....,..tr
<br />..r-"...
<br />
<br />__~ ~AJd.~____6&_~L_______
<br />M,!;I)tf'ImIUJOI"IIJlpoN!I' '
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