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<br />.- <br /> <br />Idl Bfrno/rcloll' mfry o/frcI to couso rho TrUSI Proporty or ony parr thomol to bo sold undor 1110 powor 01 B~-;;; in s!cgo~o~ 2 5 <br />Bonoflclory or Tn/stoe shall glllo such notice of default and notice of sole as may bo thon roqUlred by law. nlorooftor, upon tho <br />expJration of such time and rho giving 01 such notlco of solo 8S may then be roqulred by law, TrusteD, ollhe tlmo and ,J/oeD !Jpoclflod <br />by rho notice of sa/o, shall self such Trust Proporty, or any part thoreof spocified by Beneficiary, ot pubflc auctIon to tho highost <br />bldder for cash in lawful money of the Un/red States of America. Upon recolpt of payment of the price bid, Trustee sha/loppfy tho <br />proceeds," the following order: (I) to tho cosl and oJCpenses of exerclsmg tho power oj sale and of tho solo. Including but not IImlred <br />to. rrostoo's fees or not more thon $500.00 plus one-half of one percent of the gross saJe price, and reasonable attorney fees, (II) to <br />the tndebtadnass, dnd (ill) the excess, if any, to the person or persons legally enfil/ed thereto. <br />All costs and expenses incumd by BenefiCiary in enforcing Bny right under this Deed of Trust, Including without IImltal/on, Abstract or title <br />fees, appraisal fees, premiums for title insurance, attorney fees and court costs, shall be and constitute Indebtedness secured hereby. <br />27. Duffas of TrUSlafr. Trustor ogees that: <br />(a) Duties and obligations of Trustee shaJl be detennined solely by the express provisions of this Deed of Trust and Trustee shall not be <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 or Trust shall require Trustee to expend or risk its own funds, or otherwise incur Bny financial obligation in <br />the perfonnance of any of its duties hereunder, or in the exercise of any of its rights or powers. <br />(c) Trustee may consult with counsel o( its own choosing and the advise of such counsel shall be full and complete authorization and <br />protection in 'he respect of any action taken or suffered by it hereunder in good faith and retiance thereon, and <br />(d) Trustee shall not be tiable 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 Fi>lture 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 hereof as constituting a part of the <br />Trusl Property, logether with alf other property of Trustor, either similar or diSSImilar to the same, now or hereafter located at or on the <br />Trust Property. <br />29. Future Advances. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to fuff rec:onveyance of the Trust Property by <br />Trustee to Trustor, may make future advances to Trustor. Such future advances, with interest thereon, sha" be secured by this Deed of <br />~'::~~:~~~,ti:;~::;I:hZ~!:r:~~:;':'o~~'iu8b ?~B& ~nc18bte~~e::a~~~~r~1 ~:~~~~~;;:~~'::~:t'b~o~~~~~~~~~ ~~~~o~:~~~~e:e~u~~,tect <br />under the terms hereof, while discretionary, shaJl not be deemed to be optional advances. <br />30. Reconveyance. Upon payment of al/ 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 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 alf costs of recordation, if any. <br />31. Substitute Truslee. Beneficiary, at ils option, may tram time to time remove Trustee and appomt a Successor Trustee to any Trustee <br />appointed hereunder by an inslrument recorded in the county in which rhis Deed of Trust is recorded. Without conveyance of Ihe 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 lime 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 tenns of this Deed of Trust. Any personal property remaining upon the Trust Property 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 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 sent to Trustor at its mailing address set forth heremabove. <br />iN WITNESS WHEREOF, this Dead of Trust has been duly executed the~~e: first abo.ve wpuen. .' <br />v I) C,.... / <br /> <br /> <br />arry 0 n <br /> <br />STATE OF NEBRASKA ) <br />)ss. <br />COUNTY OF __ ) <br /> <br />On this _ day of , 19 _ , before me, a notary publIC In and tor 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 deed, and the voluntary act and <br />deed of said corporation. <br />WITNESS my hand and notarial seal on this rhe day and year last above written. <br /> <br />(SEAL) <br /> <br />NOll.,.. Pub/I{; <br /> <br />"'~com""s:uone.p"es <br /> <br />STATE OF NEBRASKA <br />COUNTY OF HALL <br /> <br />) <br />)ss. <br />) <br /> <br />On trois ~ day of Seotember , 19 JtlL, before me, a notary public in and lor saId county, personally came Larry D. Coffi~ <br />and ' known to me to be the Identical persons who <br />signed [he foregoing Dsed of Trust and acknowledged the execution thereof to be their voluntary act and deed. <br />WITNESS my hand and notarial seal on Ihrs tho day and yoar last above wnnon - ~ <br /> <br />(SEAL) ~r,A <br /> <br />riii ._ LHOIrAllDI ~~-.tY9P <br />hIlP~-=:: <br />