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(d) Beneficiary may elect to cause the Trust Properly or any part thereof to be sold 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 lawn. 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 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 tees 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 (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 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 of its own choosing and file 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 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 pow, ers 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 tha 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 with all other property of Trustor, either similar or dissimilar to the same, now re hereafter located of a 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 /he principal amount of the Indebtedness secured by this Deed of Trust, not including sums advanced to protect <br />under security, exceed the iotal sum of S _._rant+ <br />un . Advances of disbursements made by Beneficiary to protect the security, <br />der the terms hereof, white discretionary, shall not be deemed to be optional advances. <br />30. Reconveyance. Upon payment of all Indebtedness secured by this Deed of Trust, Beneficiary shalt request Trustee to reeonvey the <br />Trust Property and shall surrender this Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to Trusfee. <br />Trustee shalt 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 />3t. 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 />Properly, 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 ur the creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to <br />al!er 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 sate 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 executed ay and year first above written. <br />-- <br />STATE OF NEBRASKA <br />COUNTY oF_ )Ss, Agnes E. Lewandowski <br />Hall.___ ) <br />Onthis� 11[4yof�je <br />of ___Grand Tela <br />signed the foregoing Deed <br />deed of said corporation. <br />WITNESS my hand an <br />(SEAL)' <br />before me, a notary public in and for said county. personally came Ron el R <br />Agnes -E._t wandnweki._ Lq and,and Wife y `— <br />lged the execution thereof to be their voluntary act and deed, and the voluntary act and who <br />on this the day and year last above written. <br />STATE OF NEBRASKA ) <br />COUNTY OF .__ )ss. <br />C <br />On this — day of , _ 19 before mu, a notar <br />y puLt;r it) fo and sa d County, personally came <br />and - _._..� <br />V �igned the foregoing Deed o /Trust and acknowledged the execution fheraof to be their voluntary a o and deed be the identical persons who <br />d�WITIYESS my hand and notarial seal on this the day and year lest above written. <br />4SEAL) <br />__--- <br />C 00 ci . <br />4 <br />d i I I. <br />