Laserfiche WebLink
(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 shah give such notice of default and notice of s<r'e as may be then required by law. Thereafter, upon Itit <br />expiration of such time and the giving of such notice of sale as may then be squired 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 bur not limited <br />lo, trustee's fees 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 (ui) 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 Deed of Trust, including without limitation, abstract or title <br />foes, appraisal togs, premiums for title insurance, attorney fees and court costs, shelf be and constitute Indebtedness secured hereby. <br />27. Duties of Trustee. Trustor ogees 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 />Gable except for the performance of such duties and obligations as are specifically set forth herein, and no Implied covenants or <br />obkg~s shalt 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 shall not be Gable 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 part of the <br />Trost Property, together with all other property of Truslor, either similar or dissimilar to the same, now or hereafter located at or on the <br />Trust Properly. <br />29, Future Advances. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to full reconveyance of the Trust Properly by <br />Trustee to Trustor, may make future, advances to Trustor. Such future advances, with interest thereon, shell be secured by this Deed of <br />Trust. At no time shalt the principal amount of the fndebtednnss secured by this Deed of Trust, not including sums advanced to protect <br />the security, exceed the total sum of S llolle_____ . 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 Indehtednos,s secured by this Deed of Trust. Beneficiary shall request Trustee to reconvey the <br />Trust Property and shalt surrender this Deed of Trust and all notes evidencing indebfedness 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 front lime 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 />Property, 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 or the creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to <br />after or amend the ferns 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 ! oreclosure, shalt be conclusively presumed to have been abandoned by Trustor. <br />33. Nonce to Trustor. Trustor hereby requests that a ropy of any notice of default and notice of sale made or executed by Trustee pursuant <br />to the provisions hereof be sent to Tnrstor at its mailing address sel forth heremabove. <br />IN WITNESS WHEREOF, rhos Deed of Trusl has been duly execul day and year,iffsk. above wntt <br />STATE OF NEBRASKA ) Lana M. Aust.ri <br />"os <br />COUNTY OF HALL ___ ) <br />On this 27Ttbay of u&ust.y_ 19 .. ; . before me, a notary public in and for said county, personalty came <br />_,7�_ and F:rana M._Au::ti.tu.-- •-- .._�Kaat>F►e. tiu ;Leuui._:uxd..4tif�...__...._ .___. <br />pf ar•anit r r's'= t�-•� . - ,4T._ _..__ _...__..__ _ _..._.. -_.__ , known to me to be the identical persons who <br />signed the foregoing Deed of Trus a knowl.gd a execution thereof to be their voluntary act and deed, and the voluntary act and <br />deed of said corpovafton. : G.tvlk�� •., <br />WITNESS my hand and notar I on #his the do an ear last above w'nnen. <br />NOTkRY <br />(SEAL,) COMM!hSION <br />E%MIRES <br />MW <br />S o <br />��OFNE�� 1ui <br />STATE OF NEBRASKA ) <br />Iss. <br />COUNTY OF�__ __ ) <br />On Btis — day of ______.___..._ .._.. , 19 .. -_.... , before me, a notary public in and for said county, personally came <br />and _._..__..._.__. _ .. .. ... , known to me to be the identical persons who <br />00aad tin kvegoaty Deed of Trust and acknowledged the execution thereof to be their voluntary act and deed. <br />WITNESS my hard and notarial seat on this the day arid) ear last above written <br />U) <br />1 (SEAE7 ) <br />:,` <br />C4 <br />m a <br />WEST gptfl( <br />i <br />� � N,t1I1tMR1 ASS(i.Q4A�IMM�IN <br />[.9 l',J v -, i':':1 E'.ig.t itlds <br />IIlk <br />