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t <br />1 <br />(d) Beneficiary may elect to cause the Trust Property 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 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 />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 one-half of one percent of the gross safe price, and reasonable attorney fees, (it) to <br />the Indebtedness, and (iii) the excess, if any, to the person or persons legally entitled thereto. <br />Ail costs and expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limitation, abstract or title <br />fees, appraisal lees, premiums for title insurance, attorney fees and court costs, shall be and constitute Indebtedness secured hereby. <br />27. Dudes 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 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 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 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 3 J= e----- . 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 shall surrender this Deed of Trust and afl 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 person or persons legally entitled thereto. Such <br />person or persons shall pay all costs of recordation, it 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. 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 />alter 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 sale made or executed by Trustee pursuant <br />to the provisions hereof be sent to Trustor at its mailing address set forth here(nabove. <br />IN WITNESS WHEREOF, this Deed of Trust has been duty executed the day and year first above written <br />,c <br />Petra P. Sa" ez <br />STATE OF NEBRASKA I <br />COUNTY OF ___HALL )ss ) <br />On this Ind day of _ ------ 19 before me, a notary public m and for said county. personally came .- PPtra_P.__ Sanchez, <br />of ___.__ _ —__ phraska_ _ _ _. __ _ - _ -..__ known to rite to be file identical persons who <br />signed the loregoi n of ,;r rid acknowledged the execution thereof to be rhea voluntary act and deev, and the voluntary act and <br />deed of said cor ; +� <br />WITNESS axial seat on this the day and year last above written <br />(SEAL *4;1, � <br />8 -12 -88 <br />STATE OF NEBRASKA <br />)ss. <br />COUNTY OF - --_- - - - - -- _ -__ <br />On this ._._.._ day of __ .___.. -__ ___.._ .. 19 ____ , before me, a notary public in and for said county, personally carne <br />n and ...... _–_. __. .__ ._.__._ .. _. _ _._ ..- - ._ . - known to me to be the identical pe?iSUn.S w'ho <br />!. signed the loregoingrDeed of Trust and acknowledged the execution thereof to be their voluntary act and deed <br />WFMESS my h V 6% nd not*W seal or this the day and year last above written <br />~1I U <br />Fa <br />