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87- 103605 <br />(d) Berroficvary may elect to cause the Trust Properly or any part thereof to be sold under the power of sale, and in such event, <br />Beneficiary or Trustee shall give such nolice of default and notice of sale as may be then required by law. Thereafter, upon the <br />expiration of such Wm and the wing of such notice of sal& as may than be required by law, Trustee, at the time and place specified <br />by the notice of salve, shelf "N such Trust Property, or any pat thereof specified by Beneficiary, at public auction to the highest <br />bidder for cash in hwAd money of the United States of America. Upon rocelpt of payment of the price bid, Trustee shall apply the <br />proceeds in On following order (i) to the cwt and expenses of exercising the power of sale and of the sale, including but not limited <br />to, trustee's Fees or not more than $500.00 plus one -half of one percent of the gross sale price, and reasonable attorney lees, (k) to <br />titer indebtedness, and (N) the excess, it any, to the person or persons legally entitled thereto. <br />AN costs and expenses incurred by Beneficiary in enlbrcing any right under this Deed of Trust, including without limitation, abstract or tide <br />Am, appra" teas, premiums for We insurance, attorney foes and cant costs, shaft be and constitute Indebtedness secured hereby. <br />27. Duties of Trustee. Trustor &gees that : <br />(a) Duties all obligations of Trustee sW be determined solely by the express provisions of this Deed of Trust and Trustee shelf not be <br />liable except for the performance of such duties and obligations as are specifically set forth herein, and no implied covenants or <br />obligations shelf be imposed upon Trustee, <br />(b) No provision of alms Dead of Trust shelf require Trustee to expend or risk its own funds, or otherwise incur any financial obligation in <br />Me performance of any of is dudes heeunde/ or in the attec6se of any of its rights or powers. <br />(c) Trustee may consult with counsel of is own choosing and the advise of such counsel shall be full and complete autho izatioa and <br />protection in the respect of any action taken or sullied by it hereunder in good fall+ and reliance thereon, and <br />(d) Trustee shelf not be *able for any action taken by it in good laith and reasonably believed by It to be authorized or within its <br />discreton or rights or powers conferred upon it by this Deed of Trust. <br />28. Security Agreement and Fixture Filing. This Deed of Trust she# constitute a security agreement and fixture filing under the provisions of <br />the Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof as constituting a part of the <br />Trust Property, together with aft other property of Taste, wither similar or dissimilar to the same, now or hereafter located at or on the <br />Trust Property. <br />29. Future Advances. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to full reconveyance of the Trust Property by <br />Trustee to Tiumor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of <br />Trust. At no tme shag tae principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect <br />the security, exceed tae 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 Trost, Beneficiary shall request Trustee to reconvey the <br />Trust Property end shall surrender this Dead of Trost and all notes evidencing Indebtedness secured by this Deed of Trust to Trustee. <br />Trustee sham recohvey the Trust Property without warranty and without charge to the person or persons legally entitled thereto. Such <br />person or persons sham pay all costs of recordation, it any. <br />31. Substitute Trusters. 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 Mwellaneous 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 of the creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to <br />alfe of amend the terms of this Deed of Trust. Any personal property remaining upon the Trust Property after Me Trust Property has <br />been possessed of occupied by Beneficiary, its agent or any purchaser following Trustee's sale, foreclosure, or under any deed in Neu <br />of Trustee's sale or foreclosure, shall be conclusively presumed to have been abandoned by Trustor. <br />33. Mortice to Trostor. Trustor hereby requests that a copy of any notice of default and notice of sale made w executed by Taivstee pursuant <br />to the provisions hereol be sent to Trustor at its maikrig address set forth herainabove. r / <br />IN WITNESS WHEREOF, this Deed of Trust has been duly executed the day and year first above writer. <br />tiro, reen, r. <br />STATE OF NEBRASKA Ublbrbs teen <br />)ss. <br />COUNTY OF ) <br />On tits _ day of , 19 —, before me, a notary public in and for said county, personally came <br />and <br />Of , known to me to be the identical persons who <br />signed tin 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 />Aty comnwmm eiprea <br />STATE OF NEBRASKA ) <br />)as. <br />COUNTY OF HAL ) <br />o d>�1 i1 f . 19 4, before me, a notary public in and for said county, personally came�" <br />aid -�/ _ , known tome to be the identical persons iff;6 <br />NO bWOft Deed Of Trust and acknowledged the execution thereof to be their voluntary act and deed. <br />WITNESS aryl hand and notarial sea on this Me day and year last above written- <br />ISM <br />L WDOM <br />gL7iiA+N h TA" <br />MML <br />�T�T>< <br />bhftftftft <br />