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<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 />