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<br />1R. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligationssecured hereby andtoexercise all rights and powers under this Trust Deed or under any other agreement executed
<br />in connection herewith or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured
<br />hereby may now or hereafter be otherwise secured, whether by mortgage, trust deed, pledge, lien, assignment or otherwise. Neither the
<br />acceptance of this Trust Deed not its enforcement whether by court action or pursuant to the power of sale or other powers herein contained. shall
<br />prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held byTrustee or
<br />Beneficiary, It being agreed that Trustee and Beneficiary, and each of them. shall be entitled to enforce this Trust Deed and anv other security now
<br />I or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or
<br />permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter exis.)ing -et law or m
<br />+ equityo► by, slatute. Every'poweror remedy provided under this Trust Deedto Trustee or Beneficiary or to which either of thorn trlr4y bo,,otherwise
<br />i entitled, may beexeiclsed, concurrently orindeppTlidtintly, from time to time andas often as may bedeemedexpedier.. my.,•'frri� ; ?(�ra�x(ygneticiary
<br />} and either of them may; RUf�ue inconsistent remadlf sr Nothing herein shall be construed as prohibiting Beneficiary froarser kirr( •deficiency
<br />judgment against the Trustor to the extent such a4l)r�o is permitted by law.
<br />11. TRANSFER OF T[41_ PROPERTY; ASSUMPTION. it all or any part of the Property or interest therein is sold, 1;a.nsferred or otherwise
<br />conveyed by Trustor withtiwt f3enetidimy,'s prior written consent, excluding (a) the creation o4 a lien or encumbrance suttordinale to this Trust
<br />Deed, (b) a transfer by op2►ation of lava Moon the death of a Trusto r vi hgas,a feint tenant or (c) thr5,. W'an) of any leasehold interest of three.(3) years or
<br />less which does not contain an option to purchase, such action'is a br4jx(,I•r rt•this agreemmzn% that Bungficiary may, at Beneficiary,'s option,
<br />d. eclare all the sums secured by this Trust Deed tobe .immediately due and psjy OiQ, nrouidei:.. fuidsv, �r. tRir�TC,, at Deed may. atBenefioxttr.�`soption,
<br />be declared immediately due and payahki, if (1) Triiwpr is a partnership and wy., ,^nGt�il' +r p ?l f.�Vir rv31 yp is sold or assigned lyy,�cr�v means
<br />whatsoever, or (2) if the Trustor is a c&pam fon and a transfer of the majority ato -:'h o uoet1hi}r Interest in-the oarptlri;:t%acr, oct urn cZv ( +s {b Trustor
<br />l corporation merges in any form with another corporation or entity. Beneficiary slri#1 such option sate,
<br />transfer or conveyance, Beneficiary and the persizl?Ac whom the Property is to be sold:oi` tiro i*fiarr ed reachagreement in writing tltflLll r3:rredit of
<br />such parsonis satisfactory to Bonet iciary and th#j-peiniarast payable on thG s�nis Secured y uhis Tmvt.1;, =2d shalt beat such rate ara, got iaficiary
<br />shall request. ,+
<br />12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by the Trustor; {p liiak -e'af y- payment or to perform any of the terms and
<br />conditions of this Trust Deed, or the terms and conditions of the Note, or any rarlewais, modlfrci aiis or extensions thereof, or the ftWu' re to make
<br />payment of any other indebtedness, prior or subsequent to thisTrust Deed, and secured by tht5 property. or the death of one or more Ttuli,tors shall
<br />be a breach and default of this Trust Deed,and thO Beneficiary may declare a default and may declare all•sums secured herebyalminiif lalely due
<br />and payable and the same shall thereupon become.due and payable without presentment, demand, protestor notice of any kind, prelt fr,)�tf, Trustor
<br />shall have any statutory right to cure the default before any notice of default and demand for sale may be delivered to the Trustee- Tttlereafter,
<br />Beneficiary may deliver to Trustee.a written declaration of default and demand for sale. Trustor agrees and hereby grants that the Trust tee shall
<br />have the power of sale of the Property and if Beneficiary decides the Property is to be sold itshall deposit with Trustee this Trust Deed and the Note
<br />or notes and any other documents evidencing expenditures secured hereby. and shalt deliver to Trustee a written notice of default ak election to
<br />cause the property to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be duly filed forrecord by
<br />- = 1 rustee. _
<br />(a) After the lapse of such time as maybe required bylaw following the recordation of Notice of Default, and Notice of Default and Notice
<br />of Sale having been given as required by law, Trustee, without demand on Trustor, shall sell the Property, if not redeemed, in one or
<br />more parcels and in such order as Trustee may determine on the date and the time and place designated in said Notice of Sale. at
<br />public auction according to law.
