<br />r
<br />
<br />(d) Benaficlary may elacl to cavsalha Trusl Proparty Dr any part thareol to ba sold undar the pawer al se~~,;;;'in su! Q.Rt! 6 t!
<br />Benaficlary or Trusree shall give such nollce 01 deleuff and notlc,a 01 sale as may ba Ihen required by law. Tharealler. upon Iha
<br />expiration 01 such time and Ihe giving 01 such nollce 01 sala as may Ihan be required by law. Truslae. al the lima and place spevl<<ad
<br />by the noIIee at sale. shall sell such Trusl Property. ar any part Ihareol specl<<ad by Benel/clary. at public avctlan la the hlghasl
<br />bidder for cash In lawful money 01 tha United Statss 01 America. Upan recelpl 01 paymenl ollhe price bId. Trustse shall epply Iha
<br />proceeds In the following order: II) to Ihe cost and expenses al exercIsing the power al sala and 01 the sale, Including but nolllmltad
<br />to, trustee's fees or not more than $500.00 plus one-he" 01 one percent of the gross sate price, and reasonable attorney fe8s, (II) to
<br />the Indebtsdnass. and 1111) the excess, "any. to the person ar persans legelly entitled thereto.
<br />Ail costs and expenses Incurred by Benel/clary In enforcing eny righl under this Deed of Trusl. Including wlthoulllmltallon, abstract ar IItle
<br />fees, appralsel fees. premiums for title Insurence, allOmey feas and court costs. shell be and constitute Indebledness secured hereby,
<br />27. Dutfes of Trusree. Trustor agees Ihat
<br />(a) Dutfes end abligal/ans 01 Trustse shall be dalermlned solely by the express provisions al this Daed of Trust and Truslee shall not be
<br />liable excepl for the pertormence 01 such duties end obllgel/ons as are spaclfically set larth herein, and na Implied cavenents Dr
<br />obl/gel/ons sheil be Imposed upon Trustse.
<br />(b) No prows/on of this Deed of Trust shalf require Trustee to expend or risk Its own funds. or otherwise fncur any financial obligation in
<br />the perfannrmce of any of Its duties hereunder, or in the exercise of any of its rights or powers.
<br />(a) Trustee may consult with counsel of Its own choosing and the advise of such counsel shall be full and complete Buthorlzatlon and
<br />protection in the respect of Bny Bction takan or suffered by It hereunder In good faith and reliance thereon. and
<br />(d) Truslee shall nol be liable for any acUon taken by It In good faIth and reasonably bolleved by It to be euthorized or within Its
<br />dlscrel/on or rights or powers conferred upon It by this Deed af Trusl.
<br />28. Security Agreament end Fixture Filing, This Deed af Trust shall constitute a security agreamen/and tixture I/lIng under Ihe provisions 01
<br />the Nebraska UnHorm 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 slmlfar or dlssimflar to the same, now or hereafter Jocared at or on the
<br />Trust Property.
<br />29. Future Advances. Upon request o( Trustor. Beneficiary, at Beneficiary's option, prior to full"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 Deed of
<br />Trust. At no time shalf the principal amount ~f the Indebtedness secured by this Deed of Trust, not including sums advanced to protect
<br />the security, exceed the total sum of $ . Advances of disbursements made by Beneficiary to protect the security,
<br />under the tenns hereo', while discretionary, shall not be deemed to be optional advances.
<br />30. Reconveyance. Upon payment 0' alllndebtednass secured by this Deed of Trust, Beneficiary shall request Trustee 10 reconvey the
<br />Trust Property and shall surrender this Deed of Trust and ail notes evidencing Indebtedness secured by this Deed of Trust to Trustee.
<br />Trustee shaJi reconvey the Trust Property without warranty and without charge to the person or persons legally entitled thereto. Such
<br />person or persons shall pay sli costs of recordation, If any.
<br />31. Substitute Trustee. Beneflclaty, 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 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 duties conferred upon Trustee herein Gnd by applicable law.
<br />32. Miscellaneous Rights of BeneficlEUy. Beneficiary may at any time and from time to time, without notice, consent to the making of any
<br />pfat ot the Trust Property or the creation of arJy easement thereon or any covenants restricting use or occupancy thereof or agree to
<br />eller Dr amend the tsrms of Ihls Deed al Trust. Any parsvnal property remaining upon the Trust Property afler the Trusl Property has
<br />been possessed or occupied by Beneficiary, its agent or any purchaser following Trustee's sale, forecfosure, 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. Notics to Trustor. Trustor hereby requests that a copy 0' any notice of default and notice of sale made or executed by Trustee pursuant
<br />10 the provlslans hereof be senl to Trustor at Its mailing address sel farth h~relnabove.
<br />IN WITNESS WHEREOF. Ihls Deed of Trusl has been duly execulad the day and yaar nrsl abava written.
<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 snd for said county, personally came
<br />. and ' '
<br />al . known to me 10 be the Identical persons who
<br />signed the foregoing Deed al Trusland acknawladged Ihe executlan thareaf 10 be their voluntary ecl end deed. and the voluntery eCland
<br />deed 01 seid carparal/on,
<br />WITNESS my hend end notariel seal on this the day end year last above wriflen,
<br />
<br />(SEAL)
<br />
<br />Not.ryPr;bIk;
<br />
<br />Mr COIIlmaslon upiIu
<br />
<br />STATE OF NEBRASKA
<br />COUNTY OF llALL
<br />
<br />)
<br />)ss.
<br />)
<br />
<br />On rhlsLLdsyof nc t,.,J,~r ,19 tiS, beforame, a notsrypubllcin and for said county, personallycsmeKirk W. Hooker ,
<br />and Charlene A. Hooker , known to me to be the Identical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act snd deed.
<br />WITNESS my hand and notarial sesl on this the day and Y08r last above written.
<br />
<br />I
<br />L-
<br />
<br />fJ.....L LJ 14-1,
<br />NotvyPutllic
<br />
<br />;:;'hr ~ ~'f ~ / J9 9 2-
<br />"'~COlllmlU'l)"..prIll'
<br />
<br />(SEAL)
<br />
<br />g::=~
<br />
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