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TO- REMEDIES NOT EXCLUSIM Trustee and Beneficiary. and each of them, shalt be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured hereby andt oexercise all rights and powers underthis 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 this such indebtedness and obligations secured
<br />hereby may now or hereafter be otherwise secured, whether by mortgage, trust deed. Fledge, lien, assignment or otherwise. Neither the
<br />acceptance ofthis Trust [teed nor its enforcement whether by court action or pursuaint to ft power of sale or other powers herein contained, snarl
<br />prejudice of in any manner affect Trustee's or Bereticiary''s right to realize upon or enforce any other security now or hereafter held by Trustee or
<br />Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled to enforce this Trust Deed and any other security now
<br />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 intendedto be exclusive of any other remedy herein or by law provided or
<br />permitted, buteach shall be cumulative and shalt be in addition to every other remedy given hereunder or now of hereafter existing at law or in
<br />equity or by statute. Every poweror remedy provided under this Trust Deed to Trustee or Beneficiary or to which eaherof them may beotherwise
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<br />entitled. maybe exercised. concurrently or independently, from time to time and as often as maybe deem ad expedient by Trustee or Ben efictary
<br />and eA er of them may pursue inconsistent remedies Nothing herein shali be construed as prohibiting Beneficiary from seeking a deliclency
<br />ludgme -M against the Trustor to Oe extent such action is permitted by law.
<br />11. TRANSFER OF THE PROPERTY; ASSUMPTION_ It all or any part of the Property, or interest therein is sold; transferred or otherwise
<br />conveyed by Trustor without Beneficiary's prior written consent, excluding (a) the cvb;alion of a lien or ericumbrakk subordinate to this Trust
<br />Dead (b) atransferby operation at law upon the deathofa Trustor who isa joint leflanloviol 'the grant ol any teaselroldi#11n estofOise13)yearsor
<br />less Wwvh'does not contain an option to purchase, such action is a btelibroi this agreement, ttnd f3 +ineficlfJtji nitt� .;3t Beiif3♦trtary's option,
<br />declare allthes;.=s.c .. uredbythisTrust Deed tobe immediately due atid 'ayable, provided. furthetA 'i trii l:f7. 'so hon,
<br />be declared irr^n 9is'+:iy due and payable, if (1) Trustor is a partnership and. any interest in the by any means
<br />whatsaetvar; or (21 if-Me Trustor is a corporation and a transfer of the majority stock o►Y!.T4whlp interest in the cocv ; r.il `.on occurs, or the Trustor
<br />corporawin merges in any form with another corporation ac entity. Beneficiary shall hayo vi&1ed such option to am.:ierate if, prior to the sale,
<br />transl;ir& conveyance. Beneficiary and the person tow;.: initi'e Property istobe sold oris;cJ oerredreachagreementinwritingthatthecreditof
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<br />such 0arson is satisfactory to Beneficiary and thatthe intereo payable on the sumssecured bV this Trust Peedshvill heat such rate a-- Reiroeficiary
<br />shall request.
<br />12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by the Trustor, to make any payment or to perform any of theterms and
<br />conditions of this Trust Deed, or the terms and conditions of the Note, or any renewals, modifications or extensions tt,e-,aof, or the failure t3 make
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<br />payment of any other indebtedness, pribror subsequent to this Trust Deed, and secured bythis property. or the death clzne or moreTrustors shall
<br />be a breach and default of this Trust Deed and the BeneficfarT -r--%y declare a default and may declare all sums secured hereby immediately due
<br />and payableandths)ez a shall thereupon beco- nom,IueandQz ,mffswitbr: xesentment. demand, protestor notice of any kind. provided, Trustor
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<br />shall have any sta u':;rrg right to cure the defauftL tore any rtci;r,, and demand for sale maybe delivere' S the Trustee. Thereafter,
<br />8ene1`ctary may de.: rer to Trustee a written dec�.:'siian of C isC act attd demand for sale. T%istor agrees and he7eb;r• g:ca Ms that the Trustee shall
<br />hav V t$pp1wer of sale of the Property and if Beneficiary dec•d'asTfle Property is to be sold its?iall deposit with Trus!riiv ,.,s Trust Deed and the Note
<br />ar rc V,s and any other documents evidencing emoc- rditres secured hereby, and shall deliver to Trustaa a%,-m3r r, . + +.s of default and election to
<br />cause property to be sold, and Trustee, in turf". rs .all preparea similar notice inlheform required b, ;E et,:. itAichsNalibe duly filed for record by
<br />Trustee.
