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10. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights arrd powers under this Trust Deedor under anyother agreement executed in connection herewith or any laws now or'rereafter in force. 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 acceptanceolthisTrus: Deednoritsenforcementwhetherbycourt actionorpursuanttoth apowe of sale or other powers herein contained.suall prejudice or in any manner affect Trusler:'s or Beneficiary's rightto realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that Truster; and Beneficiary, and each of them, shall be entitled to enforce this Trust Deed and any other security now or hereafter held by Beneficiary or T,ostee in such order and marrter as they or either of them may m their absolute Ciscretron determine. No remedy herein conferred upon or resrrrved 1oTrustee or Beneficiary is inter.dedlobe exclusiveof any other remedy neminor by lair provided or permsred. but each sl.all be cumula'A and shall be in addition rj every other remedy given hereunder cr now or hereafter existing at taw or in equ ay or by statute ".very power or, emedy.provided under tins Trust Deed to Trustee or Beneficiary or to which either of them may be otherwise entiried, may be exercised. concur envy or independently,;rorn time to time and as often as may be deemed expedient by Trustee or Benehaary I and either of them ms.y pursue inconsistent remedies Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment agains! the Truster to the extent such action iS permrtte law. 1 1 TRANS.-ER OF THE PRO'?ERTY: ASSUMPTION. if all or any nart of tha Properly or rnlerest therein is sold, uransterred or otherwise conveyed ey Trustor without Beneficiary's pricy writlen consent, e4cludmg (a) the creation of a lien or encumbrance suoord:nate to this Trust Deed. ib) a transfer byoperalmr .of law upon the d att iofaTrnrstorwhoisajointtenantor( c) thegrantofanyteasehotdinterestofthree 13;yearsof less which does not contain an option to purchase. such action is a breach of this agreement, and Beneficiary may, at Beneficiary's option, declare all the sums secured b; this Trust Deed lobe immediately due and payable, provided, further, this Trust Deed may. at Beneficiary's option. be declared immedt(;tely due a ;.d payable. if (1) Trusto is a partnership and any interest in the partnership is sold or assigned by any means whatsoe rer, or (2) i! the T rusror is a corporation and at r ansfer of the majority stove ownership interest in the corporation occurs. or the Truslor corporation merges in any fcim with another corporation or entity. Beneficiary shall have waived such option to accelerate if. prior to the sale. transfer or conveyance, Beneficiary and the person to whom,he Properly rs to be sold or transferred reach agreement in writing that the Credo of such person is sahs!dctory to Beneficiary and that the interest payable on :he sums secured by this Trust Deed shall be at such rate as Beneficiary snal! request 12 ACCELERATION UPON DEFAULT; REMEDIES; SALE. The farturebylhe Trustor, to make any pay mentorto perform any of the termsand conditions of this Trust Deed, or the terms and conditions of the Nole.;v any renewals. modificationsor extensions thereof, or the failure to make payment of any other indebtedness. prior or subsequent to this Trust Deed, and secured by th:s properly. or the death of one or more Truslors shall 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 U,e same shall thereupon become due and payable without' iesentment, demand• protest or notice of any kind, provided. Trustor shall have any statutory right to cure the default before any notice of default and demand for sale may be delivered to the Trustee Thereafter. Ben.;! c,ary may deliver to Trustee a written declaration of default and demand for sale. Trustow agrees and hereby grants that the Trustee shat) have the power of sale of the Properly and if Beneficiary decides the Property is to be sold it shall deposit with Trustee this Trust Deed and the Note or notes and arty other documents evidencing expenditures secured hereby. and shalt deliver toTrvstee a written notice of default and election tc cause the properly to be sold, and Truslee.,n turn, shall prepare a similar notice in the form required by law, which shall be duty f:led for record by Trustee ja) After the Iapse of such time as may be rea6ired bylaw follow,.:g the recordation