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(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 ed 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 l/m f
<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.() o
<br />the Indebtedness, and (iii) the excess, if any, to the person or persons legally entitled thereto.
<br />All costs and expenses incurred by fees, appraisal fees, premiums for tittle insurance, ce, attorney fees and hcourt costs, shall be and constitute Indebtedness limitation.
<br />ecured hereby.
<br />title
<br />27. Duties of Trustee. Trustor agees that.
<br />(a) Duties and obligations of Trustee shall be determined solely by the express provisions n! 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 ds
<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 mate future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of
<br />to
<br />Trust. At no time shall the principal amount of the Indebtedness secured by this Deed of Trust, not including sums advanced c protect
<br />the security, exceed the total Burn of SQ�Q.___ - -- . 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 all noes evidencing Indebtedness secured by this Dried 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 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 winch 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 hme 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 restrictirg 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, snail be conclusively presumed to have been abandoned by Trustor.
<br />33. Notice to Trustor Trustor hereby requests that a copy of any nonce of detauit and notice of sale made or executed by Trustee pursuant
<br />to the provisions hereof be sent to Trusror at its mailing address set forth hereinabove
<br />IN WITNESS WHEREOF, this Deed of Trust has been duly executed the day and y ust aoove written
<br />Ronald L.. Badura
<br />STATE OF NEBRASKA
<br />iss
<br />COUNTY OF
<br />Ronald L.
<br />a ur n _ ,7y I' b ! �5_ , helore me, a notary public in and !or said county, personally carne - -- - --
<br />3Dd rh,� � �r �LQ__� 14
<br />ers ��x
<br />in le-- o..n
<br />_ &rand -- .Island,- - Rnown to me to be the identical persons who
<br />of Nebraska
<br />signed the foregoing Deed of Trust and acknowledged the execution thereat to be their voluntary act and deed. and the voluntary act and
<br />deed of said corporation.
<br />WITNESS my hand and notarial seal on this the clay an ea above written
<br />iSEA1);f
<br />STATE OF NEBRASKA
<br />).SS.
<br />COUNTY OF _. _ I - .
<br />On this __ __ day of ._ . .
<br />19 before rrie, a notary public n and far said county. personally came
<br />known to mP to hN the rienbUdl pCrSam: vd7J
<br />and _. _ _
<br />signed the foregoiny,0eed of Trust and acknowledged the exec rbcn fhere:o! to tae their vuhmtfry act and deertJ
<br />WA WOWESS my haAB and nnt"I Seal (3� this the day and year last above wntteri
<br />.a
<br />`M1 &SEMI,,
<br />Z
<br />t u�
<br />SS
<br />
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