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Beneficiary may elect to cause the Trust Property or any pan 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 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 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 />Q 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 />0 to, trustee's fees or not more than $500.00 plus one-half of one percent of the gross sale price, and reasonable attorney fees, (if) to <br />the !ndebtedness, and ()ii) the excess, if any, to the person or persons legally entitled thereto. <br />("IAII costs and expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title <br />Cid 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 than <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 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 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 )n 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 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 shall the principal amount of the Indebtedness secured by this Deed of Trust, not including sums advanced to protect <br />the security, exceed the total sum of S, 118 - Q . 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 shalt 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 Berson or persons legally entitled thereto. Such <br />person or persons shall( pay alt costs of recordation, if any. <br />31. 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 />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, rnnsent to the making of any <br />plat of the Trust Property or the creation of any easement thereon or any covenants, Pstricting use or occupancy thereof or agree to <br />after 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 Trustees sale or foreclosure, shat 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 salymade or executed by Trustee pursuant <br />to the provisions hereof be sent to Truster at its mailing address set form nereinabove <br />IN WITNESS WHEREOF, this Deed of Trust has been duly execute&Naay and year firs n wr!tten. <br />R/i,char L.�7am ier, Presidc��— _ <br />STATE OF NEBRASKA r l. lam C. C:n son, Secretary—Treasurer <br />COUNTY OF } <br />On this ?5 day of � _ePtvm er '9 d5. before noe, a notary public ,n and lot said county, perconafiy came Richard L.- and . willi= C. _Carssla_ <br />of ..1liv__GrAn - IslA 1SL.Veuxinary . _5Q*.? tali Inc, known to me to he the identical persons who <br />signed the foregoing Deed of t and acknowledged the execution hereof:,; be their voluntary act ana deed, and the voluntary act and <br />deed of said corporator r _ <br />WITNESS my itan S, his the day and year last at ove writter., <br />iSEAL) <br />N0TARY <br />'r <br />COMM IESSRIN <br />D{PIRES <br />of <br />STATE OF NEBRASKA <br />)ss <br />COUNTY OF <br />On this day of _ 19 __ __ , before me, a notary public m rind rnr saio county, personally carne <br />end -nn.vn to me to be the ;(lentR :al persons wha <br />signed the foregoing Deed of Trust and acknowledged the execution thereof robe then voluntai , act and feed <br />WITNESS my nand and riotanat leaf on this the day and year last above writterr <br />rSEA4+ <br />L <br />t <br />