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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, arid ut such event. <br />Beneficiary or Trustee shall give such notice or 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 sale pace, and reasonable attorney fees. (it) 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, attorney fees and court costs, shall be and constitute Indebtedness secured hereby. <br />27. Duties of Trustee. Trustor agess that <br />(at 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 or 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 dunes hereunder, or in the exercise of any of Its rights or powers. <br />ic) 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 />fdl Trustee shall no! be /table for any action taken by it in good faith and reasonably believed by it to be authorized or within its <br />discretion or nuhts 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 properly 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 "_ ._ -_.__ _. - .. — Advances of disbursements made by Beneficiary to protect the security, <br />under the terms hereof, while discretionary, shall not be deemed r0 be optional advances. <br />30 Reconveyance Upon payment of al. Indebtedness secured by !his Deed of Trust. Beneficiary shall request Trustee to reconvey the <br />Trust Property 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 Property without warranty and without Charge to the person or persons legally entitled thereto. Such <br />person or persons shalt pay all costs of recordation. if any <br />37 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 s,icceed 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 />ofat 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 Trusr Any personal property remaining upon the Trust Properly after the Trust Property has <br />been possessed or occuoiria Cy Beneficiary its ages or any purchaser following Trustee's sale, foreclosure, or under any deed in Neu <br />of Trustee s sale or toreciusure shall be conclusively; mesumed to have been abandoned b'v Frustor. <br />33 Notice to Trustor Trustor herebv iequesrs thaf a copy of any nonce of default and notice of sale made or executed by Trustee pursuant <br />to the provisions hereof be '[Pot '(,, TruSrnr at irs mailtnq address Sef north hereinabove <br />tN WITNESS WHEREOF this Deeo �)i Trus! has been duly executed trip day and year first above written <br />GEORGE W. MART IN B TIIv ,(�+ <br />or <br />STATF OF NE8RASKA wham C. Martin, Power of Attorney <br />COUNTY OF Ila 1 I <br />On ovs 1_lthdav ,r October '9 �b rwforP "'e. a ncuary public ;n and for said counrv. personally came William C_ Martin <br />Power -nf Attorney for Gcorua Wjrx,. `-art in and Marian B. Martin _ _. - ------ _�_� - - --. <br />of Grand- Island, Neabraska known to me to be the identical persons who <br />s,yneo the foregoing Deed or 7ius! and ,icknowiedged me c -xec uooti !Hereof ro be their voluntary act and deed, and the voluntary act and <br />deed of said corporation <br />WITNESS my hand and notaniu foal ixi 'fin the day ano y(-'v ,'W abnvP N"nen <br />ooM K DAM <br />Nro..awruwr <br />STATF OF NEBRASKA <br />(,'IDUN I Y OF <br />()n M'i' -'try of •,! 7rr•tq•r> ma d +�nfdry puhiii ,irrJ 'r' ,ar<I nunrp h@r4indliy I diner <br />afro' tnnwn !n'ne !ri hit ;hr ,dPribc,'?I persons who <br />.�i(lnnd the fLiregnirrq Omer of r'usi anit d, v'inAlif-MI -fit ton r +xpr W,or !N-f —f & ! dnd J��prt <br />�..�,�. We b: i "1f.55 rtiy ha.'1d surd ne,larai -,r ;i � rii,r the r1 -ry •r. 1 ie<r �,izr ,ihnvr ivnircn <br />t <br />Car 'ti f: A[i ._. <br />1 <br />Lr) se <br />='Y3 <br />N <br />L+ <br />W. <br />