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<br />r <br /> <br />(d) Beneficiary may e/ectta cevse the Trust Prope1ly or eny pe~ therealta be said under the pawer alse~Q.;din su! 9.!~t7 61 <br />BeneficJery or Trustee shell give such natlce 01 delault and nellce 01 sala as may be then required by lew. Thereener, vpan the <br />explreflon 01 such lime and the giving a' such nollce 0' sale es may then be required by law, Truslee, at the lime and piece specified <br />by file nallce 01 sele, shall sell such Trust Props1ly, or any pe~ thereo, specified by Benellclary, al public avcllon ta Ihe highest <br />bidder lor cash in lawful money 01 the UnltOO States 0' Ame~ce. Upon receipt 0' payment 01 the price bid, Trustee shall apply the <br />proceOOs In tha following order: (I) to tha C/lSt and expenses olexen;ls/ng tho powor 01 solo and allhe se/., Including bur no' IImlled <br />to, rrusree's fees Dr not mOl'9 than $500.00 plus ons-ha" Of Dna percent of the gross 8a1a price, and reasonable attorney fe8s, (11) to <br />file Indabtedness, and (III) file excess, /I any, to the persan or persons legally enlltled thereto. <br />All coslS and expenses Incurred by Benefic/ery In enforcing eny right under fills Deed 01 Trust, Including wllhovt IImltetlan, ebslract ar IIl1e <br />feBs, apprelsel lees, premlvms for IIl1elnsurence, etromey lees and court coslS, shell be and canslltute Indebtedness secured hereby. <br />27, DutIes of Trustee. Trustor egees that: <br />(a) DutIes end obllgellons 01 Trustee shall be detennlnod solely by Ihe e.press provisions 01 this Deed al Trusl and Trustee shall not be <br />liable except for the performance of such duties and obligations as are specifically set forth here/nj and no Implied covenants or <br />obllgallons shell be Imposed vpan Trustee, <br />(b) No provision of this Deed of Trost 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 of its rights or powers. <br />(e) Trustee may consult with counsel of its own choosing and the advise of such counsel shall be fuJ/ and completB authorizatian and <br />protection In the respect of any action takan or suffered by It hereunder in good faith and reliance thereon, and <br />(d) Trustee shell nat be liable lor eny acllon teken by It In good Ialth and reasonably b.,leved by It ta be autharlzed or wlfllln lis <br />discretion or rights or powers conferred upon It by this Deed of Trust. <br />28. Security Agreement and Fixture Filing, This Deed of Trusl shall consflrute a security agreement and lI.rure IIlIng vnder the provisIons 01 <br />the Nebreske Uniform Commen;/el Cade with respect to those fixtures described In the preamblos hereof as oooslllutlng e part althe <br />Trust Property, together with all other property of Trustor, either similar or dlsslmller to the same, now or hereafter focared at or an the <br />Trust Prope1ly. <br />29. Future Advances. Upon request of Trustor, Benefic/ary, at BenaOc/ary's option, prior to fufJ.,econveyance 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 Daed of <br />Trust. At no time sha// the principal amount of the Indebtedness secured by this Deed of Trust, not Including sums advanced to protect <br />the security, exceed the totel sum of $ . Advances of dIsbursements made by Beneficiary to protect the security, <br />under the terms hereof, while discretionary, shalf not be deemed to be optional advances. <br />30. Reconveyance. Upon pliyment of alllndebtednass secured by this Deed of Trust. Beneficiary shall request Trustee to reconvey the <br />Trust Property and shall su"ender 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 recordation, 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 hereunder by an Instrument recorded In the counly In which this Deed of Trust Is recorded. Without conveYl:nce of the Trust <br />Property, the Successor Trustee shall succeed to all title, power and duties conferred upon Trustee herein snd by applicable law. <br />32, Miscellaneous Rlghls of aenaflclary, aenallc/ary mey at eny flme end from time to time, wlthaut nallce, consent to the making 01 any <br />plat of the Trust Property or the creation of 8I1Y easement thereon or any covenants restricting use or occupancy thereof or agree to <br />alter or amend the terms or this Deed of Trust. Any personel prope1ly remelnlng upan the Trust Prope1ly elter the Trust Prope1ly hes <br />been possessed or occupied by Beneficlaty, Its agent or any purchaser following Trustee's sale, foreclosure, or under any deed In lieu <br />of Trustes's sa/s 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 notice of sale made or executed by Trustee pursuant <br />to the provIsions hereof be sent to Trustor at Its mailing address set forth hdrelnabove. <br />IN WITNESS WHEREDF, this Deed al Trust hes been duly executed the doy and year "rslebave wrlnen, <br /> <br />STATE OF NEBRASKA <br />COUNTY OF _ <br /> <br />) <br />)ss, <br />) <br /> <br /> <br />On this _ day of . 19 _, before me, a notary public In and for seid county, personally came <br />,and . ' <br />of ' known to me to be theldentJcal persons who <br />signed the foregoing Deed of Trust and acknowledged the e.ecutlon thereof to be their voluntary act and deed, end the voluntary act and <br />deed 01 said corparallon. <br />WITNESS my hend and natarlal seel on this the dey and yeer lasl above wrlllen, <br /> <br />(SEAL) <br /> <br />"""""""'" <br /> <br />Aly commiuJon .:.pI,.l; <br /> <br />STATE OF NEBRASKA <br />COUNTY OF HALL <br /> <br />) <br />)ss, <br />) <br /> <br />On th/sLLdsy'of rJc t..,J,Lr ,19 88, before me, a notelY public in and for said county, personally cameKirk W. Hooker , <br />and Charlene A. Hooker , known to me to be the identical persons who <br />signed the foregoing Deed of Trust end acknowledged the execution thereof to be their voluntary act and deed. <br />WffNESS my hand and notarial seal on this the day and yeST last above written. <br /> <br />(/....-:6 LJ'1J 1, <br />NoI...,Public <br /> <br />F::.hr.........'y t.I'I92- <br />J,lyeOOlmllllOfl..pJrIrJ . <br /> <br />(SEAL) <br /> <br />I <br />'-- <br /> <br />\&E:El <br />