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(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 lime 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, shaft 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 Wowing order: (f) to the cost 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 $300.00 plus ate -half of one percent of the gross sale price, and reasonable attorney fees, (n) to <br />the Indebtedness, and (iii) the excess, it any, to the person or persons legally entitled thereto. <br />AN costs and expanses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title <br />jees, appraisal fees, premiums for file insurance, attorney fees and court costs. shall be and constitute Indebtedness secured hereby. <br />27. Duties of Trustee. Trusts agees that: <br />(a) Dudes and obligations of Trustee shaft be determined solely by the express provisions of this Deed of Trust and Trustee shall not be <br />kabie except for the performance of such duties and obligations as are specifically set forth herein. and no implied covenants or <br />obkgatons shad be imposed upon Trustee, <br />(b) No provision of this Deed of Trust shat!: equine Trustee to expend or .risk its own funds, or otherwise incur any financial obligation in <br />the performance of any of is 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 shy riot be liable for any action taken by it in good faith and reaso, rably believed by 1 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 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 />TnAW 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 tuture advances to T.rusta. Such future advances. with interest thereon, shall be secured by this Deed of <br />Trust. At no time shad 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 S � 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 L <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 shad recatvey the Trust Property without warranty and without charge to the person or persons legally entitled thereto. Such <br />person or persons shad 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,,,? the county in which this Deed of Trust is recorded. Without conveyance of the Trust <br />Property, the Successor Trustee shad 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 />after 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. shalt 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 oufy, executed the day and year first above wntten. <br />Nebraska _ tiern Anderson <br />STATE OF ygg1j#,7" Sonya M. Anderson <br />COUNTY OF Hall <br />+ss. <br />On this 1 tbay of December ?g _s5 ,before me, a notary public in and for said county, personally came <br />Norman E Anderson .and - Sonya M. Anderson--__.___ -- • - -- --- _____ - -- <br />of Glendale Arizona , 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. 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 />f�►MtN�l�wrrsMlww !,� � ;' � <br />Y�:ar�• ?uDl� <br />May 13, 1988 <br />M m4s pia•, <br />STATE OF NEBRASKA ) <br />Iss. <br />COUNTY OF <br />On this _ --_ day of ___.___.__ _..__.___. __ 79 before me. a notary public in and for said county, personally came <br />and ..... ...... .._- -.._.- _ _ ..____. _ _. _ _ -_._ _.. _ _ _ _ __ __ _ __ _ _ __ known tc n:e to be fne �denticai persons A hr,. <br />+ signed the foregoing Deed of Trust and acknowledged the execution thereol to be their voluntary ac! and deed. <br />o WITNESS my hand and notarial .seal on ft? s the day and year last above written <br />'SERI <br />_ <br />� ao <br />