|
<br />(dl Bonol1cJor( may o~~;~~~~~~~ T!s~;;oJPa~ ~,grool ro bo sold ~n~::o po!~~9.,~!ln suc', ovon/,
<br />
<br />Bonohclll1Yor Trustee she" glva such notice GJ default and notice 01 safe 8S may bo rhon roqulrod by law. Thoroaftor, upon tho
<br />oKpiflJrIon of such timo and tho giving of such nollCD or solo 8S may thon be required by law. TrustoD. at tho rime and ,n/aco spoclflod
<br />by rho notico 0' sa10, shall soIl such True' PropoTfy, or any pari Ihoroo' spocmod by Bonoticlor(, 01 public auction 10 rho /'Ighosl
<br />biddor lor cash in 'awful monoy 01 fha Unllod Stalas 0' Amalica. Upon rocalpl 0' paymonr 0' rho plico bid, Trusroo oholl apply rho
<br />proceeds in the following order. (I) to the cost and expenses of exercising rhe power of solo and of the sale, Including but not /lmltod
<br />to. tTUstee's fees or not more than S5OO.00 plus one.helf of one percent of the gross safe price, and reasonable sname}" foos, (II) to
<br />the Indebtedness, and (iii) tho excoss, if any, to rhe pOISon or persons legally entitled thereto.
<br />All costs and expenses Incurred by BoneOciary in enforcing any right under this Deed of Trust, Inciudlng without limitation, abstract or title
<br />fees. appraisal feos. premiums for title insurance, anomey fees and court costs, shall be and constitute Indebtedness secured hereby.
<br />27. DuUas 01 TrusfBO. Trustor agaas rhat:
<br />(a) Dutias and obligaUons 01 Trusraa shall bo dalorm/nod so/ely by Iha a.prass provisions of Ihls Daod 01 Trusf and Trusrao shall nof bo
<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 provision of this Deed of Trust shall require Trustee to expend or risk. its own funds, or otherwise incur any financial obligation In
<br />the performance of any of its duties hereunder, or In the exercise of any ot its rights or powers.
<br />(c) Trustee may consult with counsol of Its own choosing and the advise of such counsel shall be full and complete aulhorizatian 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 tak.en 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 fiXlure firing under the provisions of
<br />the Nebraska Uniform Commercial Code with respect to those fixtures described in rhe preambles hereof as constituting a part of the
<br />Trust Properly, togather with alf other property of Trustor. either similar or dissimilar to the same, now or hereafter located at or on the
<br />Trusr PropaTfy.
<br />29. Future Advances. Upon request of Trustor, Beneficiary, at Beneficiary's option, pn.or to futl 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 of the Indebtedness secured by this Deed of Trust, not including sums advanced to protect
<br />the security, exceed the lotal sum of $ 1" nnn nn Advances of disbursements made by Beneficiary to protect the security,
<br />under the terms hereof, whila discretionary, shalf nor be deemed to be optional advances.
<br />30. Reconvayance. Upon payment of aI/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 Trustes.
<br />Trustee shall reconvey the Trust Property without wa"anty and without charge to the person or persons legally entitled thereto. Such
<br />person or persons shall pay all costs of recordation. if any.
<br />31. Substitute Trustee. Beneficiary. at its aptian, may from time to time remove Trustee and appoint a Successor Trustee to any Trustee
<br />appointed hereunder by an instrument recorded In ttle county in which this Deed of Trust is recorded. Without conveyance of the Trust
<br />Property, the Successor Trustee shall succeed to all title, powsr 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 nolice, consent to rhe making of any
<br />plat of the Trust Property or the creation of any e8sement thereon or any covenants restricting use or occupancy thereof or agree to
<br />aller or amend the terms of this Deed of Trust. Any personal property remaining upon the Trust Property after the Trust Property lias
<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. shalJ be conclusively presumed to have been abandoned by Trustor.
<br />33. Notice to Trustor. Trustor hereby requests that a copy of any nolice of default and notice of sale made or executed by Trustee pursuant
<br />to the provisions hereof be sent to Trustor at its maifing address set forth hereinabove.
<br />IN WITNESS WHEREOF, this Deed of Trust has been dufy executed the day an year first abV wri n.
<br />
<br />STATE OF NEBRASKA
<br />COUNTY OF HALL
<br />
<br />)
<br />)ss.
<br />)
<br />
<br />
<br />On this _ day of . r9 _, be/ore me, a notary pubfic 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 Trusr and acknowledged the execution thereof to be their voluntary act and deed, and the voluntary Bct and
<br />deed of said corporation.
<br />WITNESS my hand and notarial seal on thIS the day and year lasr above written.
<br />
<br />(SEAL)
<br />
<br />Nora,., Plltwc
<br />
<br />MyCOt71moWPl'la'plllll
<br />
<br />STATE OF NEBRASKA
<br />COUNTY OF IL 1/
<br />
<br />)
<br />)ss.
<br />)
<br />
<br />On fhi~'{aYOf f)'1: J,~... . 1911f:t.aloro me, a norar(public In end for said county. pOlSonallycamal", 'l. {) c.ff,.,..
<br />and CI. <. r" . ..f f:,. ...... , known to me to be the Identi 81 persons who
<br />signed the torego;ng Dged of Trust and acknowledged the execution thereof to be thelf voluntary act and deed.
<br />W"NESS my nand and notarial seal on this the day and yesf last above wntten.
<br />
<br />----..-
<br />CUIIIIlW.1IICIlIY
<br />.. ....r...,..
<br />
<br />""'~~ tJ fJ~
<br />ii,f~-:;::.; y - 4-19 ~':l
<br />
<br />(SEAL!
<br />
|