<br />(a) Afterthe lapse of such time as maybe required bylaw following the recordation of Notice of Default, 4:*- of Default and Notice
<br />of Sale having been gi'vanats r3gwred by law, Trustee. without demand on Trustor, shall seli the Properrj ,t;r* of redeemed. in one or
<br />more parcels and in sucrs order as T%)I%ee may determine on the date and the time and place designated :r said Notice of Sale, at
<br />public ai: Vt:+ r•according to taw.
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<br />(b) WhenTrusi gesellspursuanttothepowersherei n, TrusteeshallapplytheProceedsofthesaletopaymentofthecostsandexpenses
<br />of exercising the power of sale and of the sale, including, without limitation, attorney's fees and the pa;,J". rol of Trustee's Fees
<br />incurred, which Trustee's Fees shall not in the aggr +Date exceed the following amounts based upon the arrr;4.mt secured hereby and
<br />remaining unpaid at the lime scheduled for sale. °_ pe ?,.entum on the balancethereof; and then to S'le items r *•subparagraph (c) in the
<br />order there stated.
<br />(o) After paying the items specified in subparagraph (b). it the sale is by Trustee, or if the sale is pursuann t^,, yidicial foreclosure. the
<br />proceeds of sate shall be applied in the following order
<br />;1) Cost of any evid&i-v: (:.` title procured in conne-!:cn with such sale and of a•• -avenue transfer fee r; +ml.rad to be paid,
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<br />(2) All obligations secured by this Trust Deed:
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<br />(3) Junior• fr'asl deeds. mortgages, or other lienholders,
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<br />(4) The remainder, it any, to the person legally o ^` ;i� d thereto
<br />13 APPOINTMENT OF SUCCESSOR TRUSTEE. Ben riiciar,r may. from time to time. by a written instrument ex.! .uti;d and acknowledged by
<br />Benett vary, mailed to Trustor and recorded in the coun!J 4r, counties in which the Property is located and by itherwise complying with the
<br />provisions of the applicable laws of the State of et:raska subsliluto a successor or successors to the Tiustea named herein or acting hereunder
<br />14. INSPECTIONS. Beneficiary, or its agents. representatives or employees. are authorizedto onter at aAy reasonable time upon or In any part
<br />Of the Prapertyfor the purpose of inspec6ngthe same andfor Mepurpose of performing any of the acts d is author,add is perform underthetorms
<br />of the rrumi Deed.
<br />15.OPTION TOrOIRECLOSURE. Upon the occurrence of any breach and aponthe declaration of defau rt hereunder. Benehc oaf yshall havot the
<br />option to foreclose this Trust Deed in the manner provided by law for the foteclusure of mortgages Oro real property.
<br />16 FOREBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forebeafarice by Beriefic lary at Trustee in exercising any right of
<br />remedy hereunder, or otherwiseafordedbyapplicablelaw, shatlnolbeawai veroforprectudelheexerafseofanySuchr ightorremedy Likewise.
<br />the waiver by Beneficiaty or Trustee of any default of Trustor under this Trust Deed shall not be deerrcd to bo 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
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<br />obligation herein mentioned, and without affecting the hen or cinarge of this Trust Deed upon any portion of the Property. Beneficiary may, from
<br />time lottme and withoutnoticeat thetequestof one or more Trusters. h1 release any Person liable, In) extender renew the maturity or alter any of
<br />the terms of any such abligatitlns. fill) grant other indulgences. (iv) release or feconvey. or cause to be released of reconveyed at any time at
<br />Beneficiary s option any parcel or all of the Property. Ivl take or release any nther of adrt,ti0a?l cnenrrtyfnr any ebllVLW! hcfe.n Ment:cfred i =:
<br />make settlements of other arrangements with Trustor in relation thereto All Trusters shall be lointiy and severally obligated and bound by thy'
<br />actions of the Beneficiary at any one or more Trustor as slated in this poragiaph
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<br />a ATTORNEY FEES. COSTS AND EXPENSES. The Beneficiary of this Trust Deed is entitled to the payment of atlofney s fees cost, ara
<br />elpenses as provided m this Trust Deed. except as otherwise ptohrb +fed by law
<br />19 RECONVEVANCE BY TRUSTEE. upon written request al Benefit lafy anrt ;,put: payment bi T•us!ur of T•u5!ac !f•es
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