roil Beneficiary may elect to cause the Trust Properry or an, part tl e e: r,: ne sold under tyre power ci sa;e aril •n such event.
<br />Beneficiary or Trustee shall give such no ;ice of default and notice c f sa =e as rray be Shen required by law Thereafter, upon the
<br />expiration of such time and the giving of such notice of sale as mab• than be required by taw. Trustee. at the time and place specified
<br />by the notice of sale. shall sell such Trust Property. or any uarr trerc•of specified by Beneficiary, at public auction to the highest
<br />bidder for cash in lawful money of She United States of Ame •:ca Upon receipt of payment of the price bid. Trustee shall apply the
<br />proceeds m the following order: (i) to the cost and expenses of exercising the power of sale and of the sale, including but not Jim +ted
<br />to, trustee's fees or not more than $500.00 plus one -half of one percent of the gross sale price. and r easonable attorney fees. 0+; 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, ight under this Deed of Trust, including without (imitation, 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 any of its rights or powers.
<br />(c) Trustee may consult with counsel offs 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 ;n 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 Fi rture 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 will, ali 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 he deemed to be optional advances.
<br />30. Reconveyance. Upon payment of all Indebtedness secured by this Deed M 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 ,hereof 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 beer duly executed the?lay and earn first above written
<br />Robert 11. Lenners
<br />STATE OF NEBRASKA - Hildamae C. Lenners
<br />rss
<br />COUNTY OF ____HALL.___ -__
<br />On this _15_ day of ___tlpriL___- 19 Bfi._ before me, a notary public in and for said county, personally came
<br />n_e ners - - - -- _ . and . __ Hilda=e- _C..- LenDexs. ____ - - - -__ _- - - - -_- --- - - - - -_ __ -_ - -_.
<br />-_ - -- known to me to be the identical persons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be the ,r voluntary act and deed, and the voluntary act and
<br />deed of said corporation.
<br />WITNESS my hand and notanai seal on this the day and year last above written
<br />(SEAL)
<br />STATE OF NEBRASKA ) `N
<br />)ss.
<br />COUNTY OF
<br />`r, �J - ___
<br />On this _._..___ day of ___- __._____._ __ . 19 oefore me, a riwaty public in and for sa:d county persorial;y carne
<br />and ..__ -_..__ ._...__. ___._.. _. . -... ... .... -. _ . hnowry ro tire to oe the identical persons who \� -a
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof in be rhea o'untary act and aped
<br />WITNESS my hand and notarial seat on this the day and vear last above written
<br />,SEAL)
<br />71 00 i
<br />r n
<br />L Cam+
<br />__.. I
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