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,'d) Beneficiary may elect to cause the Trust Property or any part trier -of to be sold under the power o` sale. and in such event.
<br />Beneficiary or Trustee shall give such notice of defauu and n. ,,r•ce of sale as may t,r ,...: , required by law. Thereafter. upon the
<br />expiration of such time and the giving of such notice cf sale as may then be required by law. Trustee, at the rime 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: ti) to the cost and expenses of exercising the power of sale and of the sate, including but riot hmited
<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 fees, (ii) 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 />fees, 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 anv 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 reaso-,ably 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 pan of the
<br />Trust Property, together with aff 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 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 r econvey 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 />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 heu
<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 hereinibove.
<br />IN WITNESS WHEREOF, this Deed of Trust has been duly executed the day and y ar,?irs a ove written.
<br />- -- — /r — - -- John F. HodaPP
<br />STATE OF NEBRASKA ) AryC. Hodapp
<br />)ss.
<br />COUNTY OF HALL I
<br />On this �5day of __'__' 'cam. 19 ' _ , before me, a notary pc lic :P, and for said county, personally came
<br />-- — -- • and _— r1 -f 'rs =ts w rte_
<br />of known to me to be the identical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereot to be their voluntary act and deed, and the voluntary act and
<br />deed of said corporation.
<br />WITNESS my hand and notarai seal on this the day and year last above written
<br />(SEAL)
<br />STATE OF NEBRASKA j
<br />)ss.
<br />COUNTY OF
<br />On this -. _._ day of _ ___ 19 before me, a notary pubtrc rn, and for said county. persona
<br />�� and,-.
<br />i_° igned the foregoing Deed of Trust and acknowledged the execution thereof in be rher voluntary act and deed
<br />:WITNESS my hand and notahai sea) on th?s the day and ,.year last above written
<br />(SEAL) t,
<br />L o (1
<br />3'•' 1
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