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87- 1795 (d) Beneficiary may elect to cause the Trust Property or any part thereof to be so under t e power of sale, and in such event, Beneficiary or Trustee shall give such notice of default and notice of sale as may be then required by law. Thereafter, upon the 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 by the notice of sale, shall sell such Trust Property, or any part thereof specified by Beneficiary, at public auction to the highest bidder for cash in lawful money of the United States of America. Upon receipt of payment of the price bid, Trustee shall apply the 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 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, (d) to the Indebtedness, and (iii) the excess, if any, to the person or persons legally entitled thereto. All costs and expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title fees, appraisal fees, premiums for title insurance, attorney fees and court costs, shag be and constitute Indebtedness secured hereby. 27. Duties of Trustee. Trustor agees that (a) Duties and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee shag not be liable except for the performance of such duties and obligations as are specifically set forth herein, and no implied covenants or obligations shag be imposed upon Trustee, (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 Me performance of any of its duties hereunder, or in the exercise of any at its rights or powers. (c) Trustee may consult with counsel of its own choosing and the advise of such counsel shall be full and complete audjor&almn and protection in the respect of any action taken or suffered by it hereunder in good faith and reliance thereon, and (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 discretion or rights or powers conferred upon it by this Deed of Trust. 28. Security Agreement and Fixture Filing. This Deed of Trust shall constitute a security agreement and fixture f frng under the provisions of the Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof as constituting a part of the Trust Properly, together with ail other property of Trustor, either similar or dissimilar to the same, now or hereafter located at or on the Trust Property . 29. Future Advances. Upon request of Trustor, Beneficiary, at BeneF,aary's option, prior to hill reconveyance of tfie Trust Properly by Trustee to Trustor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal amount of the Indebtedness secured by ttas Deed of Trust, not including sums advanced to protect the security, exceed the total sum of $ . Advances of disbursements made by Beneficiary to pry the security, under the terms hereof, while discretionary, shall not be deemed to be optional advances. 30. Reconveyance. Upon payment of all Indebtedness secured by tiers Deed of Trust, Beneficiary shall request Tnistee to recce vey the Trust Property and shag surrender this Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Trost to Trustee. Trustee shall reconvey the Trust Property without warranty and without charge to the person or persons legally eroded thereto. Such person or persons shag pay all costs of recordation, if any. 31. Substitute Trustee. Beneficiary, at its option, may from time to tirm remove Trustee and appoint a Successor Trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. Without corNeyance of the Trust Property. the Successor Trustee shall succeed to all title. power and akuaes conferred upon Trustee herein and by appkwbie lam_ 32- Mwellaneous Rights of Beneficiary. Beneficiary may at any hme and from time to tile, without notice, consent to the RNL%IV of any plat of the Trust Property or the creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to alter or amend the terms of this Deed of Trust Any personal property remawAing upon the Trust Property after the Trust property has been possessed or occupied by Beneficiary, its agent or any purchaser kWowvg Trustee's sale, foreckrsure, or urxier any deed in Neu of Trustee's safe or foredosure, shag be conclusively presumed to have been abarndoned by Trustor- 33 Notice to Trustor Tnustar hereby requests that a copy of any notice of defeat and notice of sale made or executed by Trustee pursuant to the provisions hereof be sent to Trustor at its mailing address set farm t bove- IN WITNESS WHEREOF, this Deed of Trust has been duly executed the day and year first above written. H&UM" AGM RA)Pf Y, Dr- STATE OF NEBRASKA ) ' - — )ss. COUNTY OF TIATd. ) �t� llrWsl i 4 • this ° day of �1�.s_ , 19 � % , before me, a notary public in and for said county, personaNy carne " and of , v , -r - • . known to me to be the identicar persons who signed the foregoing Dee f Trust and knowledged the executor thereof to be then wtuntary act and deed, and the vOlur ary act and deed of said corporation. WITNESS my .,aridd andnotanal seat on this the day and year last above pwk CUR=W MXM / ryarae�rias� �(ar• ..,.R�y �� 11 y� STATE OF NEBRASKA j COUNTY OF ) On this day of 19 _ , before me, a notary public in and for said county, personally came -- - and known to me to be the identical perms who signed the foregoing Deed of Trust and acknowledged the execution thereof to be thew voluntary act and deed WITNESS my hand and notarial seal on this the day and year last above written. (SEA`) M W. =-- I