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(d! Beneficiary may elect to cause the Trust Property or anv Dan thereof to be sold under the power of sale, and ,n such event. <br />Beneficiary or Trustee shall give such notice of default and notice of sale as may be then required bylaw Thereafter, upon the <br />expiration of such time and the giving of such norice 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 safe, including but not limited <br />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, ill) to <br />the indebtedness, and (iii) the excess, it 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, aftorney fees and court costs. shah be and constitute Indebtedness secured hereby. <br />27. Dames of Trustee. Trustor agees that: <br />(a) Duties and obligations of Trustee shall be determined sole)v 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 experd 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 rgh!s 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 />id) Trustee shall not be liable for any action taken by it m 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 conviture a security agreement and fixture filing under the provisions of <br />Me 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 t:he same. now or hereafter located at or on Me <br />Trust Property. <br />29. Future Advances. Upon request of Trustor. Beneficiary, at Beneficiary s option. prior ro lull econveyance of the Trust Properry 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 5 Advances o1 disbursements made by Beneficiary to protect the security. <br />under the terms hereof. while discretionary. shat) not be deemed to be optional advances. <br />30. Reconveyance. Upon payment of all Indebtedness secured by this Deed of Trost, Benehcian- shall request Trustee to reconvey the <br />Trust Properly and shall surrender this Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to Trustee <br />Trustee shall reconvey the Trust Properly without warranty and w,tnout charge to the person or persons legally ei!ined thereto Such <br />person or persons shall pay all costs of recordation• if anv <br />3' 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 art instrument recorded in the county ,n wnich this Deed of Trust is recorded Without conveyance of the Trust <br />Property. the Successor Trustee shall succeed to all title, power anr. duties conferred upon, Trustee herein and by applicable law <br />32. Miscellaneous Rights of Beneficiary Beneficiary may at any time and from tome to time. without notice. consent to the making of any <br />piar 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 terms of this Deed of Trust Any personal property rernatmrng upon me Trust Property after the Trust Property hms <br />been possessed or occupied by Beneficiary, its agent or any purchaser following Trustee s sale. foreclosure. or under any reed in ),eu <br />of Trustee -s safe or foreclosure, shah be conclusively presumed !O nave been abandoned by Trustor <br />33 Notice to Trustor Trustor,hercrby requests that a copy of any notice of oefautt and notice 0 sale made or executed by Trustee pursuant <br />to the provisions hereof be sent to Trustor at its mailrnq address set forth ncreinabove <br />)N WITNESS WHEREOF, this Deed of T rust has been duly executed ire day and year fast above wnften <br />GEORGE W. *L1VIti % <br />i 1...lm c -f. - - <br />STATE OF NEBRASKA �' ' ..artln Pow of attorney <br />COUNTY' OF Hal 1 <br />On h 5 ' 1_ flday o1 0Ct.n1ILt' _- r <br />y - ��. D£. IC,re r'ary 41 an[! for ;a, L' JJUn!y' oersbnaily Came _ h ! hair, C. Martin <br />of :�CSri =S :3t -..iCT oaf v iQr fiW7: �'FS. ia.. and °:.zStl.il _.._ <br />_mown d me to be 1ne ider rca! pe %rons w »c� <br />signed the foregoing Deed of Tru, exec, .roc t"er »c•f 'c be ! re'r vduri,ary dC�f ar 1 deed, and the volun.ary' ac: an d <br />geed bf Said corporari;,n <br />WITNESS my nand ano nd,'anc _ e.ii ,_vi <br />SEA; <br />STATE OF NEBRASKA <br />COUNTY OF <br />„ <br />May 13, 1988 <br />On this - _-._ day of iq ic.. <br />c+. rr' me, rt ;iofery puhnr: n dnd Irir Said r.ii rty. Utrsnnai %y carne <br />x „Own f( ,r. t. lr fhtr :dpi li a'(e., nn�groric <br />J1, neo the foregoing Deed Of Trw f anq aCknQwlerlgeU the execution 1heR O� r be .'heir . iSiunt -qtr act ,l t I ,7eed <br />.,WITNESS my n3ral'and nnr,_q 'at c.eai ,rn this the day and year iatit above wnneri <br />,5440 - <br />t'. t <br />a <br />y <br />