r
<br />(d) AW may elect to cause the Trust Properly or any Part tilyraol to be said under the 87-103100
<br />&"Wary o Trustee shah give such notice of dotard and mice of sale as may be than required of sale, and in such by law. Thereafter, upon the
<br />ex ' tH, such time and tine gluing of such notice of sale as may than be required by taw, Trustee, at the time and place specified
<br />by tiny notice of sale, shed sad such Trust property, or any part thereof specified by Beneficiary, at public auction to the highest
<br />bidder for cash in lawui money of the United States of America. Upon receipt of payment of the price bid, Trustee shell apply the
<br />in the &VMM order: (i) b the cost and expenses of exercising he
<br />u, s tees o not more than $50().00 pus one -half of one ® power of sale and of the sale, including but not limited
<br />the s, and (dl) the excess, It any, to the person or cant of ally gross seta retoa, and reasonably attorney teas, (i!) !o
<br />Ad �� �k71 ex parsons legally entitled thereto.
<br />hnCUmed by Byn ®tic /arY in ynlorCing any right under this Dead of Trust, Including without limitation, abstract or tide
<br />ties ' prerrHtnns kr Pule lnswanc ®, anion ®Y fees and court costs, shall be and constitute Indebtedness secured hereby.
<br />ar. - a rnrsreee, rrusror mar:
<br />(a) ltd s of 7ruafee shad be dayemrined solely by the express provisions of this Dead of Trust and Trustee shall not be
<br />except Aor the peNormartcy of such dudes and obligations as era specifically set forth herein, and no Implied covenants or
<br />shah be irn'nposed upon Trustee,
<br />(b) the POTtOMWICS a of Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur any financial obligation in
<br />unf any OI Its oiuties hereunder, or' n the exercise of any of its fights or powers.
<br />(c) Trustee may COnsuft 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 shed 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 firing under the provisions of
<br />S:u Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof as constituting a part of the
<br />T� : ingather with all other property of Trusty, either similar a dissimilar to the same, now or hereafter located at or on the
<br />29. Future Advances. Upon request of Trustor, Beneficiary, at Benehclary's option, prior to full reconveyance of the Trust Property by
<br />Trustee to Trusty, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of
<br />Trust. At no time shalt the principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect
<br />tine sacurrty, exceed the total sum of $ . 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 all Indebtedness secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the
<br />Trust Property and shad surrender this Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to Trustee-
<br />Trustee
<br />shad recO nvey the Trust Property without warranty and without charge to the person or persons legally entitled thereto. Such of Persons shad pay ad costs of recordation, it 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 />appomtad hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. Without conveyance of the Trust
<br />PWarty. the Su CCessor Trustee shad succeed to all title, power and duties conferred upon Trustee herein and by applicable law.
<br />32. AftcoMarreous Rights of Beneficiary. Beneficiary may at any time and from time to time, without notice, consent to the making of any
<br />Plot of the Trust Property Or the creation of any easement thereon of any covenants restricting use or occupancy thereof or agree to
<br />alter Of 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 an
<br />of Trustee's sale or foreclosure, shall be conclusively presume to haver (been abandoned by sale, foreclosure, or under any deed in lieu
<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 d year firId' ve wit en.
<br />STATE OF NEBRASKA �`� � ` / ✓/i r!J .m �` LYrM S. Elgert
<br />)
<br />COUNTY OF _ )SS.
<br />On this day of 19 ___ , before me, a notary public in and for said county, personalty came
<br />Of - and - ------- - - - -__
<br />deed Of said carping Deed of Trust and Corporation. acknowledged the execution thereof to be their voluntary act and tome to be deed, and tthe r voiuntary act g dwho
<br />WITNESS my hand and notarial seal on this the day and year last above written.
<br />(SEAL)
<br />NN"
<br />MY �mum�asmn e.p,res
<br />STATE OF NEBRASKA )
<br />COUNTY OF _ Ems. AS.
<br />On h1n 21" 19 _$Z ,before me, a not
<br />+rvrd Y -�; dry public in and for said county, personally came L,� F. v rr
<br />o l Trust and — -- - - — -- -- -- ------ - - - -.. known to me to be the identical persons who
<br />WITNESS my hared and ell the execution thereof to be their voluntary act and deed.
<br />on this the day and year last above written.
<br />uv,
<br />Idm�Yry PuGbq '
<br />a�
<br />
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