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<br />(d) Beneficiary may elecllo cause the Trust Property or any part !hereof 10 be sold under Ihe power of sale, and in such evenl,
<br />Beneficiary or Trustee shall give such notice of defaulland no tiCI'! of sale as may be Ihen required by law. Thereafter, upon the
<br />explretion of such time and Ihe giving of such notice of sale as may Ihen be required by law, Truslee, allhe lime and place specified
<br />by the nollce of sale. shall sell such Trust Property, or any part !hereof specified by Beneficiary, al publ/c auction 10 Ihe hlghesl
<br />bidder for cash In lawful monay of !he United Slatas of America, Upon receipt of payment of the price bid, Truslee shall apply Ihe
<br />proceeds In !he following order: (I) 10 the cost and expenses of exarclslng Ihe power of sale and of !he sale, including bul notl/m/led
<br />to, truslee's fees or 0101 more than $500,00 plus one-half of one percent of !he gross sale price, and reasonable allorney fees, (II) 10
<br />the Indebtedness, and (iii) the excess, if any, to Ihe person or persons legally entllled Iherelo.
<br />All costs and expenses Incurred by Beneficiary in enforcing any rlghl under !hIs Deed of Trust, Including withoull/mitatlon, abstract or title
<br />fees, appraisal fees, premiums for tllIe Insurance, allomey fees and court cosls, shall be and conslltute Indebtedness secured hereby.
<br />27, DUlies of Truslee. Trustor age88 !hat
<br />(a) Duties and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and Truslee shall nol be
<br />liable except for Ihe 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 !hIs Deed of Trust shall require Truslee to expend or risk Its own funds, or otherwise incur any financial obligation in
<br />the performance of any of its dulies hereunder, or in Ihe exercise of any of its rights or powers,
<br />(c) Trustee may consult with counsel of its own choosing and !he advise of such counsel shall be full end comptete authorization and
<br />proteclion in Ihe respecl of any action taken or suffered by il hereunder in good faith and rel/ance Ihereon, and
<br />(d) Truslee shall nol be Ilabte for eny action laken by II in good faith and reasonably believed by it 10 be authorized or wi!hln ils
<br />discrelion or rights or powers conferred upon it by this Deed of Trusl.
<br />Security Agreemenl and Fixture Filing, This Deed of Trusl shall constitute a security agreemenl and fixture filing under the provisions of
<br />!he Nebraska Uniform Commercial Code with respecllo Ihose fixtures described In the preambles hereof as constlluting a part of !he
<br />Trust Property, together with all other property of Truslor, either similar or dissimilar to the same, now or hereafter localed at or on !he
<br />Trust Property,
<br />Future Advances, Upon requesl of Trustor, Beneficiary, al Beneficiary's option, prior 10 full reconveyance of the Trusl Property by
<br />Trustee to Trustor, may make fulure advances 10 Trustor, Such future advancas, with Interest thereon, shall be secured by this Deed of
<br />Trusl, At no time shalllhe principal amount of Ihe Indebledness secured by Ihis Deed of Trust, 0101 including sums advanced to prolect
<br />!he security, exceed !he lolal sum of $ 15 . 000 00 . Advances of disbursements mede by Beneficiary to protect the security,
<br />under the terms hereof, while dlscrellonary, shall 0101 be deemed to be optional advances,
<br />30, Reconveyance, Upon payment of all Indebtedness secured by Ihls Deed 01 Trust, Benellciary shall requesl Trustee 10 reconvey the
<br />Trust Property and shall surrender !his Deed of Trusl and all nOles evidencing Indebledness secured by !his Deed of Trust to Trustee.
<br />Trustee shall reconvey the Trusl Property withoul warranty and withoul charge 10 the person or persons legally entitled therelo. Such
<br />person or persons shall pay 811 cOSls of recordalion, if any.
<br />31, Substitule Truslee. Beneficiary, allts opllon, may from time 10 time remove Truslee and appoint a Successor Trustee to any Truslee
<br />appointed hereunder by an Instrument recorded In the county in which this Deed of Trust is recorded, Without conveyance of !he Trust
<br />Property, the Successor Trustee shall succeed to all title. power and duties conferred upon Trustee herein and by applicable law,
<br />32. Miscellaneous Rights of Beneficiary, Beneficiary may at any time and from time to time, without notice, consent to the making of any
<br />plat of !he Trusl Property or the creation of any easemenl thereon or any covenants restricting use or occupancy thereof or agree to
<br />alter or amend the terms of !hIs Deed of Trust, Any personal property remaining upon the Trust Property after Ihe Trusl Property has
<br />been possessed or occupied by Beneficiary, its aganl or any purchaser following Trustee's sale, foreclosure, or under any deed in lieu
<br />of Truslee's sale or foreclosure, shall be conclusively presumed to have been abandoned by Trus{or,
<br />33, Notice to Trustor. Trustor hereby requests that a copy of any notice of default and nollce of sale made or executed by Trustee pursuant
<br />to the provisions hereof be senllo Truslor at its mailing address set fonh hereinabove,
<br />IN WITNESS WHEREOF, this Deed of Trusl hes been duly executed the day and year first above wrillen,
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<br />STATE OF NEBRASKA
<br />COUNTY OF
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<br />Moeller
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<br />On !his _ day of , 19 _, belore me. a notary public in and lor said county, personally came
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<br />of . known to me to be !he identical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution Ihereollo be their voluntary acl and daed, and Ihe voluntary acl and
<br />deed of said corporation,
<br />WITNESS my hand and notarial seal on Ihls Ihe day and year lasl above wrillen
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<br />My commt51l1()11 e..pire&
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<br />Nolaty Public
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<br />STATE OF NEBRASKA
<br />Hall
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<br />.~ COUNTY OF
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<br />~ On this -.lliday of July , 19 JiB... , before me, a nolary public In and lor said county, personally came Mark W. Moeller:
<br />and A ll:><i'rt- '" Mn..ll..r . known 10 me 10 be Ihe Identical persons who
<br />signed the foregoing Deed 01 Trusl and ecknowledged Ihe execution thereof to be their voluntary act and deed.
<br />WITNESS my hand IInd nolarial selll on this Ihe day and year last above wrlllen,
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