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<br />89. 101261
<br />10. ItEMEDIES NOT EXCLUV lE: Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any
<br />endebtednessorabligationssecuredherebyandtoexer ciseallright sandpowersunderthisTrustDeedorunderanyotheragreementexecuted
<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 nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, snarl
<br />prejudice or in any manner affect Trustee's or Seneficiary'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 Bedef leis) ry, and each of them, shall be entrtted 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 of 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. but each shall be cumulative and shalt be in addition to every other remedy given hereunder or now or hereafter existing at law or in
<br />equity or by statute. Every power or remedy provided under this Tr•,igt Deed to Trustee or Beneficiary or to which either of them may be otherwise
<br />entitled, maybe exercised, concurrently or independently .fralrn t.me to h me and as eften as may be deemed expedient by Trustee or Beneficiary
<br />and either of them may pursue inconsistent remedies- Nfil) *79 herein shall be corrs'rued as prohibiting Beneficiary from seeking adeficiency
<br />judgment against the Trustor to the extent such action is peri i=lt,ad,b.y.law.
<br />11. TRAiYSFER OF THE PROPERTY ;'ASSUMPTION. if ati`r:a•,aity. part of the Property cr inlerest therein is sold, transferred or otherwise
<br />conveyed try-Trustor without Beneficiary's prior writte;l.conseni."cacsudrng (a) the creation c" a Tien or encumbrance subordinate to this Trust
<br />Deed; (41 a transfer by operation of taw upon the deatIT 51--a. Trustor who is a joint tenant or (c) the grantof any leas"- old interest of three (3) years or
<br />tes-§ o1hich does not contain an option to purchase.. such action is a breach of this agreement. and Bereffciary may. at Beneficiary's option.
<br />deal are r.Ji the sums secured by this Trust Deed to be immedia;tety dui? and payable, provided, further, this Tr aN 1r ped may; at Senehciary s option,
<br />be decia-all immediately due and payable, if (1) Truster is a partnei ifrip and any interest in the partnershir _is. sold or Assigned by any means
<br />whatsoever -. ar (2) if the Truster is a corporation and a transfer of 64smajority stock ownership interest in the c:irporation occurs, or the Truster
<br />corporation merges in any form with another corporator c; entity, drieficiary shall have waived such oa -n' to accelerate if, prior to the sale.
<br />transferor conveyance. Beneficiary and the person iomliarn the Property is to besold or transferred reac;i 3ig-eement in writing that the credit of
<br />such person is satisfactoryto Beneficiary andthat the. i 1'11�J,sf payable on the sumssecured by this Trusi.Cw- , shall beatsuchrateasBeneficiary
<br />12 ACCELERATION UPON DEFAULT; REMEVJkS,'4*LEJhlVa0ure by the Trustor. to mak a any payment or to perform any of the terms and
<br />renditions otthis Trust Deed, or the terms and'ccndiim' tis• :f ttie! r sf , or any renewals. modifications or exte nsions thereof, or the failure to make
<br />qaymentof any other indebtedness. prior orsubse witiljir:lirs:r7'St Deed. and secured by this property, or 1116derithof one or more Truster. shall
<br />tea Weach and default of this Trust Deed. and the F*Taficiary m.? 7ireclare a default and may declare all s jm-i s- ccured hereby immediately due
<br />and payable 'adthe same shall lhereupoiTtionomc 80? =rd pays �a3 cethout presentment, demand, protest orrc;:ce of any li!nd, provided. Truster
<br />s,�aa - hay ri, any statutory right to cure tht,�4e.auh be'�.f;.,.any notice f default and demand for sale maybe 3pir•.F2red'o the Trustee. Thereafter.
<br />may deliverto Trustee a written declarali6i of default and demand for sale. Truster agrees and t i r?by grants that the Truaflie?.5hau
<br />$3: >r;nS?e r.,iver of sate of flip, Froperty and if Benefrcidi', d+icides the Property is to be sold it shall deposit with Tr us tee this Trust Deed andflie. tiatq
<br />arrr.tes andanyotherdocumentsevidencingexpenditut essecuredhereby. and -ihalldeliver to Trustee awri li3n notice of default and e :e,Ilanf4
<br />r:z. B the property to be soid, and Trustee, in turn. shall prepare a similar notice in the form requfrpd by, law, which shall be duly filed for;ecord by
<br />is 4ili; rthelapseofsuchtimeasmayberequiredbylawfollowi ngtherecordationo! NoticeofDefaull .andNoticeofDefaultandNotice
<br />rit 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 />.pablic auction according to law
<br />(b) Wile :n Trustee sells pursuant to the powers herein. Trustee shalt apply the proceeds of the safe to payment of the costs and expenses
<br />ol,fixercising the power of sale and of the sale, including, without limitation. attorney s fees and the payment (51? Trustee's Fees
<br />incurred. which Twatoe's Fees shall not in the aggregate exceed the following amounts based upon the amounf4ri,,cured hereby and
<br />remaining unpaid at the time scheduledfcr „31e. 5 percentum on the balance thereof, and then id the) itntns in sutlpUagraph!r,) in the
<br />order there stated.
