|
�1
<br />(d) Beneficiary may elect to cause the Trust Property or any part thereof to be sold under the power of sale, and in such event,
<br />Beneficiary or Trustee shall give such notice of default and notice of sale as may be then required by law. Thereafter, upon the
<br />expiration of such time and the giving of such notice of sale as may then be required by law, Trustee, at the time and place specified
<br />by the notice of sale, shall 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 />proceeds in the following 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 lees or not more than $500.00 plus one -half of one percent of the gross sale price, and reasonable attorney fees, (i) to
<br />the Indebtedness, and (iii) the excess, if any, to the person or persons legally entitled thereto.
<br />All costs and expenses Incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title
<br />lees, appraisal fees, premiums for the insurance, attorney fees and court costs, shall be and constitute Indebtedness secured hereby.
<br />27. Duties of Trustee. Trustor agees that
<br />(a) Duties and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee shall 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 shall be imposed upon Trustee,
<br />(b) No provision of this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur any financial obligation in
<br />the performance of any of its duties hereunder, or in the exercise of any of its rights or powers.
<br />(c) Trustee may consult 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 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 agreement and fixture tiling 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 all other property of Trustor, either 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 Trustor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of
<br />Trust. At no time shall the principal amount of the Indebtedness secured by this Deed of Trust, not including sums advanced to protect
<br />the security, 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 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 />alter 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 ex ec uted the day and year first ab ve written j
<br />�5 G. Mitchell
<br />STATE OF NEBRASKA ) —� Chars Ann Mitchell
<br />)ss-
<br />COUNTY OF )
<br />On this — 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 w
<br />signed the 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. Q
<br />WITNESS my hand and notarial seal on this the day and year last above written.
<br />(SEAL)
<br />�— exp-
<br />STATE OF NEBRASKA )
<br />)ss.
<br />COUNTY OF HALL )
<br />On this 1 day of December , 19 87 , before me, a notary public in and for said county, personally came James G. Mitchell
<br />and Charl Ann Mitchell , known to me to be the identical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act and deed.
<br />WITNESS my hand and notarial seal on this the day and year last above written. -
<br />(SEAL)
<br />L
<br />c'
<br />y
<br />MM'
<br />d.a W
<br />(T—
<br />Notary Public
<br />/ My commis (dr. 1
<br />L
<br />r -1
<br />r - e
<br />
|