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<br />r
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<br />(d) Benellclery mey el8cllo c.usethe Trust Property or .ny pert IIIerool ro be sold under the powe~~;;; eJ/nl,ft~
<br />Beneffcfary or Ttustee shall glvo such nof/co 01 de/au" and notice of solo os may be thon requlrod by law. ThefDaftof, upon tho
<br />expiration 01 such 11m. and the giving of such nollce 01 sale es moy rhen be reQulrad by lew, Truslee, ."ho lime end pl.ce specll/ed
<br />by ilia nolle a 01 sola, shell sail such Trust Property, or any pert Ihoreolspecll/ed by Benellclory, ot publlo aucllon to Ihe hlghosl
<br />blddar lor cash In lawful money 01 rhe Unllea Sreles 01 Amertce. Upon racelpt cl peyment cl Ihe price bid, Trusree shell epply rhe
<br />proceaasln Ihe ,.,Iowlng order: V) ro rhe coslend expenses 01 exercising the power 01 sele ena cl the sele, Including but nol limited
<br />to. tr"Jstee's 188S or not more than S500.0lJ plus one.half of one percent of 'he gross sale price, and reBsonable attorney feBs, (If) to
<br />the Indebtedness, and (III) the excess, If any, to the person or pSTSon9 legally onrJl1ed therelo,
<br />
<br />~~~.o::p:g;1(::~~:::~~~:r:o~~/::~~::Z~~ :~~O:;:;~e:~Y8~~h~%~:~~~~~ ~:~1 bO: ~~:~~~~~f,~:~~n~~t;~~~~~~~:~~~:dt~:~g;.tJtJe
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<br />27. DUl/es 01 TruslOe, Trusror agees Ihet:
<br />(a) Dulles and obllgellons 01 TruslOe shell be delermlned solaly by rhe express provisions 01 this Deed 01 Trust end Truslee shell nor be
<br />liable excepllor /he performance of such dlltles and obtlgatlons as are specll/catly set lorth herein, and no Implied covenents or
<br />obllgallons shall be Imposed upcn Truslee,
<br />(b) No provision o( this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur any financial obligatIon In
<br />the psrfonnance 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 full and complete authorization and
<br />protection in the respect of any action takan or suff,sred by It hereunder In good faith and reliance thereon, and
<br />(d) TruslOa shall not be liable lor any action taken by It In good faith and reesonably balleved by 1110 be authorized or within ilS
<br />discretion or rights or powers conferred upon it by this Dead of Trust.
<br />28. Security Agreement and Fixture Filing. Thl,o; Deed of Trust shall constitute a security agreement and fixture filing under the provisions of
<br />the Nebraska Uniform Commercial Code wilh 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 similar or dissimilar to the same, now or hereafter located at or on the
<br />Trust Property,
<br />29. Fuwre 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 prorect
<br />the security, exceed the total sum of $ . Advances of disbursements made by Beneficiary to protect the security,
<br />under the tenns hereof, while discretionary, shall nof be deemed to be optional advances.
<br />30. Reconveyance. Upon payment of ail Indebtedness secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the
<br />Trust Property and sha/J 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 warranty and without charge to the person or persons lega/Jy entitled thereto. Such
<br />person or persons sha/J pay all costs of recordation, if any.
<br />31. Substitute Trustee. Beneficiary. at its option. may from time to time remove Trusree 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 TruslBe sha/J succeed to all titie. power and duties conferred upon Trustee hemin and by applicable law.
<br />32. MisceJ/aneous 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 the creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to
<br />alter or amend the terms of this Deed of Trust. Any personal property remaining upon the Trust Property after the Trust Property has
<br />been possessed or occupied by Beneficiary, its agent or any purchaser foliowing Trustee's saie, foreclosure, or under any deed in Jieu
<br />of Trustee's sale or foreclosure, shall be conclusiveiy 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 fonh hereinabove.
<br />IN WITNESS WHEREOF. Ihis Deed 01 Trust has been duly executed the day and year IIrst above written,
<br />
<br />STATE OF NEBRASKA
<br />COUNTY OF HALL
<br />
<br />)
<br />)ss,
<br />)
<br />
<br />ART~FTtGN~I~. ;;t'
<br />BY: c~~r J: e~ c/~t.: en:
<br />
<br />On this..!.!l day of December , 19 ~, before me, a notary public in and for said county, personally came Richard J.
<br />Mer~ick , and
<br />of Art-Kra t Silms ~ Iue. , known to me to be the identical persons wh~
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act and deed, and the voluntary act and
<br />aeed at said corporallon.
<br />WITNESS my hand and notarial seal on this the day and year last above written.
<br />
<br />STATE OF NEBRASKA
<br />COUNTY OF
<br />
<br />)
<br />)ss.
<br />)
<br />
<br />!1~~g~ ~~
<br />d-/~
<br />""~'_' IilTNIY.sta~"Ml1st2,
<br />CAIlOUNE H. LEEP i
<br />IIJCom up 'try 14, 1!'J'
<br />
<br />
<br />(SEAL)
<br />
<br />On this _ day of . 19 _, before ma, a natat}' publiC in and for said county, personaliy came .
<br />and . known to me to be the identical persons who
<br />signed the foregoing Deed of Trusr and acknowledged the execution thereof to be their voluntary act and deed.
<br />WITNESS my hand and notarial seal on this the day and year last above wrinen.
<br />
<br />(SEAL)
<br />
<br />NoJarrPubJlC
<br />
<br />.....
<br />
<br />AIr CQfTI""uron ll~pll(O.I
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