<br />(cl After paying the items specititid in subpar3.lraph (b), it the sale is by Trustee, or it the sale is pursuant to ludreial foreclosure, the
<br />proceeds of sate shall be applied in the fnll,;ro .rig order
<br />(1) Cost of any evidence of title procured m-C::nneclion with such sale and of any revenue transfer fee required to be paid:
<br />12) All obligations secured by this Trust Deed.
<br />131 Junior trust deeds, mortgages, or other Irenholders.
<br />(41 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 ttoxnow!ebged by
<br />Beneficiary, mailed to Trustor and recorded in the counly or counties in which the Property is located and by otherwepo complying alth the
<br />provisions ofthe applicable laws ofthe State of Nebra ika substitute a successor or successcrstotheTrustee named heroinor acting hereunder.
<br />14. INSPECTIONS. Beneficiary, or osayants, repaer_ w.,latives or employees. are a,ltnorizedioover at any reasonable time upon or in any part
<br />of the Property for the purpose of Inspecting the sa:~e and for the purpose of perfcrw!' n9 any of the acts il rs authorized to perform under the terms
<br />of the Trust Deed.
<br />15 OPTION TOFORECLGSURE. Upon the uccurrer,te of any breach and upon the declaration of default rereunder. Ber,effc,ary shall have the
<br />option to foiacloae this Trust Deed in the manner pit, o+Ced by! a vi!cr the foreclosure of mortgages on real property
<br />16 FOREBEARANCEBYBENEFICIkAYORTRUS rEE NOT AWAIVER. Any forebearanceby Beneficiary orTi steerneAercisinganyrigntur
<br />remedy hereunder. or otherwise afforded byapplicab -iii.. a. shall not be a waiver of of preclude the exercise (3t any such right orremedy Likewise
<br />the waiver by Beneficiary or Trustee of any defaull of Trustor under this trust Deed shall not be deemed to be a waiver of any other or ; =nvlar
<br />defaults subsequently occurring
<br />17 BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustcr or any other person liable for the payment of any
<br />obligation herein mentioned, and without affecting the Iren or charge of this Trust Deed upon any portion of the Property. Benehc,a,y may f nr•,
<br />time to time and without notice at the request of one ormjreTrustors .li)retease any person liable to;exfendvrrene « fhemat.,rtyc,att ,,__� .�
<br />the terms of any such obligations. if i) grant other indulgences. (rvl release or reconvey. or cause to tie released or reconveved al an f r.
<br />Beneficiary s option any parcelor all ofthe Property. (v) fake or release any other or additional security for any obligation rerun men Ul r. •i
<br />make selftementso; Either arrangerTrenfS rirrilr T,utifur rn reiatiorr thereto itri irustors snag ve lomtry and severany obngatea and nn „ ^r1' 1
<br />actions of the Beneficiary or any one o= more Trustor as stated i,i this paragraph
<br />18 ATTORNEY FEES. COSTS AND EXPENSES. The Benefic•ary (it tms Trust Deed is entilled to the paymvvt of attor, „� �',•r• :.i..
<br />axpenses as provided in this Trust Deed, except all otherwise proh,tirted by r:,vj
<br />ty RECONVEYANCE 19Y TRUSTEE. upon re,ften reaLeoof $[;r,;f,._•<r+ ,,n „ - ..
<br />1 �! ;.pu ;,,ey -rent n; Tr;,:;rr, of Tr;,.;tuN • •,,,,- t
<br />fd•ccf,veytoIrustor orifeperSen!, rpdr3Gngf egallyenhtledth erotpMI NIL,tfla,f„tja fly i,drGnrr Offhrsi'r(.perf; trek'•,!)): w • :, tr, ,y r. ,
<br />curt, reconveyance• fit any tnalut fs or facts shall be corrciu .rte prr,ni I.` i+,,,'I "Ihh,rn, ,,, hto,11uf T. t, tp au, t• •n .rr; r. , , f.,,,.. •,,r, •-
<br />dr,tiLr,5ed a5 the per30r, r, nots[,nc. logaliy Bfdrlitttl filsrrpGt
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