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<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 ann Notice of safe as may be then required by law. Thereafter, upon the
<br />expiration of such time and the giving of such notice of save 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, a: 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: It) to the cost and expenses of exercising the power of sale and of the safe, including but not limited
<br />to, trustee's fees or not more than 3500.00 plus one-half of one percent of the gross sale price, and reasonable attorney fees, (it) to
<br />the indebtedness, and (iii) the excess, if any, to the person or persons legally entitled thereto.
<br />Ail 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 title 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 o,` fs 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 a 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 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 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 5 10000. -2Q. Advances of disbursements made by Beneficiary to protect the security.
<br />under the terms hereof, while discretionary, shall not be deemed to he 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 ...ailing address set forth hereinabove.
<br />iN WITNESS WHEREOF, this Deed of Trust has been duty executed the day and year first above wniten
<br />i
<br />-- - -- --
<br />f Leo 41. Evans
<br />STATE OF NEBRASKA Shirley A. Evans
<br />COUNTY OF _— HALL )ss.
<br />On this 74 . day of . January _ ___ , 19 -86-, before me. a notary public in and for said county, personally came _Leo M. Evans
<br />-- -- __._ -- — _ --__ -- - - - -- -.
<br />and hushaIId_ . and— wi -fa _ - - - - -- -- -__ _- - _ - -___
<br />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 />(S n
<br />�L�-/iw /Muth �_'��.
<br />O�II K OMII�
<br />9
<br />STATE OF NEBRASKA
<br />;SS
<br />COUNTY OF- ------ .-------
<br />...__.___.
<br />On this .____. _ day of, ____. _ ...___. _ 19 before me, a notary public in and for said county, persoriaily came
<br />and .. ... _.. -. __ - known to me to be the i(jent7ca. n Prsoo$ who
<br />signed the foregoing Deed of Trust and acknowtedged the execution rhereof to be their voluntary ai t and aeeu
<br />�s
<br />WITNESS my hand and notarial seal on this tho day and year last above wr,tten
<br />r !SEAL)
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