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(d) Beneficiary may elect to cause the Trust Property or any part thereof to be sold under the power of safe, and in such event,
<br />Beneficiary cr Trustee shall give such notice of default and notice of sale as may be then required by taw. 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 speed
<br />by the notice of safe, shall sell such Trust Property. or arty 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 paymentt of the price bid, Trustee shall apply the
<br />proceeds in the following order. (i) to the cosh and expenses of exercising the power of sale and of the sale. including but not knifed
<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, (if) to
<br />the indebtedness, and (iii) the excess, if any, to the person or persons legally entitled thereto..
<br />AN costs and expenses incurred by Beneficiary in enforcing any right under this -need of T Yost. inckidng without f- titattion, abstract or &L-
<br />tees, 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 shah not be
<br />liable except for the performance of such duties and obligations as are specifically set forth herein, and no fmpded 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 of its own choosing and the advise of such counsel shall be full and complete audrorizati[n 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 shaft 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 Fixture tiling. This Deed of Trust shaft constitute a security agreement and fixture Ong under the provisions of
<br />the Nebraska Uniform Commercial Code with respect to those fixtures described in the preambles hereof as constlubng apart of the .
<br />Trust Properly, together with all other property of Trustor, either similar or dissimilar to the same_, now or hereafter k cated at or on the
<br />Trust Property.
<br />23. Future Advances. Upon request of Trustor, B �nefrciary. at Beneficiary's option, ,prior to hill reconveyance of the Trust Prgperty by
<br />Trustee to Dustor. may make future advances to Trustor. Such future advances, with interest thereat, shall be secured by this Deed of
<br />Trust At no time shall the principal arr!oV 06M f ebtedriess secured by this Heed et trust not incfudirtg sums advanced to protect
<br />the security, exceed the total sum of S '� Advances of disbursements made by Beneficiary to protea the seeernty,
<br />under the terms hereof while discretionary, shall not be deemed to to optional advances.
<br />30, Reconveyance. Upon payment of all Indebtedness secured by this Deed of Trust. Beneficiary shall request Trustee to recaomrey the
<br />Trust Property and shall surrender this Deed of Trust and all noes 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. S€hch
<br />person or persons shah pay all costs of recordation, it 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. 14rrtout conveyance of the Trust
<br />Property, the Successor Trustee shall succeed to all tittle, power and duties conferred upon Trustee herein and by appacable law.
<br />3Z. Miscellaneous Rights of Beneficiary. Beneficiary may at any time and from time to time, without notice, cm. serit 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 time terms of this Deed of Trust Any personal property remaining upon the Trust Properly after ?rte Trust Property, has
<br />been possessed or occupiers by 3eneiicfary, its agent or any purchaser following Trustee's sate. foreclosure, o under any deed in lieu
<br />of Trustee's sate or foreclosure, shall be conclusively presumed to have been abandoned by Trustor.
<br />33. 1Jbfte to Truslor. Trustor hereby requests that a copy of any notice of default and notice of sale made or executed bv Trustee pursuant
<br />to Vie provisions hereof be sent to'Tmstor at its maifing address set forth heremabove:
<br />Mit WITNESS WHEREOF, mss Heed of Trust has been dray executed the day and year first abov written_
<br />"l ax ethzeen
<br />STATE OF NEBRASKA
<br />COUNTY OF
<br />On this — day of 19 ._._ . before me, a notary public in and for said county, personalty came —
<br />and
<br />Of - ,.known to me to be the idenocaioersons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof to be their voluntary act and deed and ire voki ita v act and
<br />deed of said corporation-
<br />WITNESS my hand aid notarial seat on this tee day and year last above written.
<br />(SEAL € o
<br />STATE OF NEBRASKA
<br />COUNTY OF Ball j 3
<br />v. o
<br />on this 1, iday of _ Sept- 19 --8h, before me, a notary public in and for said county, personalty came *aaY -_ *.,.rte,..zQ _ -
<br />and gran Lorenzen, Husband and Wife known to me o, be he idensca, cersons who
<br />signed the foregoing Deed of Trust and acknowledged the execution thereof m be their voluntary act and deed - „ s
<br />WITNESS my hand and notarial seat on this the day and year last above written. f(
<br />GkA
<br />01:10M K OMSS r
<br />May 13, 1988
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