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(d) Beneficiary may elect to cause the Trust Property or an), part thereof to be sold under the power of sale, and ut 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 nonce 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: (f) 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 price, 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 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 specnccally 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 coui;sel of its own choosing and the adwse of such counsel shall be full and complete authorization and
<br />protection in the respect of any action taken or suffered by rt nereunder 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 of 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 Dart of the
<br />Trust Property, together with all other property of Trustor, either similar or dissimilar to the same, now or hereafter localed at or on the
<br />Trust Property.
<br />29. Future Advances. Upon request of Trustor, Beneficiary at Beneficiary's option poor 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 5 i45.rO0O.�Q�_ , Advances of disbursements made b Beneficia
<br />under the terms hereof, while discretionary, shall not be deemed to be optional advances, y y To protect the security,
<br />30. Reconveyance. Upon payment of all Indebtedness secured by this Deed of Trust. Beneficiary shall request Trustee to reconvey rile
<br />Trust Property and shall surrender this Deed of Trust and alt notes evidencing indebtedness secured by this Deed of Trust To Trusted
<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, of any
<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 an instrument recorded in the county in which this Deed of Trust is recorded. W1thOul conveyance of fhe Trust
<br />Property, the Successor Trustee shall succeed to all title. power and duties conferred upon 7rustee herein and by applicable taw.
<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 safe. 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 Trust(,., at its mailing address se((forth here,nabove
<br />IN WITNESS WHEREOF, this Deed of Trust has been duly execptec�ttye da
<br />\ hand ear hrsr a lwe w,;rreo
<br />Gro . Morton, PresidE+tlt
<br />STATE OF NEBRASKA
<br />iSS
<br />COUNTY OF _ BALI,__
<br />On this _7th day o/ December 1985 .beforeme.anorar
<br />- — Y public i ano t; r count
<br />and v nersonel,y ame
<br />Of ___yam_ Tpgl Company, , — Nnown to me to be the identical persons woo
<br />signed the foregoing Deed of Trust and acknowledged the executroh fherppl ro be ;lieu voiun4ary act, anti deed and the vo+un;ary act and
<br />deed of said corporation.
<br />WITNESS my hand and notarial seal on this the day and year last atDOV(, women
<br />fSE
<br />IfMEl41l NOtR11Y • Sron of Nehasb
<br />DEBRA H. DAVIS
<br />✓iii.= MY Com Exp. May 13. i568�
<br />STATE OF NEBRASKA
<br />/5S.
<br />COUNTYOF _- _- -- -_ -- -.
<br />Map 13, 19 8t
<br />On this __ __ day of lit bvfnre me, a notar uibbc ,n and for salti count ieiseneu came
<br />y` and . ..__._ __.. - . - Y !' v- 1- Y
<br />a' signed the lorogomy Devil of Trust and acknowfedge(i the execution thereof io he rh(iir voNinlaiy4 »own ;n me to be the id
<br />i
<br />W ESS my barid and nottirt/1 seal ryi this the day and year last above wnnn e
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<br />. - - (n(rca l�erSGny. ndro
<br />act And tined
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