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<br />103913
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<br />(d) Beneficiary may elect to cause the Trust Property or any palt tllflreof to be sold under the powJl. and In such event,
<br />Benefic/sry 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 "nd the giving of such notice of sale as may then be required by law, Trustee. et the time and place specified
<br />by the notice of sale, shall sell such Trust Property. or any part lhereof speclfidd by Benei/ciary, al public aucllon to the highest
<br />bidder lor cash in lawful money of the United States of America. Upon receipt of payment of the price bid, Trustee shall epply the
<br />proceeds in the (oIlowlng order: (i) 10 the cost and expenses of exercising the power of sale and of the sale, Including but not limited
<br />10, trustee's fees or not more than $500.00 plus one-half of one percent of the gross sale price, and reasonable attorney (ees. (II) to
<br />the Indebtedness, and (iii) the excess, If any, to the person Dr persons legally entitled thereto.
<br />All costs and expenses incurred by Beneficiary In enlorcing Ilny right under this Deed of Trust, including without limitation, abstract or title
<br />fees, appraisaf fees. premiums lor title Insurance. attorney fees and court costs, shall be and constitute Indebtedness secured hereby.
<br />27. DuIles of Trustee. Trustor agees that:
<br />(a) Duties and obligations of Trustee shafl be determined solely by the exprass provisions of this Deed of Trust and Trustee shall not be
<br />liable except for the performance of such duties and obligations as are speci(ically set forth herein, and no implied covenants Dr
<br />obligations shall be imposed upon Trustee,
<br />(b) No provision of this Deed of Trust shall require Trustee to expend Dr nsk its own funds, or otherwise incur any financial obligation in
<br />the performance of any of its dutias hereunder. or in the exercise of any of its rights or powers,
<br />(c) Truste:l ma~' conS1l1t with counsel of its own choosing and the advise of such counsel shafl be full and complete authorization and
<br />protection in the respect o( any action taken or suttered by it hereunder in good faith and reliance thereon. and
<br />(d) Trustee shafl not be liable for any action taken by it in good faith IYld reasonably believed by it to be authorized Dr within its
<br />discretion or rights or powers conferred upon it by this Deed of Trust.
<br />28, Secunly Agreement and Fixture Filing, This Deed 01 Trust shall constitute a security agreemenl and fixture filing under the provisions of
<br />the Hebraska Uniform Commercial Code with respect to those fixtures described in the preembles 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 Dr hereafter loceted at or on the
<br />Trust Property.
<br />29. Future Advances, Upon request of Trustor. Benef,ciary. at Beneficiary's opbOn. pnor to fuli reconveyance ot 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 total sum ot S no ne Advances of disbursements made by Beneficiary to protect the security.
<br />under the terms hflfllOf. while discretionary. shall "01 be deemed to be optional advances,
<br />30, Reconveyance. Upon payment of all Indebtedness secured by Ihls Deed of Trust. Benel/clary shali request Trustee to reconvey the
<br />Trust Property and shall surrender this Deed 01 Trust and a/l notes eVidenCing Indebtedness secured by this Deed of Trust to Trustee,
<br />Trustee shall reconvey the Trust Property w,thoul warranty and wlthoul charge 10 the person Dr persons legally entitled thereto, Such
<br />person or persons shall pay all costs 01 recordallon. ,f any
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<br />31, Substitute Trustee, Bene/k;lary. at liS option. may Irom tIme to Ilme remove Trustee and appolnl a Successor Trustee to any Trustee
<br />appointed hfHlJunc1er by an Instrument recorded in Iho county In whIch this Deed of Trust is recorded, Without conveyance of the Trust
<br />Property. the Successor Trustee shall succeed to all Me. power end duties conferred upon Trustee herein and by appliceble law.
<br />32, MisCflU;tn;lOUS RJgllts of Bemll/clary Beneficiary may at any time and from time 10 time, withoul notice. consent to the making of any
<br />plat 01 the ',rust Property or the creation of any easement thereon or any covenants restricllng use or occupancy thereof or agree to
<br />alter or amend the terms of this Deed 01 Trust Any personal property remaining upon the Trust Property after the Trust Property has
<br />been polfSessfJd or occupied by Benehclary. lIs agent or any purchaser following Trustee's sale. Iorec/osure. or under any deed in lieu
<br />of Trustoo's safe or /oleclOSure. sha/llle conclUSIvely presumed to have been abandoned by Truslor
<br />33, Notice to Trustor, Trustor hereby requests that a copy of any notice of defaun and notIce of salo made Dr executed by Trustee pursuanf
<br />fo the provisions hereol be sent fa Trustor at its maJling address sel forth hereinabove,
<br />IN WITHESS WHEREOF, rfllS Deed 01 Trusl has been duly e. er1 Ihe day and ear fIrst above wnlton
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<br />.I.;:,
<br />
<br />STA TE OF NEBRASKA
<br />
<br />Hall
<br />
<br />COUNTY OF
<br />
<br />)
<br />Iss
<br />I
<br />
<br />
<br />On this _ day 01 . 79 _ . before me. a notary publiC in and lor SBJd county. personally ceme -
<br />'. and
<br />01 ' known to me 10 be the iden.~cal persons wh~
<br />signed the foregoing Deed ot Trust and acknowledged the execution thereot to be the/( voluntary acl end deed. and the voluntary ect and
<br />deed 01 said corporatloo.
<br />WITNESS my hand and nolanal seal on thIS the day and year last above wnlten,
<br />
<br />(SEAL)
<br />
<br />NoIMr Pub6<
<br />
<br />lip comfl"lI,1:,JllYIfUplfe5
<br />
<br />STATE. OF NEBRASKA
<br />HALL
<br />
<br />COUNTY OF
<br />
<br />)
<br />)5$,
<br />)
<br />
<br />On this ..lit.lltayof Julv . 19 -B.B.. before me. a notary public In and for said CDunty. personally cameRonal d F. Pl1rrly.
<br />and T nni.IIl Ann 'F-nrrlYr hUAhAnn ::Inti wi fp . known ro me to be the Identical persons who
<br />signed thfI foregoing Deed of Trust and acknowledged the execubOn thereof to be lhe/( voluntary act and deed.
<br />WITNESS mr hanr1 and oot8riaf sHi on this the day and year last above wrillen,
<br />
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<br />
<br />(SEAL)
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