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87-a 101825
<br />(b) Beneficiary shall, without regard to the adequacy of any ._
<br />security for the Indebtedness secured hereby, be entitled to the
<br />appointment of a receiver by any court having jurisdiction, without
<br />notice, to take possession of protect, and manage the Trust
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<br />Property and operate the same and collect the rents, issues and
<br />profits therefrom.
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<br />(c) Beneficiary may bring any action in any court o€ competent
<br />3urisdictio,n to foreclose this Heed of Trust or enforce any of the."
<br />covenants hereof.
<br />{d) Beneficiary may elect to cause the Trust - Property or any
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<br />part 'hereof to be sold under the power of sale, and in such event,
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<br />Beneiiciary or Trustee shall gi =re such notice e,)f default and notice-
<br />of ,sale as may be then required by law. Thereafter, upon the
<br />cxpiration of such time and the gifting of such .notice of sale as' :
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<br />Ana}. f-hen be required by law, Trustee, it the time and place
<br />specified by the notice of sale, shall sell such Trust Property, or,`,'
<br />any part thereof specified by Beneficiary, at: public auction to the.'
<br />ixtgtt�_, st bidder. for cash in lawful money of the United States of
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<br />4oter; =ca. `Upon receipt of payment of the price bid, Trustee shall
<br /><�rxpiv _ the proceeds in the' fs,ilcwing order: {i) to the cost and
<br />e-pe ses of-exercising the der of sale and of the sale, including
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<br />but not limited to, trustee's fees of not more than $500 -00 plus
<br />one -half of one percent of the gross sale price, and reasonable'
<br />attorney fees, - (ii) to the Indebtness, and (iii) the excess:,- i£
<br />en, ; to the 'persnn or persons legally entitled ' thereto. `
<br />ill r-ost= and expenses incurred by Beneficiary in enforcing any.
<br />tight under this Deed of Trust, including' Without limitation, :.
<br />.abstract or title fees, appraisal fees, premiums for title
<br />in _-uyance,; attorney fees and costs, shall be;anti constitute
<br />i ndy'- tedness secured hereby..
<br />- Duties of Trustee. Trustor agrees that.
<br />(a) Duties and obligations :of ._Trustee shall be -
<br />s01p by the the express provisions of this Deed of Trust aid Trustee
<br />uha t ll 'no be liable except for the perform ice of such duties and
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<br />obTlgati:ons as ar- specifically set: forth herein, and no died
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<br />cnvcnants or obligations shall be -i osed Capon Trustee,. -
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<br />(b) Ido provision of this Deed of Trust shall reoLix a Trastee
<br />t .;lend or risk its own funds, or otherwise incur any financial
<br />e,,lgation in the perforr;•ance of any of its duties hereunder, or in
<br />th,: exercise of an. of its rights or powers.
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<br />(c) "- Trustee may corsui-t- with- _c nsel e:f its o3. choo ice'
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<br />the PC"'-ise of such counsel shah. bin full and complete authorization
<br />aznci i:zrrtcction in the respect of any action taken or suffered by it
<br />?left• =bider in good faith and reliance thereon_, and
<br />(d) Trustee shall not be liable for any action_ taken by it in
<br />gc.cd faith and reasonably believed by it to be authorized or within
<br />ATs 'discretion or right powers conferred -aeon it by this Deed
<br />of 'rust.
<br />?8. Security Agreement and Fixture Filing- This Deed of Trust
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<br />sha-1 constitute a security aarcement. and fixture filing under the
<br />prcvlsions of the Nebraska Uniform Commercial Code with respect to
<br />thuge; fixtures described in the preambles hereof as constituting a
<br />part of the Trust. Property, together with all other property of
<br />Trustor, either similar or dissimilar to the same, now or hereafter
<br />Jo --aced at or on the Trust Property..
<br />29. Future Advances. Upon request of Trustor, Beneficiary, at
<br />Ziciary's tt: full
<br />option, prior recon- reyance of the Trust
<br />J r 3 °;ity by Tru tee to Trustor, may make future adva.zc es to
<br />rustur. Such future ;advances, with interest thereon, sh; 11 bf.
<br />f €aired by this 'Deed of Trust. At no time shall the principLI
<br />_ is u� lt. of the I,ndebtedncas secured by the Deed of Trust, not
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