|
1
<br />(d) Beneficiary may elect to cause the Trust Property or any part thereof to be sold under the pow f sale tl 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 />by the notice of sale, shall 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 grass sale price, and reasonable attorney fees, (i)) to
<br />the indebtedness, and (iii) the excess, if any, to the person or persons legally entitled thereto.
<br />All costs and expenses incurred 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 ageas 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) 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 shalt 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 or 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 shaft 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 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 reconyeyance of the Trust Property by
<br />Trustee to Trustor, may make future advances to Trustor. Such future advances, with interest thereon, shaft be secured by tfus 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 5109, F 3 5 7n . 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 />30. Reconveyance. Upon payment of aft Indebtedness secured by tas Deed of Trust, Beneficiary shelf 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 warranty and without charge to the person or persons legally entitled thereto. Such
<br />person or persons shall pay all costs 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 hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. Without conveyance at the Trust
<br />Property, the Successor Trustee shall succeed to all title, power and duties conferred upon Trustee herein and by appicabfe law.
<br />32. Miscellaneous Rights of Beneficiary. Beneficiary may at any time and from time to time, without notice, consent to the nzalting dany
<br />plat of the Trust Property or the creation of any easement thereon or any covenants restricting use or occupancy thereof oragree to
<br />alter or amend the terms of this Deed of Trust Any personaf property rernaawmg upon the Trust Property after the Trust Property has
<br />been possessed or occupied by Beneficiary, its agent or any purchaser tofflowrng Trustee's safe, foreclosure, or under any deed »lieu
<br />of Trustee's sale or foreclosure, shall be conclusively presumed to nave been abandoned by Trustor.
<br />33. Notice to Trustor. Trustor hereby requests that a copy of any rhoace d d sale made or executed by Trrahee purse maot
<br />to the provisions hereof be sent o Trustor at its ma&V address
<br />set forth
<br />fN WITNESS WHEREOF, this Deed of Trust has been duly execrated /above written.
<br />rry W. Coffey
<br />STATE OF NEBRASKA ) Sherry A. Coffey
<br />)ss.
<br />COUNTY OF )
<br />On this _ day of 79 _ , before me, a notary public in and for said county, personally carne
<br />and
<br />of known to me to be tme identical personas rip
<br />signed the foregoing Deed of Trust and acknowledged the exeaut on thered to be then vokwtary act and deed, and to vokrtary atx and
<br />deed of said corporation.
<br />WITNESS my hand and notarial seal on this the day and year:ast above written.
<br />(SEAL)
<br />Yycmassmm e,�.es
<br />STATE OF NEBRASKA )
<br />COUNTY OF i ,I r ass.
<br />On day d /7 ubkc in and for said county, personalty carne
<br />and ;' t 7 - p known o me o be Pre iderrbcaf persons hurts
<br />signed Pre foregovng Deed of Tr.Jan d acknowledged the execution thereof to be their voluntary act and deed.
<br />WITNESS my hand and notanal seal on this the day and year last above writer.
<br />(SEAL)
<br />� nuxl'.w C. �C..
<br />sf
<br />
|