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<br />(d) Beneficiary may elect to cause the Trust Property or any part thereof to be sold under the power of sa~~;;djn !c9 ~e~, 31
<br />Beneficiary or Trustee shafl give such notice of default and notice of sale as may be then requlffJd by law. Thereafter, upon the
<br />expirarlon of such time and the giving of such notice of sale as may then be required by law, Trustee, at the time and place specified
<br />by the notice of sale, shal,' sell such Trust Property, or any part thereof specified by Beneficiary, at public auction to the hIghest
<br />bidder for cash In lawful money of the United States of America. Upon receipt of payment of the price bid, Trustee shaff apply the
<br />proceeds In the following order: (I) to the cost and expenses of exercising the power of sale and of the sale, Including but not limited
<br />to, trustee's fees or not more than $500,00 plus one-half of one percent of the gross safe price, and reasonable anorney fef:Js, (Ii) to
<br />the IndebfBdness, and (Iii) the excess, If any, to the person or persons legally entitled thereto.
<br />All costs and expenses incurred by Beneficiary In enfom/ng any right under thIs Deed of Trust, including without limitation, abstract or title
<br />fees, appralsBf fees, premiums for title insurance, attorney fees and court costs, shall be and constitute Indebtedness secured hereby.
<br />27. Duties of Trustee, TrustrJr agees that:
<br />(a) Duties and obligations of Trustee shalf 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 duUes 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 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 />(c) Trustee may consult with counsel of its own choosing and the advise of such counsel shall be fuff and complete authoriZation and
<br />protection in the respect of any action taken or suffered by it hereunder in good faith and reliance thereon, and
<br />(d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within its
<br />discretion or rights or powers conferred upon it by this Deed of Trust.
<br />28. Security Agreement and Fixture Filing. This Deed of Trust shall constitufe a security agreement and fixture filing under the provisions of
<br />tha Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof as constituting a pan of the
<br />Trust Propel'tr, together with all other property of Trustor, either similar or dissimilar to the same, now or hereafter located at or on the
<br />Trust Property.
<br />29. Future Advances. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to full reconveyance 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 shall the principal amount of 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 terms hereof, while discretionary, shall not be deemed to be optional advances.
<br />3D. Reconveyance. Upon payment of all Indebtedness secured by this Deed of hust, Benehc;ary shall request Trustee to reconvey the
<br />Trust Property and shall surrender 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 wa"anty and without charge to the person or persons legally entilled thereto. Such
<br />person or persons shall pay all cosls 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 hereundar 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 and by applicable law.
<br />32. Miscellaneous Rights of BenefiCIary. Beneficiary may at any time and from time to time, without notice. consent to the making of any
<br />plat of the Trust Property or tho creation of any easement thereon or any covenants restricting use or occupancy thereof Of agree to
<br />alter or amend the terms of this ()ged of Trust. Any personal property remaining upon the Trust Properry after the Trust Property has
<br />been possessed or occupied by Beneficiary, its agent or sny purchaser following Trustee's sale, foreclosure. 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. 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 mallmg address set forth here,"above~
<br />n~"w~ro'.~_._~_..,~ _ ~ .
<br />
<br />
<br />~__ ~ ___.1/1/1."'.4
<br />STATE OF NEBRASKA) l
<br />)ss.
<br />COUNTY OF )
<br />
<br />On this _ day of , 19 _ , before me, B notary pUblic in and for said county, personally came
<br />
<br />of ' and " known to me to be the identical persons wh~
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof fo 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 fast above written
<br />
<br />(SEAL)
<br />
<br />NOI.u,Pub/le
<br />
<br />Mr commlu"..... 'UPI'll'
<br />
<br />STATE OF NEBRASKA
<br />COUNTY OF HALL
<br />
<br />)
<br />)ss.
<br />)
<br />
<br />On this...1l. day of November , 19 ~, before me, a notary public In and for said county, personally came Charles E. Roeh,r1ch
<br />and Loretta A. Roehrich ,known to me to be the identical persons who
<br />signed the foregoing Deed of Trust and ack.nowledged the execution therBof to be their voluntary act and deed.
<br />WITNESS my hand and notarial seal on this the day and year last above written.
<br />
<br />ba==acl
<br />
<br />~w~'l
<br />.......-, \
<br />J:.; /'.. 'u J -k,-J q <j J-.
<br />M~(:(""",,,"')nI"Il".J (
<br />
<br />(SEALJ
<br />
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