<br />(b) When Trustee sells pursuant tothepowers herein, Trustee shall apptpt *e proceeds of the sale to payment of the costs and expenses
<br />of exercising the power of sale ard• of the sale, including, without ti=itation, attorney's fees and' the payment of Trustee's Fees
<br />ir,Gurred, which Trustee's Feessnail riot in the aggregateexceed thefe2lowing amounts based upon the amount secured hereby and
<br />remaining unpaid at the time scheduie&Osale: 5 percentum on tfte, rarance thereof; and then tottze items in subparagraph (c):nnthe
<br />order there sr,ated.
<br />(c) After paying the items specified to sulc paragraph (b), if the sale is by Trustee, or if the sale is pttrsrtant to jrfdic -al foreclosure, the
<br />proceeds of sale shall be appliedi iii fhe following order:
<br />(1) Cast of any evidence of title procurgd: iccconnection with such sale and of any revenue transfer free required to be paid..
<br />(2) All obligations secured by this Trust Deed;
<br />(3) Junior trust deeds, mortgages, or otherfienholders„
<br />(4) The remainder, if any, to the person legally entitled thereto.
<br />13. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and acknowledged by
<br />Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise complying with the
<br />provisions of the applicable laws of the Stateof Nebraska substitute a successoror successors to the Trustee named herein or acting hereunder.
<br />14. INSPECTIONS: Beneficiary, or its agents, representatives <sr employees, are authorized to enter at arty reasonable time upon or in any part
<br />of the Property for the purpose of inspecting the same and for tits purpose of performing any of the acts it is authorized to perform underthe terms
<br />of the Trust Deed. , .. .
<br />15. OPTION TO FORECLOSURE. Upon the occurrence of any breach and upon the declaration of defauitl4ereunder, Beneficiary stzall have the
<br />option to foreclose this Trust Deed in the manner provided by law for the foreclosure of mortgages on reas property.
<br />16. FOREBEARANCE BY BENEFICIARY OR TRUSTEE NOT WAIVER. Any forebearance by Beneficiary or Trustee in exercising any right or
<br />remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Likewise.
<br />the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed shall not be deemed to be a waiver of any other or similar
<br />defaults subsequently occurring.
<br />17. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustor or any other person liable for the payment of any
<br />obligation herein mentioned, and without affecting the lien or charge of this Trust Deed upon any portion of the Property. Beneficiary may, from
<br />time totime and without notice at the request of one or more Trustors, (f) release any person liable, (iii extend or renew the maturity or alter any of
<br />the terms of any such obligations, Iiii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at
<br />Beneficiary's option any parcel or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned. Nil
<br />make settlements or other arrangements with Trustor in relation thereto. All Trustors shall be jointly and severally obligated and bound by the _
<br />actions of the Beneficiary or any one or more Trustor as stated rn this paragraph.
<br />L 18. ATTORNEY FEES, COSTS AND EXPENSES. The Beneficiary of this Trust Deed is entitled to the payment of attorneys fees. costs and
<br />expenses as provided in this Trust Deed. except as otherwise prohibited by taw.
<br />1i). RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon payment by Trustor of Trustees fees. Trustee shall
<br />reconvey to Trustor. or the person or persors legally entitled thereto. without warranty, any pCiftfort ct the Property then ht�ldhereunder Recitals in
<br />such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof The grantee in any reconveyance may be
<br />described as ' the person or persons legally entitled thereto
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