|
<br />I
<br />RE.RECORDEO 88- 105423 li6-.106072
<br />(dJ BenoflClary may oloct to causa tho Tn/sl Proporty 01 any pan thorool to be sold undor tho powor of solo, and In such ovollt,
<br />Bonoficiary 01 TrusteD shall glvo such nott~o or dofault and nollcn of solo as may be lIlDn roqulrod by law. Thoroahor. upon tho
<br />oxpiration 01 such timo and rho glvfng of such notice of solo os may thon be requlrod by low, Trustee, ar tile limo and placo spoclflod
<br />by rho noNe. 01../., .h.,I.olI such Trust Prop.rty, or .ny part/hareo' spaclriod by B.nol/clary. 0/ public auction to tha h/ghost
<br />bidder for cash in la",,"' monoy 01 /ha Unll.d S/aros 0' Am.ric.. Upon reca/pl 01 paymonl 0' rho pric. bid, Trusl.o shall apply tha
<br />proceeds in the following ordor. (i) to tho cost and oxpenses of sKore/slng tho power of sole and of tho sate, Including but nor Ilmitod
<br />to, rrustes's taBS or not more than 5500.00 plus ono-hall of one porcent ot the gross solo price, and reasonable attorney (oos, (II) fa
<br />the Indebtodnoss, and (iilJ the excoss, it any, to the person or persons legally entitled thereto.
<br />All costs and expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, Including without /imltetlon, abstract or tllle
<br />fees. appraisal fees, premiums for title insurance, attorney fees and courf costs, shall be and constitute Indebtedness secured hereby.
<br />27. Duties 01 Trustoo. Trustor aga.s that:
<br />(a) Duti.s and obl/gal/ons 01 Trus/.. shall b. dat.rmin.d sola'y by tha ..press provisions 01 this D.ad 01 Trusland Trustaa shall nor b.
<br />liable except for rhe performance of such duties and obllgatJons as ara spacJlicalfy set forth herein, and no Implied covenants or
<br />obligations shall be imposed upon Trustee,
<br />(b) No provision of this Deed of Trust shalf 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 of its rights or pOWCIfS.
<br />(c) Trustee may consult with counsel of its own choosing and the adlliso 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 Gode with respect to those fixtures described in the preambles 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 or hereafter located at or on the
<br />Trus/ Property.
<br />29. Future Advances. Upon request of Trustor, Bene#clary, 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, shal/ 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 of $ ?t; 000 00 . Advances of disbursements made by Beneficiary to protect the security,
<br />under the terms hereof, while discretionary, shall not be deemed to be opt/ana/advances.
<br />3D. Reconveyance. Upon payment of aI/Indebtedness secured by this Deed of Trust, Beneficiary shaff 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 Trustee
<br />1rustee 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 lecordatjon, jf any.
<br />31. Substitute Trustes. Beneficiary, a! its option, may from time to time remove Trustee and appoint a Successor Trustee to any Trustee
<br />appointed hereunder by an instrument recorded 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 dulies confef'1ed upon Trustee herein and by applicable law.
<br />32. Miscelfaneous Rights of Beneficiary. Beneficiary may at any time and from time to time, without notice, consent to the making 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 />alter or amend the terms of this Deed of Trust. Any personal property remaining upon the Trust Propf:rty after the 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 have been abandoned by Trustor.
<br />33. Notice to TruStOl. Trustor hereby requests that a copy of any notice of defaulland notice of sale made or executed by Trustee pursuant
<br />to the proviSions hereof be sent to Trustor at Its mailing address set forth hereinabove.
<br />IN WITNESS WHEREOF. thIS Deed of Tlt1sr has been duly executed the day and ye,- first above van.
<br />
<br />STATE OF NEBRASKA
<br />COUNTY OF HALL
<br />
<br />)
<br />)ss
<br />/
<br />
<br />
<br />D. Coffin
<br />Mae E. Coffin
<br />
<br />On this _ day of , 79 _ , before me, a notary public in and for said county. pe1Sonally 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 thetr voluntary act and deed, and the voluntary act and
<br />deed of said corporation.
<br />WITNESS my hand and notanal seal on thIS the day and year last above written.
<br />
<br />rSEAL)
<br />
<br />NalIll)'PubJtC
<br />
<br />Mr eomttIfJaIOn IUPrlU
<br />
<br />STATE OF NEBRASKA
<br />COUNTY OF IJ II / I
<br />
<br />I
<br />)ss.
<br />)
<br />
<br />i
<br />On th's~d , 79 if'- ,before me, a notary public in and fol said county. personal/yearns L.fArr, '"D, (C-A"I_.
<br />and ' known to me to be the Iden ical persons who
<br />signed rhe Ioregoing Deed of Trust and acknowledged the execution the190f to be their voluntary act and deed.
<br />WffNESS my hand and notarial seal on this the day and year last above wntten.
<br />
<br />----,,-
<br />CUll!lIW, MICIllY
<br />1Ir~r.Fa"I.
<br />
<br />(2~ lL) M..,f...
<br />1Ilc>t..... Public )
<br />
<br />u,Ci.1:.::..,;:.r1 ({, J98~
<br />
<br />[SEAL)
<br />
|