-,-perry w any pan thereof to be sold under the power of sale, and in such event,
<br />!ary or Trustee shah give such notice of default and notice of 3410 as may be then required by law. Thereafter, upon the
<br />expiration of such lime and the giving of such notice of sale as may then be required by low, Trustee, at the time and place specified
<br />!N by the notice of sale, shelf 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 />0 proceeds in the Mftwing 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 then $500.00 plus one•haff of one percent of the gross sale price, and reasonable attorney lees, (it) to
<br />r the Indebtedness, and (i#) the excess, if any, to the person or persons legally entitled thereto,
<br />Ad Cants and expenses incurred by Beneficiary in enforcing any right under lhls Deed of Trust, including without limitation, abstract or title
<br />j lee*, appraisal lees, premiums for dtie fnsurane, attorney lees and court costs, shelf be and constitute Indebtedness secured hereby.
<br />^1 27. Duties of Trustee, Trustor agees that:
<br />(a) Duties and obligations of Trustee shelf be determMed solely by the express provisions of this Deed of Trust and Trustee shall not be
<br />Nable except for the performance of such duties and ohllgadons as are specifically set forth herein, and no implied covenants or
<br />oblgations shah be imposed upon Trustee,
<br />(b) No proWs/orr of tts's Deed of Trust shelf require Tiustae to expend or risk its own funds, or otherwise Incur any financial obligation in
<br />Me performance of any of its dudes hereunder, orin the exercise of any of its rights or powers.
<br />(C) Trustee may consult with counsel of 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 agreemen+ and fixture filing under the pnoldsierls of"
<br />Me Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof a Mpg g a part of the OK
<br />Trust Property, together with alf other property of Trustor, either similar or dissimilar to the so
<br />Trust Property, erealter located at or on the A-
<br />vanes. Upon request of Trustor, Beneficiary, at s option, prior to full reconveyance of the Trust Property by
<br />Trustee
<br />to rus dvanBS to TitlStor. Such future advances, with interest thereon, shall be secured by this Deed of
<br />4^ Trust. At n time shad the un o secured by this Deed of Trust, not including sums advanced to protect
<br />!� the securi total sum of 5 _
<br />y,y __ . Advances o e by Beneficiary to protect the security,
<br />terms hereof, while discretionary, shall not be deemed to be optional 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 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 of the Trust
<br />Property, the Successor Trustee shall succeed to all title, power and duties conferred upon Trustee herein and by applicable law.
<br />32. Miscellaneous 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 />after 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 following Trustee's sale, foreclosure, or under any deed in lieu
<br />of Trustee's sale or foreclosure, shall be conclusively 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 forth hereinabove.
<br />IN WITNESS WHEREOF, this Deed of Trust has been duly executed the day and yea , first above written.
<br />j war M. BqY sl r.
<br />c %.( C.'t,
<br />STATE OF NEBRASKA ) a er ne ow es
<br />COUNTY OF )ss.
<br />1
<br />On this _ day of 19 _ , before me, a notary Public in and for said county, personally Came
<br />Of
<br />and '
<br />n _ , known to me to be the identical persons who
<br />signed the
<br />foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act and deed, and the voluntary act and
<br />deed of said corporation.
<br />WITNESS my hand and notarial seal on this the day and year last above written.
<br />(SEAL)
<br />Notary
<br />--SS -p-S
<br />STATE OF NEBRASKA )
<br />COUNTY OF HAT.T. )ss.
<br />On this 2-k_ day of —Apr i 1 , 19 -BZ , before me, a notary public in and for sold coup Edward M. Bow
<br />and_ Cs�tharina r a ,pS county, personally came S.Jr
<br />signed the foregoing Deed of Trust and acknw /edged the execution thereof to be their voluntary act and deed. be the identical persons who
<br />WITNESS my hand and ntanal seal on this the day and year last above written.
<br />(SEAL)
<br />aL MpAi'.1p111 sf ash
<br />L. ftIt "
<br />My crvnm,.yyo„ x,ryrxs
<br />W1
<br />
|