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87-- 105%i6/" <br />(b) Beneficiary shall, without regard to the adequacy of any <br />security for the Tndebtednoss scc•ured hereby, he 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 <br />Property and operate the same and collect the rents, issues and <br />profits therefrom. <br />(c) Beneficiary may bring any action in any court of competent <br />jurisdiction to foreclose this Deed of Trust or enforce any of the <br />covenants hereof. <br />(d) Beneficiary may elect to cause the Trust Property or any <br />part hereof to he sold under the power of sale, and in such event, <br />Beneficiary or Trustee shall give such notice of default and notice <br />of sale as may be then required by law. Thereafter, upon the <br />cxpi.ration of such time and the giving of such notice of sale as <br />may then be required by law, Trustee, at 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 />higl-:,st bidder for cash in lawful money of the United States of <br />iuterica. Upon receipt of payment of the prig bid, Trustee shall <br />apply the proceeds in the follcwi.ng order: (i) to the cost and <br />expenses of exercising the power of sale and of the sale, including <br />but not limited to, trustee's fees of not more than $5UU.00 plus <br />one -half of one percent of the gross sale price, and reasonable <br />attorney fees, (ii) to the Indebtness, and (iii.) and the excess, if <br />any, to the person or persons legally entitled thereto. <br />All costs and expanses incurred by Rennficiary in enforcing any <br />right under this Deed of Trust, including without limitation, <br />abstract or title fees, appraisal fees, premiums for title <br />insurance, attorney fees and court costs, shall be and constitute <br />Indcl:,tedness secured hereby. <br />27. Duties of Trustee. Trustor agrees that: <br />(a) Duties and obligations of Trustee shall be determined <br />sole: by the express provisions of this Deed of Trust and Trustee <br />shall. not be liable except for the performance of such duties and <br />obligations as are specifically set forth herein, and no implied <br />covenants or obligations shall be imposed upon Trustee, <br />(b) 14o provision of this Deed of Trust shall require Trustee <br />tc, •a:�nend or risk its own funds, or otherwise incur any financial <br />obligation in the performance of any of its duties hereunder, or in <br />t•hr, exercise of any of its rights or powers. <br />(c) Trustee may consult with counsel of its own choosing and <br />the •- Olyise of such counsel shall be full and complete authorization <br />-cnc? ;.:.r.otection in the respect of any action taken or suffered by it <br />hurt•-under in good faith and reliance thereon, and <br />(d) Trustee shall not be liable for any action taken by it in <br />cloccl faith and reasonably believed by it to be authorized or within <br />its discretion or rights.or powers conferred upon it by this Deed <br />of 'Yrust. <br />28. Security Agreement and fixture Filing. This Deed of Trust <br />shall constitute a security agreement and fixture filing under the <br />provisions of the Nebraska Uniform Commercial Code with respect to <br />t.hrve fixtures described in the preambles hereof ar constituting a <br />part of the Trust Property, together with all. other property of <br />Trus't:or, either similar or d.issirnflar to the sacnc, now or hereafter <br />1 oc:ated at or on the Trust Property. <br />29. future Advances. Upon request of Trustor, Dene-ficiary, at <br />ne,ficia.ry's option, prior try full reconvcyance of they Trust <br />F1 -Perty by Trustee to Trust.(x-, may mako future "cctvances to <br />:t'r ;.r,tror. Such future advances, with inLere:;i, thereon, shnl.l be <br />,hired by this Dead of Trust:. At no time :a� j.11 i:.he pr. i.ncipc J <br />on4.ui,i. of the Indebtedness rsocvzi-od by i.hc 1)-ed of Trust, not � <br />