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13. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time tot lie, by a written instrument executed and acknowledged by Beneficiary, mailed to Trus2:r and recorded in the county or counties in which 1: °,a, Properly is located and by otherwise complying with the provisionsof the a. piicablelawsoftheStateofNebraskasubstituteasuccessorofs;. ccessorstotheTrusteenamedhereino ;•a ; linghereunder 14. INSPECTIONS. Beneficiary, or its 23v.13. representatives or emp !t,i t, es. are authorized to r;.-14-T al any reasonable fit-(: up9n or in any part of the Propertyfor the purpose of inspeetir.;tlr a same and forthe purpose :rr,�. anyof the acts it is authorized to perform undarth.e terms of the Trust Deed. 15 .OPTIONTOFORECL4.4.,IJAE. Upon [V ct.:currerr-a? 'any breach v,6 u,:. ^�.,tY ed eclaratiorof default hereunder. Beneficaryshaliha:e,he option to foreclose this Trust Deed in the r'1'!n;ner provided by law for flit? iri acics.rz of mortga”' Ss on real property. 16. FOREBEAPA%CE BY BENEFICIARY OR TRUSTEE NOTA WAIVER. AnyforeL',*•arance by Beneficiary orTrustee in exercising any right or remedy hereunder, or otherw-seafforded by applicable taw, shalI not be a waiver of c, .+,*crude the exercise of any such right or remedy Likewise. the waiver by Beneficiary or 7r,istee of any default of Trustor under this Trust Deco' :,hall not be deemed to be a waiver of any other Of similar defaults subsequently occurring. IT BENEFICIARY'S POWERS. W -thoui affecting or releasing the liability of the Trustor or any other person liable for tre payment of any obligation herein mentioned, and without affecting the lien or charge of this Trust Deed upon any portion of the Prcperty. Beneficiary tray. from hrne to time and without notice at the request of one or more Trustors. (i) release any person liable, (i4 extend Gr renew the maturity or after any of the terms of any such obligations. (itit grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any tome al Beneficiary s option any parcel or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned. (VI) fnake Snittemnnts ni bthnr arrangmmantn Wd11 Trttetnf to rnlatinn tharat(% All Two sffom Shall hn ir)tntly ?nit Saver ;lly nhl,rjatert araf t%otinri by it--- actions of the Beneficiary or any one or more Trustor as stated in this paragraph L is ATTORNEY FEES. COSTS AND EXPENSES. The Beneficiary of this Trw;f heed is ent,tied to the payment of attorney s tees t u_.t•,, anti expenses as provided in this Trust Deed, except as otherwise prohibited by favi f G RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon payment by Trustor r t Tn„fee s `t-es 7 *tr5tce's' .i:! QGOnveyf:) Trustor. or the por, onorpoisonslogally enflled1horeto wdhoutwananly., inyporf, imof the Properrrthen hold M eratiodoi Rar.tal� it such reconvoyance of any matters et f,rrfs shall bo cooclutove proof of 1he truthfulness thereof The grantee ri any rEr.errevatire rri:iv de5tr,bed Ss the person or persons legally entitled thore>t4 r. n f __ - RE-RECORDED 89` j.01803 8�-- 101754 10. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shalt be entitled to enforce payment and petftsrmance of any indebtedness or obligations secured hereby and to exercise all rights and powers underthisTrust Deedor under any other agreement executed i to connection herewith or any laws now or hereafter in tome. notwithstanding some or all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise secured. whether by mortgage, trust deed, pledge, lien, assignment or otherwise. Neither the pcceplanee of this trust Deed nor its enforcement whether by court action or pursuant to the power of sate or other powers herein contained, shat) prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, itbeing agreedthat Trustee andgeneficiary. and each of them. shall be entitled to enforce this Trust Deed and any other securitynow 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 remedy herein conferred upon or reserved tzTrustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, buteach shall be camulative acd;t hs l,be in addition to every other remedy given here -:nder or now or hereafter existing at law or in i . equity orby statute. Every pov er=rem eq.