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<br />'. <br /> <br />Id! Bonolu,w'Y moy o'oc' to causa rho Trusl Proporry or any pOri ~!:: b~!9 9Ji 10~owor 01 solo, and In such ovont, <br />Boneficiary or Trustee shall givo suCh oot;.:o 01 dofault and noticD 01 saiD as may bo thon roqulrod by law. Theroafter, upon rho <br />oKpiratlon of such time and tho givmg of such notice of salo 8S may thon bo required by law, TrustoD. at tl10 timo and place spoclfied <br />by the notice of salo, shall soli such Trost Property, or any part thBroof spocified by Bonet/clary, at public auction to rho hlghost <br />bidder (or cash In lawful money 01 the Unlrod Staros of America. Upon roco/pt of payment o( tho price bid, TrustBD shall apply tho <br />proceeds in tho following order: (iJ to tho cost and oxpenses of oxorclsing tho power of safe and of the sa/e, Including bur not limited <br />to. troslOO'S lees or not more than $500.00 pfus one-half of ona percent of the gross sale price, end reasonable attorney tees, (II) to <br />lhe/ndabtedness. and (Iii) the excess, jf any, to the person or persons legally ontitled theroto. <br />All costs and expenses incurred by Beneficiary In enforcing any right under rhis Deed of Trust, Including without limitation, abstract or tJt/e <br />fees, appraisal fees, premiums for title insurance, attorney fees and court costs, shaff be and constilute Indebtedness secured hereby, <br />27, DuUes ot Trusteo, Truslor agees that: <br />(a) Duties and .obligations of Trustee shall be determined 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.of Trust shall require Trustee ta expend or risk its.Dwn funds, or otherwise incur any financial abflgation in <br />the performance of any at its dutias hereunder, or in the exorcise .of any of Us rights or pewers. <br />(e) Trusree may consult with caunsel .of its own choasing and the advise .of such counsel shall be full and complete authorization and <br />protectian in the respect of any acrion taken or suffered by it hereunder In good faith and reliance thereon, and <br />(d) Trustee shall not be liable/or any action raken by it in good faith and reasonably be/leved by it to be authorized or wIthin its <br />discretion or rights or powers con/erred upon It by this Deed .of Trust. <br />28. Security Agreement and Fixture Flfing. This Deed of Trust shall constitute a security agreement and fixture tiling under the provisions of <br />the Nebraska Uniform Commercial Code with respect to rhos9 fixtures described in the preambles hereof as constituting a part .of the <br />Trost Property, together with all other property of Trustor, either similar or dissimilar to the samB, new or hereafter ioeated at or on the <br />Trust Proparry, ' <br />29. Future Advances. Upon request of Trustor. Beneficia!}'. at Beneficiary's option, prior to full reconveyance of the Trust Property by <br />Trustee to Trusror, may make future advances to Trustor. Such future advances, with Interest thereon, shall be secured by this Deed of <br />Trust. At no tfme shall the principai amounr of the Indebtedness secured by rhls Deed of Trust, not including sums advanced ta protect <br />the security. exceed the toral sum of $ 600 I 000 I 00 . Advances of disbursements made by Beneficiary to protect the security, <br />under the terms hereof, white discretionary, shall not be deemed to be optional advances. <br />30. Reconveyance. Upon payment of alllndebredness secured by this Deed of Trust, Beneficiary ~hall rp~!Jest Trustee to reconvey the <br />Trost Property and shafl surrender rhls Deed .of Trusr and aI/ noles evidencing Indebtedness secured by this Deed .of Trust to Trustee. <br />Trus;ee shall reconvey the Trust Property withour warranty and without charge to Ihe person or persons legally entitled thereto. Such <br />person or persons shall pay all costs of recordation, if any. <br />31. Substitute Trustee. Beneficiary, ar its option, may from time ro 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 shefl succeed 10 all tille, power and duties conferred upon Trustee herein and by applicable law. <br />32. Miscellaneous Rights of Beneficiary. Beneficiary may at any rime and from rime to time, without netlce, consent to rhe making of any <br />plat of the Trust Property or rhe creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to <br />alter or amend the terms 01 this Deod 01 Trust. Any porsonol proporry remaining upon tho Trust Proporry eltor the Trust Proporry hos <br />been possessed or occupied by Beneficiary, its agent or any purcha"~er following Trustee's sale, foreclosure, or under any deed In lieu <br />of Trustee's sme .or foreclosure, shall be conclusively presumed 10 have been abandoned by Trustor. <br />33. Natice to Trustor. Trustor hereby requests that a copy of any notice .of defrJuft and notice of safe made or executed by Trustee pursuant <br />to the provisions hereof be sent to Trustor at its maiflng address sel fonh hereinabove. <br />IN WITNESS WHEREOF, this Deed of Trust has been duly executed the day and year first above written. <br /> <br />'if;;:JJi,,)#j , <br /> <br />i'k~51t:>tNr <br /> <br />STATE OF NEBRASKA <br />CDUNTYOF t?c.wIUD <br /> <br />) <br />)ss, <br />) <br /> <br />Onl11m /'7 doy 01 A"'~IO I ,19.t f ,belore me, 0 notary public tn and lor said county, per,;pnolly ~oma pJ"fN 0 <br />-,- ~,.~ and ~n*'S~ ~ <br />of ~ .s: d c. .' " known to me to be the identical persans wh~ <br />sign&d the foregoing Deed of Trust and aCknowledged the execurion thereof ro be their voluntary ael. and deed, and the voluntary act and <br />deed of sErid corporatian. <br />WITNESS my hond and notanal seol on thIS the doy and yoar last obove wnften, <br /> <br />_~-4 ~;:;;t <br /> <br />6~ff-9'" <br /> <br />(SEAL) <br /> <br />J:1II1'.'\ .r.l'Rv S.", of .",...11 <br />RONALD A. NIEMOTH <br />",_bp.JunolSoIIll2 <br /> <br />Mr comtmnlOtlllKP"1" <br /> <br />STATE OF NEBRASKA <br />COUNTY OF <br /> <br />) <br />)ss, <br />) <br /> <br />On this _ day of , 19 _, before me, a norary public tn and for said county, personally came ' <br />and ' known to me 10 be rhe identical persons who <br />signed rhe foregoing Deed of Trust and acknowledged the execution thereof 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 />ISEAL) <br /> <br />NoO/IIl'Publ<c <br /> <br />L <br /> <br />!!J.fJ <br />*5'~ <br /> <br />~hr\l':'~ p..,..~ "'~"."l~ <br /> <br />~. <br /> <br />M;~.P;;;---- <br /> <br />... --;, - .-oj <br /> <br />OMAHA, ~I\A '9}O3 <br />I " 1Ut(/.~.:lq <br />~,'l <br />