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8 11 1A11(� 1 <br />(d) Beneficiary may elect to cause the Trust Property or any pail thereof fb a SORT t7 4 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 sets 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 Amenca. 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 fees or not more than $500.00 plus are -half of one pe +cent of the gross safe price, and reasonable attorney fees. (it) to <br />r' the Indebtedness, and Oil) 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, attomey fees and court costs, shall be and constitute Indebtedness secured hereby. <br />27. Duties of Trustee. Trusty 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 c,` 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 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 shalt not be liable for any action taken by it in good faith and reasonably believed by it .o be authorized or within its <br />discretion or rights or powers conferred upon r, 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 respec: to those fixtures described rn the preambles hereof as cunstituting a part of the <br />Trust Property, together with all other properly 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 Benehcjary 's option, prior to .furl 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 onncipa) amoiinr of the indebtedness secured by this Deed of Trust. not inctudmg surns advanced to protect <br />the secunty, exceed the tola,' sum of 5 22.500.00 _. Advances of disbursements .made by Beneficiary to protect the security. <br />under the terms hereol, white discretor,_ary. shay! not be deemed to be optional advances. <br />30. Reconveyance. Upon payment of aft Indebtedness secured by this Deed of Trust Beneficiary shall request Trustee to reconvey me <br />Trust Property and snag surrender this Deed of Trust and ail notes ev:oencing Indebtedness secured by this Deed of Trust to Trustee <br />Trustee shall reconvev the Trust Property wirhour war, anry and without charge to the person or persons legally entitled thereto. Such <br />person or persons shalt pay all costs col recordarfo,7. r any <br />31 Substitute Trustee. Beneficiary, at its option- may from rime to time remove Trustee and appoint a Successor Trustee to any Trustee <br />appointed hereunder by an instrument, ecorded in the county in which this Deed of Trust is recorded Without conveyance of the Trust <br />Property. the Successor Trustee shalt succeed to art f1le. power and duties conferred upon Trustee herein and by applicable law <br />32 Miscellaneous Rights rf Bereficiay, Beneficiary may at any time and from rirne To rime, withour notice. consent to the making of any <br />plat of the I rust Probeny or the creation ct any easement thereon or any covenants restnctrng use or occupancy thereof or agree to <br />after or amend the terms of this Deeo of Trust Any personai property remaining upon the Trust Property after the Trust Property has <br />been possessed or occupied by Beneficiary, rs agenr or any purchaser forkiwing Trustee s safe.. foreclosure. or under any deed in treu <br />of Trustees sale or fcrecioscire. Shalt be : :oncrusrvely presumed to have been abandoned by Trustor <br />33. Notice to Trustor Trustor hereby requests that a copy of any notice of defaul' and notice of sate rrra�r executed by Trustee pursuant <br />to the provisions nereof be sent ro Trustor a.'!rs mailing address set forth here. Dove <br />r !' , <br />IN WITNESS WHEREOF this Deed of Trust has been duty day and 11 rss - <br />X ( I(L. <br />David C. Huston <br />STATE OF NEBRASKA <br />SS <br />COUNTY OF <br />On this -_ day '1f - ____----- .__.____. t9 _ be fare rite a ^!ifare . ^,u tic arvo rnr Said roi:nty. oersonarly came - -- -- -- _-- -_ - - -. -- - - -- <br />ot — _- - - - - -- -_ -.__ _- _ _. Known to me to be. the identical persons who <br />Signed the foregoing Deed of Trust and ackncwieoged the execunor. ; ^crevi ro be their vaduntary act and deed. and fie voluntary act and <br />deed of said corporation <br />WITNESS my nand and notarrai sea! or, !firs ^_ day and year ast aoove wr,*te, <br />SEAL) <br />STATE OF NEBRASKA <br />;cs <br />COUNTY OF Ha 1 I <br />On this 16-0 day of ._?ecember -_ . 19 --5E betore Te. a no'iary oublfc ,n and for said ceiunty oe sonafi'v came David C. Huston, <br />_s3S 1_ct�¢le n�rGo11 -- - -- oti - - <br />�L' me to �. . ^P ode iLC71 air .D S iV t`t^ <br />Signed the foregoing Deed of Trust and acknowfedged the execution rnereo to he reir airy a t > ^d deeo <br />WITNESS my hand and noranai seat «n 'h=s the day and vear rasr a:,ve wnnen <br />6fMrl N. DiNlli I ` ` r r <br />Onrt 6L Mw 11 1!(MI <br />