*pTasiced unde^th ,�s Trust Deed to Trustee or Beneficiary or to which either of them maybe otherwise' entitled, maybe exercised; cc.^ruirently 0- gbdapendent1y, tmonn time totime and as often as may bedeemed expedient by Trustee or Beneficiary and either of them may pursue''nonsistenz`�,em'sdies. Nothing herein shall be cohslr;r�tas prohibiting Beneficiary from seeking a deft cleric y .�' judgment against. the Truster to the extent such action is permitted t)y' law . 11. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any.psa ;; :'of tti? Frap� � =- . *a;r8st therein is sold. transterr� or otherwise conveyed by Truster without Saneficiary's prior written consent, c` a :.,_n or encumbrance subord:note 1c ih'..3 Trust Deed, (b) a transfer by operation of law upon the death otaitiustor who is a joint V',9grantof any leasehold interest oftfirde (3tylearsor less which does not conta:_— a *;bption to purchase, sualh-action is a breach of thisaj eierpent: and Beneficiary may, at Beneficiary's apfioirli. declare all the sumssavura; fbyt¢ tisTrustDeedtobeimmediatelyduepndpayable ,prrividad :furl e-; this Trust Deed may, atBeneticiary'saptia,. • ., ., `':. he declared immediately di-�2 and payable, ,if x1) Truster is a partnershipand any interest in t p ltnership is sold or assigned by any meaF�s;;'; whatsoever. or (2) if the TrusmL is a corporation and a transfer of the majority stock ownership U!Izevst in the corporation occurs. or the Trust. ; :' : 2; corporation merges in any form with another corporation or entity. Beneficiary shall have waived such option to accelerate if, prior to the sacs,. transferor conveyance, Beneficiaryandthe person towhom the Property is to be solo ortransferredreach agreement in writing that thecr?t,�iof i such person is satisfactory to Beneficiary and that the interest payable on the sums secured by this Trust Deed shall be at such rate as Bene..t� ary shall request. 12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by the Truster, to make any payment or to perform ay of the terms and i conditions of this Trust Deed, or the terms and conditions of the Note, or any renewals, modifications or extensions thereof, or the failure tomxke payment of any other indebtedness, prior or subsequent to this Trust Deed. and secured by this property, or the death of one or more Trustorssbatt be a breach and default of this Trust Deed and the Beneficiary may declare a default and may declare all sums secured hereby immediately due and payable and the same shall thereupon bi o3me due and payable without presentment, demar -,,3 „.retest or notice of any kind,provided, Trustor shall have any slatstory right to cure the defa•uit before any notice of default and demand for sc:55rray be delivered to the Trustee. Thereafter, ; Beneficiary may sine ver to Trustee a written declaration of default and darnand for sale. Truster agrees and hereby grants that the Trustee shall ' have the power of sale of the Properly and it Beneficiary decides the Propaay is to be sold it shall deposit with Trustee this Trust Deed and the Note or notes and any other documents evidencing expenditures secured he-aby, and shall deliver to Trustee a written notice of default and election to cause the property to be sold, and Trustee, in turn, shall prepare a simc ar notice in the form required by law, which shalt be duly flied for record by Trustee. (a) After the lapse of such time as may be required by law following the recordation of Notice of Default. and Notice of Default and Nc6ce •r of Sale having been g ven as required by faw Trustee, without demand on Trustor, shall sell the Property, if not redeemed, in one c' more parcels and it vW, h order as Trustee may determine on the date and the time and place desty-,V tgd in said Notice of Sale. a: public auction acccrd;ng to law (b) When Trustee sells pursuant to ra D 3wers herein. Trustee shall apply the proceeds of the sale to payment ofthe costs and expenses = of exercising the power of sale and of the sale, including, without limitation, attorney's fees and the payment of Trustee's Fees incurred, wr:ch'r�;!"r:?'s Fees shall not in the aggregate exceed the following amounts based upon the amount secured hereby and remaining unpaid av7r,o-ume scheduled for sale- 5 porcentum on the balance thereof; and then to the items in subparagraph (c) in 1Ee order Cher? stated. (c) After paying the items specified in subparagraph (b). if the sale is by Trustee, or if the sale is pursuant to judicial foreclosure, the proceeds of sate sfhzti be applied in the following order. (1) Cost of any evlr_- i :e of Idle procured in connection with such sale and of any revenue transfer fee required to be paid. (2) All ebtigations se,,t. ed by this Trust Deed, r'f (3) Junior trust deeds, mortgages. or other lienholders. (4) The -rersainder, if ary, to the person legally entitled thereto 13. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time tot lie, by a written instrument executed and acknowledged by Beneficiary, mailed to Trus2:r and recorded in the county or counties in which 1: °,a, Properly is located and by otherwise complying with the provisionsof the a. piicablelawsoftheStateofNebraskasubstituteasuccessorofs;. ccessorstotheTrusteenamedhereino ;•a ; linghereunder 14. INSPECTIONS. Beneficiary, or its 23v.13. representatives or emp !t,i t, es. are authorized to r;.-14-T al any reasonable fit-(: up9n or in any part of the Propertyfor the purpose of inspeetir.;tlr a same and forthe purpose :rr,�. anyof the acts it is authorized to perform undarth.e terms of the Trust Deed. 15 .OPTIONTOFORECL4.4.,IJAE. Upon [V ct.:currerr-a? 'any breach v,6 u,:. ^�.,tY ed eclaratiorof default hereunder. Beneficaryshaliha:e,he option to foreclose this Trust Deed in the r'1'!n;ner provided by law for flit? iri acics.rz of mortga”' Ss on real property. 16. FOREBEAPA%CE BY BENEFICIARY OR TRUSTEE NOTA WAIVER. AnyforeL',*•arance by Beneficiary orTrustee in exercising any right or remedy hereunder, or otherw-seafforded by applicable taw, shalI not be a waiver of c, .+,*crude the exercise of any such right or remedy Likewise. the waiver by Beneficiary or 7r,istee of any default of Trustor under this Trust Deco' :,hall not be deemed to be a waiver of any other Of similar defaults subsequently occurring. IT BENEFICIARY'S POWERS. W -thoui affecting or releasing the liability of the Trustor or any other person liable for tre payment of any obligation herein mentioned, and without affecting the lien or charge of this Trust Deed upon any portion of the Prcperty. Beneficiary tray. from hrne to time and without notice at the request of one or more Trustors. (i) release any person liable, (i4 extend Gr renew the maturity or after any of the terms of any such obligations. (itit grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any tome al Beneficiary s option any parcel or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned. (VI) fnake Snittemnnts ni bthnr arrangmmantn Wd11 Trttetnf to rnlatinn tharat(% All Two sffom Shall hn ir)tntly ?nit Saver ;lly nhl,rjatert araf t%otinri by it--- actions of the Beneficiary or any one or more Trustor as stated in this paragraph L is ATTORNEY FEES. COSTS AND EXPENSES. The Beneficiary of this Trw;f heed is ent,tied to the payment of attorney s tees t u_.t•,, anti expenses as provided in this Trust Deed, except as otherwise prohibited by favi f G RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon payment by Trustor r t Tn„fee s `t-es 7 *tr5tce's' .i:! QGOnveyf:) Trustor. or the por, onorpoisonslogally enflled1horeto wdhoutwananly., inyporf, imof the Properrrthen hold M eratiodoi Rar.tal� it such reconvoyance of any matters et f,rrfs shall bo cooclutove proof of 1he truthfulness thereof The grantee ri any rEr.errevatire rri:iv de5tr,bed Ss the person or persons legally entitled thore>t4 r. n f __