of Notice of Default, and Notice of Default and Notice of Sale having been given as required by law. Trustee, without demand on Trustor, shall sell the Property, if not redeemed, in one or more parcels and to such order as Trustee may determine on the date and the time and place designated in said Notice of Sale. at public auction according to law. (b) When Truslee sells pursuant tottlepoAers herein. Trustee shall apply the proz eedsofthe sale to payment of the costs and expenses of exercising the power of Sale and of the sale, including, without Ism ;tat.on, attorney s tees and the payment of Trustee s Fees incur red. which Trustee's Fees shall not in the aggregate exceed the following amounts based upon the an ctur,t secured hereby and remaining unpaid at the time scheduled for sale 5 percentum on the balance thereof. and then tothe items in subparagraph (c; in the order there stated (c) After paying the items specit.ed in subparagraph (b), if the sale is b r Trustee, or if the sale is pursuant to judicial toreclusure. the proceeds of sale shall be applied to me following order (1 ) Cost of any evict rce of title procured m connection with such safe and o' any revenue:Irar.sfer fee required to be pa.d. (2) All obligations secured by this Trust Deed. ;3) Junior trust deeds, mortgages, or other penholders. (s) The remainder, it any, to the person legally enlit!ed ;here:, 13 APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary mzy, from lime to time, by a written instrument executed and acknov.!edged by Genohci :,ry, mailed to Trustor and recorded in the county or counties in which the Property is located and by otherwise cornplyi.n.g with the provisions of Inc applicable laws of the State of Nebraska subst.tute a successor or successors to the Trustee earned herein or acting hereunder 14 INSPECTIONS. Beneficiary. or its agents, represenlalives or employees, are authorized to enter at any reasonable time upon or 'n any part of the Pt( -pony lot the purpose of inspecting the same and for the purpose of performing any of the acts it -s authorized to perform under the terms of the Trusl Deed 15 OPTION TO FORECLOSURE. Upon the occurrence ofanybreach and upon the declaration olde lau! thereunder. Beneficiary shall have the ooaon to foreclose this Trust Deed in the manner provides by law for the foreclosure of mortgages on real property 16 FOREBEARANCE BY BENEFICiARY OR TRUSTEE NOT A WAIVER. Any torvocaranue by Bene!;ciary or Trustee in exercising any rigrit or remedy hereunder. - Who rw;_:e atfor::ed by applicable law, shall hot be a waiver of or preclude:he exercise of any such r,g.: or reme; y L;&ewise . the waiver by Jenehciary or Trustee of any default of Trustor under this Trust Deed shall not be deemed to be a waiver of any other or s,mAar defaults subsequently occurring. y . 7. BENEFICIARY'S POWERS. Without affecting or releasing the liai,driy of the Trustor or any other person liable for ,ne payment ot any obligation herein mentioned, and without affecting the lien or charge of this Trust Deed upon any portion of the Property. Benel,c,ary may. from time to time and without notice at the request of one or more Truslors, jr) ref ?ase any person liable. (n) extend or renew the maturity Or a!:01 a "y,f Me terms of any such obligations. (m) grant other indulgences (iv) relea °_e or tecorvey. or cause to be released or recor�vye•- is Beneficiary s option any parcel or all of the Property. (v) lake or release any other u: additional security for any obligation herein n,untwned. ; v„ make settlements or other at with Trustor in relation thereto. All Trustors shall be jointly and severally obl,gared and bound by fire actions of the Beneficiary or any one or more Trustor as staled to this paragraph 16 ATTORNEY FEES, COSTS AND EXPENSES. The Beneficiary of this 1 rust Deed is entitled to the payment of attorney S fees, costs aria expenses as provided in this Trust Deed, except as otherwise prohibited oy law i 19 RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon payment by Trustor of Trustee s lees. Trus :ee shall S reconvey to Trustor. or the person or persons legally entitled thereto. without warranty, any portion of the Properly then held hereunder Recitals.n y such reconveyance of any mailers or facts shall be conclusive proof of the truthfulness thereof. The gtantee in any reconvevance may fie dos,:nbed as the person or persons legally entitled thereto"