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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 />