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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 sale, and in such event,
<br />Beneficiary or Trustee shall give such notice of default and notice of sale as may be then required by law. Thereafter, upon the
<br />expiration 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 />t?y the yetice Of sale, shaft 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 shall 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 sale price, and reasonable attorney fees, (ff) to
<br />the Indebtedness, and (iii) the excess, if any, to the person or persons legally, entitled thereto.
<br />All costs and expenses incurrad by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title
<br />fees, appraisal fees. premiums for title insurance, attorney fees and court costs, shall be and constitute indebtedness secured hereby.
<br />27. Duties of Trustee. Trustor agees that:
<br />(a) Duties and obligations of Trustee shall 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 duties and obligations as are specifically set forth herein, and no implied covenants or
<br />obligations shall be imposed upon Trustee,
<br />(b) Ato provision of this Deed of Trust shall require Trustee to expend or risk its own funs, or otherwise incur any financial obligation in
<br />the performance of any of its duges 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 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 constitute a security agreement and fixture filing under the provisions of
<br />the Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof as constituting a part of the
<br />Trust Property, together with all other properly of Truster, 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 Truster. Beneficiary, at Beneficiary's ojewn, prior to full reconveyance of the Trust Property by
<br />Trustee to Truster, may make future advances to Trustor. Such future advances, wr& 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 ums advanced
<br />the security, exceed the total sum of $ 200.000.00 . Advances of disc ments made by Beneficiary m to protect the security protect
<br />under the terms hereof, while discretionary, shall not be deemed to be optionaf advances.
<br />30. Reconveyance. Upon payment of all indebtedness secured by this Deed of Trust. Beneficiary shall request Trustee to reconvey the
<br />Trust Property and shalt surrender this Deed of Trust and all notes evidencing Indebtedness rT
<br />or of secured by this Deed of rst to Trustee.
<br />Trustee shall recvey the Trust Property without warranty and without charge to the parson or persons legally entitled d T thereto Such
<br />Person of persons shall pay al! costs of recordation, if any.
<br />31. Substilute Trustee. Beneficiary, at its option, may from time to time remove Trustee and appoint a Successor Trustee to any Tree
<br />appointed hereunder by an instrument recorded in the county in which this Deed of Trier is recorded. Without conveyance of the Trust
<br />Property, the Successor Trustee shatt succeed to all tide, power and dimes conferred upon Trustee herein and by appicaNe law
<br />32. Miscellaneous Rights of Beneficiary . Beneficiary may at any lime and from Mne to 10M, without notice, consent to the nkVa tg of any
<br />plat of the Trust Property or the creation of any easement thereon or any covenants restricting use o occupancy thereof or agree to
<br />alter or amend the terms of this Deed of Trust Any personal property rernarning upon the Tit Property after the Trust Property has
<br />been possessed or occupied by Beneficiary, its agent or any purchaser Wowing Trustee's sale, foreclosure, or under any deed in Neu
<br />Of Trustee's safe o foreclosure, shall be conclusively presumed W have been abandoned by Truster-
<br />33 Mortice to Truster Truster hereby requests that a copy of any notice of deft and noble of safe made of executed by Trustee prrsuam
<br />ro the provisions hereof be sent to Truster at its mailing address set forth heresxabove.
<br />IN WWNESS WHEREOF, this Deed of Trust has been duty executed the day and year first above
<br />S EBRASKR ) Elsie Mae Frogge
<br />COUNTY OF )ss.
<br />)
<br />\` r
<br />Lkr this 3><Y1r1ay o! Tel/ u n t '�1g before me, a notary public in and for said county, personalty came �_LF `hard u# Frtq�
<br />Of C':Z-412d sVWd the wing Deed of Trust and acknowledged the execs" thereof to be to me to be the idernicar act an ;.f>p
<br />deed of said corporation. _ act and deed, and the voluntary act and
<br />WITNESS my hand and notarial seal on this the day and y28rJ6sfabtove r
<br />{SEA
<br />STATE OF NEBRASKA )
<br />COUNTY OF
<br />f�:iCtt",. lief
<br />n'mrY »err . 7
<br />N e¢vef
<br />Onthis 3t fay of , January 19 $' . before me. a notary public in and for said coon
<br />and Eisie_Ma� Fr�oege Huc6 ^nd nri w; for tY, Personally came Richard R FrQF.Re
<br />. known to me to be the identical persons who
<br />WOW tfta boregomg Deed of Trust and acknowledged the execution thereat to be their voluntary act and deed_
<br />WaTNESS my hand and notarial seat on this the day and year last above written.
<br />(SEAL)
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<br />EA
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