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<br />(dl Banehclary may elecllo cause too Trusr Property or any part Ihereollo be sold under rho powar 0' solo. ond In suall ovonl. <br />B.".,hclary or TruSI... shall give such nollce 01 d.laulland nollcs 01 ssle as msy bo Ihen required by low. Thoraanor, upon Iha <br />explralion 01 ouch ~ma nnd Ihe glvtng 01 such no~ce 01 sa'e a. mey rhan be requlrsd by low, Trusree, or rhe lime and pIece .peall/od <br />by !he noIIea 01 sale, shsll sell such Trusr Property, or any pert thereol speall/ed by Benenal.ry. 01 public euat/on 10 Ihe hlghesl <br />bidder /or cash In lawlul money ollhe United sra", 01 Amertca. Upon recelpl 01 paymenl or the price bid, Tru.tee sh.llapply the <br />procHds In the following order. (i) to the cosland expenses 01 exercising Ihe power 01 sole and 01 the .sle, Including but not limited <br />to, lIUStlHt"S I.... or nol more than $500.00 plus one.hall of one psrcenl 01 the gross sole price, snd reesonsbls ertornsy (ea., (II) to <br />!he Indeblednsss, and ~Ii)the eXCSSS, II sny, to Ihe person or persons legelly entltlsd thsrsto. <br />All costs and expenses Inaurred by Bensllcl.ry In enforcing any righl under thIs Doed 01 Trust. Including wllhout IImltst/on, sbslracl or tllle <br />leos, appralsolleas, premiums for ~lIe In.uranca. etlomey rees end court cosrs, sholl be and const/tuts Indebtedness sacursd hareby. <br />27. Dutle. of Trustee, Trus"" agees thaI: <br />(a) Dutio. and obligation. 01 Trustss .hall bs detarmlnsd .olsly by lhe express provIsion. ollhls Deed or Trusland Tru.,ee .hall nol ba <br />lIeble excapl /or /he performance 01 such dulia. and obligat/ons as ora speall/cally .ellorth herein. and no Impllad covensnts or <br />obligation. sholl be imposad upon Truslse, <br />(b) No provision ollhls Doed 01 Trusl sholl require Trustee 10 expend or risk lis own funds. or Olherwlse Inaur any IInanclal obllgstlon In <br />the performance of any of its duties hereunder, or In the exercise of Bny of its rights or powers. <br />(c) Trustee may consun with counsel of its own choosing and the advise of such counsel shall be full and complete authorization and <br />protection in the respect at any action taken or suffered by it hereunder in good faith and reliance thereon, and <br />(d) Trusl... shsll not be liable lor any ac~on laken by it In good loIth and ressonably believed by ilIa bs authorized or wllhin ils <br />discretion or rights or powers conlerred upon It by this Deed 01 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 hareof 8S constituting a part of the <br />Trust Property, together with all other property of Trustor, either similar or dissimilar fa the same, now or hereafter located at or on the <br />Trusl Property. <br />29. Future Advances. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to fuif 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 "f the Indebtedness secured by this Deed of Trust, not including sums advanced to protect <br />the security, exceed the total sum of $ none . Advances of disbursements made by Beneficiary to protect the security, <br />under the tenns hereof, while discretionary, shall not be deemed to be optional advances. <br />30. Reconveyance. Upon payment of aI/Indebtedness secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the <br />Trust Property and sha/J 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 entitled thereto. Such <br />person or persons shall pay all costs of recordetion, 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 hereundar by an instrument racoraed 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 applicable law. <br />32. Miscellaneous Rights of Beneficiary. Beneficiary may at any time and from time to time, without notice, consant to the malclng 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 />oIter or amend Ihe term. 01 this Desd of Trust. Any personal propsrty remaining upon the Trust Property alter Ihe 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 sale or foreclosure, shall be conclusively presumed to hava been abandoned by Trustor. <br />33. Notice to Trustor. Trustor hereby requests that a copy of Bny 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 fonh hereinabove. <br />IN WITNESS WHEREOF, Ihls Deed or Trusl has been duly executed Ihe~, ay and ye r IIrst a/i.ove wnt/en <br /> <br />ft. ~ ~..I ,... <br />K. Mj.C~ 0 ivo;t <br />~1l'fI /l nl",w~ <br />STATE OF NEBRASKA I C risty . Oliver <br />j... <br />COUNTY OF I <br /> <br />On this _ day of , 19 _ , before me, a notary public in and for said county, personally came <br /> <br />of ' and " known to me to be the identical persons wh~ <br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act and dead, 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 />STATE OF NEBRASKA <br />COUNTY OF HAl I <br /> <br />NofV)'PuDhc <br /> <br />"'r~.~~ <br /> <br />I <br />Iss. <br />) <br /> <br />'13\ On this2.Dd.... dayot ~p~~Pmhpr . 19.88- ",before me, a notary public /n and for said county, personally cama K Mi rh;:lp 1 01 iv,er <br />j and Christv R. 01 ver. husband ana wife ,known to ma to be the Identical persons who <br />Cl signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary acl and deed. <br />f'i) WITNESS my hand and notorlol seol on /his /he day and year tast ebeve writ/en. <br /> <br />(SEAl) <br />i <f) <br />1 :~~f1i- <br />~:r 1'1~::J <br />~ ~l!l~~ <br />'1 ,"'~"'~~ <br />i CO ~'" <br />~oo t:!6 <br />en", <br /> <br />.,. <br />~ <br /> <br />5! <br />s:: <br />-= <br /> <br /> <br />1 ) /(2~.;.,(dii 'lJ ) <br />NotartPur.~ I <br /> <br />/"- <br />,/,-,,'~~-~...... <br /> <br />---...... <br />~..-- <br />............ <br /> <br />., -, L <br /> <br />"'r c:ommuson ""potIll <br /> <br />... <br /> <br />~~ <br />.... <br />(;.. \. <br /> <br />A.. <br />t:<< <br /> <br />CD <br />~ <br />