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(d) 8e0610ciary may elect to cause the Trust Properttoia4 p941hereof to be sold under the power of sate, and in such event, <br />SenNiciary or Trustee shall give such notice of default and notice of safe 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 sag such Trust Prop", or any pan thereof specified by Beneficiary, at public auction to the highest <br />bidder for cash in fawhtf motley of the United States of America. Upon receipt of payment of the price bid, Trustee shall apply the <br />proceeds in the fallowing order, (t) to the cost and expenses of exercising the power of sale and of the sale, including but not limited <br />to, Vustse's Am or not more then 5500.00 plus' one hall of one percent of the gross sale price, and reasonable attorney fees, (it) to <br />the Indebtedness, and (ia) the excess, it any, to the person or persons legally entitled thereto. <br />AN casts and expenses incurred by Beneficiary in enforcing any right under this geed of Trust, including without limitation, abstract or title <br />AM, APWMM fws, AWMU ns for Otte insurance, attorney fees and court costs, shah be and constitute Indebtedness secured hereby. <br />27. Duties of Trust... Tnslor epees [let: <br />(a) Duties and obligations of Trustee shag be detsmllned solely by the express provisions of this Deed of Trust and Trustee shall not be <br />gable except for the perAwmance of such duties and obligations as are specifically set forth herein, and no implied covenants or <br />ob6gabons SAM be imposed upon Trustee, <br />(b) Ab provision of drfs Deed of Trust shag squire Tnistee to expend of risk its own funds, of otherwise incur any financial obligation in <br />ft parkwnswe of any of its duties hereunder, or in the exercise of any of its rights or powers. <br />(c) Tnrsfae may cansug with 001,10`13ef Of its own choosing and the advise of such counsel shag be hit and complete authorization and <br />proNCtr M in the respect Of any action taken of suffered by it hereunder m good faith and reliance thereon, and <br />(d) Trustee shag not be gable for any scow taken by it in good faith and reasonably believed by it to be authorized or within its <br />dfscrafon or dogs or powers conferred Lpon it by this Deed of Trust. <br />28. Secu my Agreement and Fixture F*7g. TINS Deed df Trust shaft constitute a security agreement and fixture filing under the provisions of <br />Me Nebraska Uniform Commercial Coda wrM respect to those fixtures described in the preambles hereof as consolumng a pan of the <br />Trust Property, together with all other property of Misror, 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 Trusts. Beneficiary, at Beneficiary's option, prior to full reconveyance of the Trust Property by <br />Trustee to Trusto, may make future advances to Tfustor. Such future advances, with interest thereon, shall be secured by this Deed of <br />Trust At no time SW the principal amount of the Indebtedness secured by this Deed of Trust, not including sums advanced to protect <br />8re secunly, exceed the total sum of S . Advances of disbursements made by Beneficiary to protect the security, <br />wMw the terms hared, while discretionary. shah not be deemed to be optional advances. <br />30. ReCOnveyanee- Upon payment of all Indebtedness secured by this Deed of Trust Beneficiary shag request Trustee to reconvey the <br />Trust Property and she# surrender this Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to Truslee <br />Trustee shag reconvey the Trust Property without Warranty and without charge to the person or persons legally entitled thereto. Such <br />person of persons shag pay all costs Of recordation, it any. <br />37. Subsnao Mist". Beneficiary, at as 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 />Property, the SuCCe850r Trustee shall succeed to all Me, power and duties conferred upon Trustee herein and by applicable law. <br />32. Aftce neous 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 creator[ of any easement thereon or any covenants restricting use or occupancy thereof or agree to <br />Mar of amend the terms of this Deed of Trust. Arty personal property remaining upon the Trust Property after the Trust Property has <br />been possessed of occupied by Benehorary, its agent or any purchaser following Trustee's sale, foreclosure, or under any deed m beu <br />of Trustee's safe of foreclosure, shah be conclusively presumed to have been abandoned by Trustor <br />33. Notice to TrustoF Trusty hereby requests that a copy of any notice of default and notice of sale made or executed by Trustee pursuant <br />to tM provisions hereof be wort to Trusto at its marling address set North hereinabove. <br />iN WITNESS WHEREOF, thas Deed of Trust has been duty executed the day and year first above written <br />- - - -- <br />STATE OF NEBRASKA <br />COUNTY OF <br />On ft g: day of __ , 19 �� , before me, a notary public in and for said county, personally came - <br />signed die Deed d Trust and^ ,, the execution thereof to be their voluntary act and deed, andtthei re 3 t!ga rt _ _ _ _ _ <br />Of <br />- - - identical persons who <br />deed � said corporation, � <br />voluntary act and <br />WITNESS my hard and rotanai seat on d �ear east above written <br />(SEAL) <br />STATE OF NEBRASKA ) <br />)ss. <br />COUNTY OF <br />On this - day of , 19 __ , before rte, a rotary public in and for said county, personalty came <br />ansd .- -- a. known to me to be the identical persons wno <br />fared 11e lorepoktp Deed Of Trust and acknowledged the execution thereof to be rhea voluntary act and deed <br />ti Wt�bESS my hantafd notawat. on this the day and year last above written. <br />4, S. <br />,n <br />jj4..,... .. _ ._. .. _ <br />e.,ad ss <br />n _ <br />11 <br />LA <br />