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<br />t o REM1 i1IL• S NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be enbbed to enforce payment and performance of any
<br />indebtedness of obligations secured hereby and to exercise all np!s and powers urde r this Trust Deed or under any other agreement executed
<br />in connectn;n harnwdh or any laws now or hereafter in force, notwithstanding some o. all of the such indebtedness and obligations secured
<br />hereby mat no.r or hereafter be otherwise secured, whether by mortgage, trust deed, pledge, lion, assignment or otherwise Neither the
<br />accepts ^c- of this Trust Deed nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shad
<br />pre,udice or n, any manner at!ect Trustee's or Beneficiary'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 hereir confei red 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 hereaiter existing at law or in
<br />equity of by statute Every power or remedy provided under this T rust Deed to Trustee or Beneficiary or ;o which either of them maybe otherwise
<br />entitled. may be exercised. concurrently or independently, from tirne to time and as often as maybe deemed expedient by Trustee or Beneficiary
<br />and e,lhei of ;hem may pursue inconsistent remedies. :Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency
<br />judgment against the Truslor to the extent such action is permitted by law
<br />I I TRANSFER -OF THE PROPERTY; ASSUMPTION. 11 all or any par! of the Property or tnleresl therein is sold, transferred or otherwise
<br />conveyed by Trustor without Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Tni-,t
<br />Deed. f b) a transfer by operavon of law u on the death of a Truslor who is a pint tenant or !c) the grant of any leasehold interest of three 13) year!::;
<br />less which does not contain in option to purchase, such action is a breech of this agreement, and Beneficiary may, at Beneficiary's option,
<br />declare all the sums secured by this Trust Deed to be immediately due and p iyabld, provic'ed, further, this Trust Deed may, at Beneficiary's oh -;ion,
<br />be declared immediately due and payable, it (t) Trustor is a partnership and any interest in the partnership is sold or assigned by any means
<br />whatsoever, or (2) if the Truslor is a corporation and a transfer of the majority stock ownership interest .n the corporation occurs, or the 7rustor
<br />corporation merges in any form with another corporation or entity. Beneficiary shall have waived such option to accelerate d, prior to the safe.
<br />transfer or conveyance, Beneficiary and the person to whom the Property is to be sold or transferred reach agreement in writing that the • ^_red;. of
<br />such persons satisfactory to Beneficiary and that the interest payable on the sums secured by this Trust Deed shall be at such rate as Beneficiary
<br />shall request
<br />12 ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by the Truster, to make any payment or to perform any of the terms and
<br />cond (runs of this Trust Deed, or the terms and conditions of the Note, or any renewals, modifications or extensions thereof, or the failure to snake
<br />paymen! of any other indebtedness. prior or subsequent to this Tiust Deed, and secured by this property, or the death of one or more Trustors shall
<br />be a breach and default of this Trust Deed and the Beneficiary may declare a defau;t and may declare all sums secured hereby immediately due
<br />and payable and the same shall thereupon become due and payable without presentment, demand, protestor notice of any kind, provided, Trustor
<br />shah have any statutory right to cure the default before any notice of default and demand for sale may be delivered to the Trustee Thereafter.
<br />Beneficiary may deliver to Trustee a written declaration of default and demand for sale. Trustor agrees and hereby grants that the Trustee shall
<br />have the power of sale of the Property and if Beneficiary decides the Property is to be sold d shall deposit with Trustee This Trust Deed and the Note
<br />or noses and any other documents evidencing expenditures secured hereby, and shall deliver to Trustee a written notice of default and election to
<br />cause the oroperty to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by law, which shall be duly filed for record by
<br />Trustee
<br />(a) Alter the lapse of such time as may be required by law following the rerorda lion 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, it not redeemed, in one or
<br />more parcels and ;n 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 />Ib) Pmen Trustee sc!'s pursuant to the powers herein,'Trustee shall apply the proceeds of the sale to payment of the costs and expenses
<br />of exercising the power of sale and of the sale, including, without limitation, attorney's fees and the payment of Trustee's Fees
<br />incurred. which Trustee's Fees shall not in the aggregate exceed the following amounts based upon the amount secured hereby and
<br />remaining unpaid at the time schedule; for sale 5 percentum on the balance thereof; and then to the items in subparagraph (c) m the
<br />order there stated.
<br />(ci After paying the item; specified in subparagraph (t•). if lhc, sale is by Trustee, or if the sale is pursuant to judicial foreclosure, the
<br />proceeds of sale shall be apph �d in the following brder:
<br />( I I Cost of any evidence of tits • i r )cured in connectior with such sale and of any revenue transfer fee required to be paid,
<br />12) All obligations secured by tins rust Deed,
<br />(3) Junior trust deeds, mo :'_:ages, or other penholders;
<br />11) The remainder, if air, to the person legally entitled thereto.
<br />I , APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from tlrm; to time, by a idriVen instrument executed and ackncwledged by
<br />:enefici; y, mailed lc Trustor and recorded in the county or counties in which life Property is located and by otherwise complying with the
<br />provisions of the ;ipplicable laws of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder
<br />INSPECTIONS. Beneficiary, or its agents, represen!a!ives or emplcrees, are authorized to enter at any reasonable time upon Orin any part
<br />o' :he Properly for the purpose of inspecting the same and for the purpose o! performing any of the acts it is authorized to perform under the terms
<br />of the Trust Deed
<br />15 OPTION TO FORECLOSURE. Upon the occurrence of any breach and upon tne, declara) ionotdetauli hereunder, Beneticiary shall have the
<br />option to foreclose this Trust Deed in the manner provided by law for fire foreclosure of mortgages on real property.
<br />16 FOREBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forebearance by Beneficiary or Trustee in exercising any right or
<br />rnrnedy 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 />Ir.e wnirer by Bone! :.;ary or Trustee of any default of Trustor under this Trust Deed shall not be deemed to be a waiver of any olhe: or similar
<br />de!aults subsequent y nrcurrmg
<br />17 BENEFICIAF,' 'S POWERS. Without affecting or releasing the liability of the Trustor cr any other person liable for the payment of any
<br />obligation herein rnentioned, and without affecting the lien or charge of this Trust Deed upon any portion of the Property, Beneficiary may, from
<br />un,v ;� i,ine and w thout nonce at the request of one or more Trusters, I;) reloase any person liable, (n) extend or renew the maturity or alter any of
<br />the terms o! any such obligations, (m) grant other indulgences, (Iv) release or reconvey, or cause to be released or reconveyed at any time it
<br />Bennhciary s option any parcel or all of the Property, (v) take or release any other or additional security for any obligation herein menhoned, ivil
<br />snake setl1em4nts or other arrangements with Trustor in relation (hereto All Trustors shall be jointly and severally obligated and bound by the
<br />act ens of Uhf! Beneficiary or any one or more Trustor as stated in this paragraph
<br />H ATTORNEY FEES, COSTS AND EXPENSES. The Benehcia,y of this Trust Deed is entitled to the paymenj of attorneys fees, cusjs and
<br />ex poise; av provided in this Trust Deed, except as otherwiso prohibited by law
<br />19 RECONVEYANCE BY TRUSTF.E. Upon wntton inquest of Beneficiary and upon payment by Ttuslur of Tiusteo s fees. Trusted shift
<br />reconvey to Trustor, or the per sun or p,•rions legally cntiGud thereto, without warranty, any portion of the Property thun hold hereunder Recit,ils ui
<br />such reconveyance of any nipiters or facts shall be conclusive proof of the truthfulness thereof The grantee in any roconveyance m.1y be
<br />r ; as lair or ; 1: on% 1, q,dly entitled therrolu
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