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96-- 104834
<br />(d) Beneficiary may elect to cause the Trust ProperV' any part thereof to be sod 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 thereat 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 (s) 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 Ulan $500,00 plus ane -halt of one percent of the gross sale pnce, and reasonable attorney fees, no to
<br />h 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 We
<br />fees, appraisal fees, premiums for We insurance, attorney fees and court costs, shalt be and constitute Indebtedness secured hereby:
<br />27. Duties of Trustee. Trustor agees that:
<br />s (s) Duties and obligations of Trustee shaft be determined solely by the express provisions of this Deed of Trust and Trustee shaft 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 arty financial obligatiort 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 consul with counsel of its own choosing and the advise of such counsef shat 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 good faith acrd reasonably believed by it to to eutitorized or eritan Its
<br />discretion or rights or powers conferred upon ii by this Deed. of Trust
<br />A. Security Agreement and fixture Filing. This Deed of Trust shah constitute a security agreement and fixture hang under the provisions of
<br />the Nebraska Uniform Commercial Code with respect to dia" fixtures described in the preambles hereof as constituting a part of the
<br />Trust Property together with aff other property of Trusior, 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 soption- prior to tug recoraveyarnce of the trust Property by
<br />Trustee to Trusfor, may make future advances to Trustor: Such future advances, with interest theneans shall be secured by tins Heed of
<br />Trust At no time shall the principal amount of the Indebtedness secured by this Deed of trust, not mckrding sums advanced to promaG€ .
<br />the security. exceed the total sum of S 24.0GO - (iD , _Advances of disbursements made by Beneficiary to protect the sectaila,
<br />under tine terms hereof. while discrelrortery, she# not be dawned to be option/ advances.
<br />30 Reccnveyance. Upon payment of alf Indebtedness secured by this Deed of Trust. Beneticrary shag request Trustee to fecornvey flue
<br />Trust Property and shall surrender On Deed of Trust and ad notes evidencing Indebtedness secured by this Deed of Trust to Trustee. -
<br />Trustee shall reconvey the Trust Property wit warn ty and -� charge to the perswh car perssuus legally d �: Swear
<br />person or persons shall pay aft costs of recordatitna, if arty.
<br />31. Substitute Trustee. Beneficiary, at its optiom may from time to time remove Trustee and appoirnt a S essor Trustee #t slily try
<br />appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded.- Wfthotrt 0orweymm of Trust
<br />Property, the Successor Trustee shall succeed to aft' rite, power and duties conferred upon Trustee herein end byappOcabie lawn
<br />32. MiscalIaneous Rights of Beneficiary. Beneficiary may at anytime and from fir" to time, without notice. consent to &mi f w 4f eny '
<br />plat of the Trust Property or the creation of any easement thereon or any covenants restricting use or OCCLvaricy thereof rx og ee to
<br />alter or amend the terms of this Deed of Trust, Any peisoraai property remaining upon the Trust.Pro ty afterJhe TntsY Property lras
<br />been possessed or occupied by Beneficiary; its agent or any purchaser igfi awl 's sate, forectostwe, or under ary deed i7Ji su
<br />of Trustee's sale or foreclosure, shag be presumed to have been didxledf by Trustor.
<br />;i3_ Malice to Trustor, Trustor hereby requests #W a copy of any notce c .notice of irzestes.
<br />to the provisions hareof be sent to Tractor nits mailing address set torn.
<br />till WITNESS WHEREOF, bas Deed of Trust has been dt* executed the last
<br />as
<br />r
<br />STATEOFNEBRASKA j tat Smith
<br />iss.
<br />COUAfTY QF !
<br />On this - day of '= 8 , before me, a notary public in and for said county, pig came
<br />and
<br />of known to ire to be tie dermcal personas who
<br />signed the foregoing Deed of Trust and acknowledged the executors thereof to be their voluntary act and deed, and the wake fary all and
<br />deed of said corporation.
<br />WITNESS my hand and notarial seal on this the day and year last above written.
<br />On this -�22— day of �y _ 19 Bf:_ , before rile, a rotary public in and far said county, personally carne mug? as 3. � h
<br />and Kathryn Smith sJRusbapd & Gtife) known to me to be the idenecaipenrons who
<br />signed the foregoing Deed of Trust and acknowledged the execution More& to be their voluntary act and deed.
<br />WITNESS my hand and notarial seal an this the day and year tali above written.
<br />r
<br />(SEAL)
<br />tht b* 1ltl
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