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AL—or (d) Beneficiary may elect to cause the Trust or any pan thereof to be sold under the power of sale, and in such event,
<br />Beneficiary or Trustee shad 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, shad sod 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: (i) to the cost and expenses of exercising the power of sale and of the sale, including but not limited
<br />to, trustee's toes 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 (iti) the excess, if any, to the person or persons legally entitled thereto.
<br />Ad casts and expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title
<br />Ages, appraisal fees, preniiwns for V& 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 obdgations of Trustee shad be determined solely by the express provisions of this Deed of Trust and Trustee shad 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 shad be imposed upon Trustee,
<br />(b) No provision of this Deed of Trust shad require Trustee to expend or risk its own funds, or otherwise incur any financial obligation in
<br />the penormance of any of its duties hern+rrder, or in the exercise of any of its rights or powers.
<br />(c) Trustee may consuft 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 shad 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 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 all 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 shad the principat amoun DDf too indebtedness secured by this Deed of Trust, not including sums advanced to protect
<br />the security, exceed the tote! sum of 5 1 �L, 5000.00 . 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 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 !o 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 ad 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, shad 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 been duly execur a day 9,eld year first above written.
<br />—
<br />STATE OFNEBRASKA ) v Elaine J. Wieck
<br />)ss.
<br />COUNTY OF )
<br />On this — day of — . 19 _ , before me, a notary public in and for said county, personally came
<br />and
<br />of 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 />(SEAL.)
<br />"A V P,_,9
<br />STATE OF NEBRASKA )
<br />)ss.
<br />COUNTY OF )
<br />t,.-
<br />on dtis 28thday of November 19 86 , before me. a notary public in and for said county, personally came R i chard B. Wieck
<br />and __._ --ETa -1n a 7. Qie F_ _ , 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 deeo.
<br />WITNESS my Rand and notarial seal on this the day and year last above written.
<br />j+
<br />(SEA!)
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<br />pram fns � l
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