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<br />88- 106040 <br /> <br />(d) Beneflclery may elecllo ceuso Ihe Trusl Property or any perf Ihereof 10 be sold under Ihe power or sale, end In such event, <br />Beneficiary or T'~slee shall give such noflce of default and notlco of sale as may be rhen required by lew, Thereeller, upon Ihe <br />expiration of such time and Ihe gIving ot such notice of sale as may Ihen be required by law, Truslee, at Ihe time and place specified <br />by Ihe nollce of sale, shatl sell such Trust Property, or any part Ihereof specified by Beneficiary, at public aucllon 10 the highest <br />bidder for cash In lawful money of tha Unltad Srates or Amerlce. Upon receIpt of paymenl of the price bid, Trustee shell apply the <br />proceeds In the following order: (I) to the cost and expenses at exercising tha power of sala end ot the sele, Including bul nollimlted <br />ro, trustee's fees or not more Ihan $500.00 plus one,half ot one percenl ot the gross sale price, and reasonable a/lomay faes, (Ii) 10 <br />the Indebtedness, and (Iii) the excess, it any, to the person or persons legally enlltled thereto. <br />Afl costs and eKpenses Incurred by Beneficiary In enforcing any right under Ihls Deed of Trust, Including wllhout IImltallon, abstract or IIlIe <br />lees. appralsel fees, premiums for IIlIe Insurance, attomey fees and courf costs, shall be and conslltute Indebledness secured hereby. <br />27. Duffes of Trustee. Truslor agees Ihal: <br />(a) Durles and obllgallons of Trustee shell be delermlned solely by rhe express provIsions of this Deed of Trust and Trustee shall nol be <br />Ileble eKcept for rhe performance of such dulles and obllgallons as are specifically set forth herein, and no Implied covenents or <br />obllgallons shall be Imposed upon Truslee, <br />(b) No provision of Ihls Deed of Trust shall require Truslee to eKpend or risk its own funds, or otherwise Incur any financIal obligation in <br />Ihe performance of any of its dulles hareunder, or In rhe exercisa of any of lIs rlghls or powers. <br />(c) Truslee mey consull with counsel of its own choosing and the edvlse of such counsef shall be full and complete eUlhorlzallon and <br />protecllon In the respect of any action taken or suffered by it hereunder in good faith and refiance thereon, and <br />(d) Trustee shell nol be Ileble for any eCllon taken by il in good faith end reesonably believed by It to be authorized or within its <br />dlscral/on or rlghls or powers conferred upon It by this Deed of Trust. <br />28. Security Agreemenland Fixture Filing. This Deed of Trust shall conslllule a security agreement and fixture filing under Ihe provisions of <br />the Nebraska Uniform Commercial Code with respect to those flxlures described In the preambles hareof as constltuling a parf of tha <br />Trust Property, together with all other property of Trustor, either similar or dissimilar to the same, now or hereafter located alar on the <br />Trust Property. <br />29, Future Advances, Upon requesl of Truslor, Beneficiary, at Beneficiary's opllon, prior ro full reconveyance of the Trust Property by <br />Trustea ro Trustor, may make fUlUre advances 10 Truslor. Such fulure advances, wilh interest thereon, shall be secured by this Deed of <br />Trust. At no lime shalllhe principal amount of the Indebledness secured by this Deed of Trust, not Including sums advanced to protect <br />the security, eKceed the total sum of $ nonR. Advances of disbursements made by Beneficiary ro protect the security, <br />under Ihe terms hareof, while discretionary, shall not ba deemed 10 be optlollal advances. <br />30. Reconveyance. Upon payment of all fndebtedness secured by Ihls Deed of Trust, Beneficiary shall request Truslee ro reconvey the <br />Trusl Property and shall surrender this Deed of Trusland all notes evidencing fndebtedness secured by this Deed of Trusl ro Trustee. <br />Truslee shell reconvey the Trusl Property without warranty and withoul charge 10 Ihe person or persons legally entllled Iherero. Such <br />person or persons shall pay all Cosls of recordation, if any. <br />31. Subslltule Trustee. Beneficiary, al its opllon, may from lime to lime remove Trustee and appoint a Successor Trustee to any Trustee <br />appointed hereunder by an Instrument recorded In Ihe 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 dulles conferred upon Trustee hareln and by eppllcable law. <br />32. Miscellaneous Rights of Beneficiary. Beneficiary may at eny lime and from lime 10 time, without notice, consent ro Ihe making of any <br />plat of Ihe Trust Property or Ihe creal/on of any easemenl thereon or any covenanls restricting use or occupency thereot or agree to <br />altar or amend the terms of Ihls Deed of Trust, Any personal property remaining upon the Trust Property after Ihe Trusl Property has <br />been possessed or occupied by Beneficiary, its agent or any purchaser following Truslee's safe, foreclosura, or under eny deed In fleu <br />of Trustee's sale or foreclosure, shall be conclusively presumed to have been abandoned by Trustor. <br />33. Notice to Trustor. Trusror hereby requests thet a copy of any nollce of default and notice of safe made or aKecuted by Truslee pursuanl <br />ro the provisions hereof be sent to Trustor at /Is meillng address set forfh hereInabove. <br />IN WtTNESS WHEREOF, this Dead of Trusl has been duly eT ;;7~t above written. <br /> <br />~ld ~. ~J 'Y? n. _ <br />STATEDFNEBRASKA) Louise Ann Purdy u <br />)ss. <br />COUNTY OF ) <br /> <br />On this _ day of , 19 _, before me, a nOlary public In and for said county, personelly came <br /> <br />of ' and " known ro me to be the Idenllcal persons wh~ <br />signed the foregoing Deed of Trust and ecknowledged the execuffon 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 the day and year last above written. <br /> <br />(SEAL) <br /> <br />Notv( PublIc <br /> <br />Mycommiuion explrel: <br /> <br />STATE OF NEBRASKA <br />COUNTY OF HALL <br /> <br />) <br />)ss. <br />) <br /> <br />On this --2.!Way of Nnvpmhp,. . 19..B1L. before me, a not8!Y public in and for said county, personally came Rona] d E Pllrd.y <br />.and Tmd~p Ann 'PnTr1y, huch::anN ~nrJ 1".J;f".,. ,knowntometobetheidenticaJpersonswho <br />sIgned the foregoing Deed of Trusl and acknowledged the eKecutlon thereof to be theIr volunlary act and deed. <br />:::: WITNESS my hand Rnd notarial seal on Ihis the day and yaar last above written. . <br /> <br />~"~t?h. d~ <br />'7-;{ - r d..- <br />Mycorn'n1ssJonllllrpiru <br /> <br />:(SEAL) <br /> <br />\ill!BN. 1llU'/,SIJII at idIasD <br />- llilll MARGARET M.lIll.LOtI <br />~ *' eo,.... Ell' 10111 2. 19R <br />