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89-- 103097
<br />10 REMEDIES NOT EXCLUSIVE, Trustee and Beneficiary, and each of them, shall be entilled to enforce payment and performance of any
<br />indebtedness or obligations secured hereby and to exercise all rights and powers under this 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 the such indebtedness and obligations secured
<br />hereby may now or hereafter be otherwise secured. whether by mortgage, trust deed, pledge, lien, assignment of otherwise. Neither the
<br />acceptance of lhisTrust Deed noritsenforcemeni whether by court actionor pursuanitothe powerot sale or other powers herein Contained, shell
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<br />preludiceor in any manner affect Trustee's or Beneficiary's rightto realize uponor entorceany other security now or hereafter heldby Trustee or
<br />Beneficiary, it beingagreedthal Trustee and Beneficiary, and each of them, shallbeentitledto enforcethls 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 uponor reserved to Trustee or Beneficiary is lntendedto beexclusive otany other remedy herein or by law provided or
<br />i permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in
<br />equityorby statute. Every power or romady provided under this Trust Deed to Trustee or Beneficiary or to which either of them maybe otherwise
<br />entitled, maybe exercised. concurrently or independently, from time to time and as often as maybe deemed expedient by Trustee or Beneficiary
<br />j and either of them may pursue inconsistent remedies Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency
<br />2 judgment against the Trustor to the extent such action is permitted by taiw
<br />11. TRANSFER OF THE PROPERTV; ASSUMPTION. If all or any part of the Property or interest therein is sold, transferred or otherwise
<br />conveyed by Trustor without Beneficiary's prior written conponl. excluding (a) the creation of a lien or encumbrance subordinate to this Trust.
<br />Deed, (b) atransfer by operation of law upon the death of a Till -stor who is a joint tenant or (c) the grant of any leasehold interest of three (31 years er
<br />less which does nat,conlain.an,aption,lo purchase, stloti action is a breach of this agreement, and Beneficiary may, at Beneficiary's option,
<br />declare all the sums secured bytllis'Trust Deadto be immediately due and payable, provided, further. tills Trust Deed may, at Beneficiary's option,
<br />be declared imrnodtWgiy due agdipatfable,11 f 1) Trustor is a partnership and any interest in the pare ?erghip is sold Or assign6d by any means
<br />whatsoever, or (21 If the Truslar ifi..a corporation and a transfer of the majority stock ownership interosCimthetgrporalion occurs, or the Truster
<br />corporation merges in any fornj wjth another corporation or, qntity. Beneficiary shall have waived su.ch, aplicimfg• uccelerate•d, prior-to the•salp ;
<br />transfer or conveyance, Berirl whom-ANA and the person to whoRNA Property is to be solder transferredtrrpa,6h agre•6.m+3nt In writing that the credit'd.
<br />such per son is satisfactoryfo( enehciaryandthattheinteiu% payableonthesumssecuredbythisTrushV0ed1 )iaJf.4eatsuchrateartSenepGiuiy
<br />shall request.
<br />12 ACCELERA,Tt0lNUPONDEFAULT. REMEDIES; SALE. The failure by the Truster, to make any payment artap' erform any�of the terms and
<br />conditions of this Ttust Deed, grthe terms and conditions of the Note, or any renewals, modifications or extensions fliamof. oitile failure to make
<br />Payment of any otlieairtdebledness, prior or subsequentto this Trust Deed, and secured by this property-or the dealli of one qr rrrore Trustors shall
<br />be a breach and delaalt o1 this Trust Deed and the Beneficiary may declare a default and may decla(e•0319ums secured hereil f immediately due
<br />and payable and the same shall thereupon become due and payable without presentment• demand, proleslof nolrceaf any kind, provided. Trustor
<br />shall have any statutory right to cure the default before any notice of default and demand for sale may be deliveied,to the Trustee. Thereafter,, i
<br />Beneficiary may deliver to Trustee a written declaration of default and demand for sale. Trustor agrees and herebyrgranis that the Trustee shall
<br />havethe power of sale of the Propedy and if Beneficiary decides the Property is to be sold d;shalt deposit with Trustee this Trust Deed and the Note"
<br />or notes and any other documengsievidencing expenditures s:ec ured hereby, and shall 04-ver to Trustee a written notice of default and election jo —
<br />cause the property to be sold. an4frustee, in turn, shall prepare a similar notice in the form required bylaw. which shall be duty filed for record by
<br />Trustee.
<br />(a) After the lapse of suO. time as maybe required bylaw following the recordation of Notice of Default, and Notice of Default and Notice
<br />of Sale having been given as required by iaw. 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 />public auction according to raw.
<br />(b! When Trustee sells 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 feet% and the payment of Trustee's Feess,
<br />incurred, which Trustee's Fees shall not in the aggregate exceed the following amounts based uponthe amount secured hereby and–
<br />remaining unpaid at the time scheduled for sale: 5 percentum on the balance thereof: and then to the items in subparagraph lc) inthili.
<br />order there stated.
<br />(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
<br />proceeds of sale shati,,be applied in the following order.
<br />(1) Cost of any evidi ra! -1.ol title procured in connection with such sale and of any revenue transfer tee 'required to be (laid.
<br />(2) All Obligations secured by this Trust Deed:
<br />(3) Junior trust deeds, .mortgages, or other penholders.
<br />(4) The remainder. if any, to the person legally entitled thereto
<br />r3? APPOINTMENT OF SUCCESSOR TRUSTEE. Benehmary may, from time to time, by a written instrument'extaiMed and acknov;i4i gte+d by
<br />Beneficiary, mailed to Trustefr ind recorded in the court)f or counties in which the Property is located and by otherwise compi•yiog vvtth•the
<br />Provisions of the applicable lawof the.Stateof- iNebraska substitute a successor or successors to the Trustee named herein or acting - hereunder.
<br />14. INSPECTI; N& Beneticiaq, or its agents. reprises- ta!iyes or employees, are authorized to enter at any reasonable time upon or in any part
<br />Of fhL�Property to►ihe'purpose ai-ynspecting the saliva and for-The purpose of performi ngany of the acts it is authorized to perform under the terms
<br />of!tt#e Trust Deed,
<br />15.OPTIONTO FORECLOSURE. Upon the occurrence of any breach and upon the declaration of default hereunder. Beneficiary shall have the
<br />option to foreclose this Trust Deed in the manner provided by law for the foreclosure of mortgages on real property
<br />16. FORESEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forebearance by Beneficiary or Trustee in exercising any right or
<br />remedy 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 />the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed shall not be deemed to be 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 • __
<br />obligation herein mentioned. and without affecting the lien of charge of this Trust Deed upon any portion of the Property Benefrr:ary may from
<br />fime fotimeand without notice atthe request of one or mdse Trustors. (Q release any person liable. (h) extend or renew the maturity or alter any of }
<br />thq40rms of any such obligations. (iii) grant other indulgences. (iv) release or reconvey, or cause to be released or reconveyed at any time at
<br />Bertetrciary's option any parcel or all of the Property, iv) take or release any other or additional security for any obligation herein rneritioned (v,l ,
<br />make settlements or other arrangements with Trustor in relation thereto. All Trustors shall be jointly and severally obligated and bound by the
<br />actions of the Beneficiary or any one or more Trustor as stated in this paragraph
<br />18 ATTORNEY FEES, COSTS AND EXPENSES. The Beneficiary of this Trust Deed is entitled fu the payment of attorney 5 tees r osts anit
<br />expenses as provided in this Trust Deed, except as otherwise prohibited bylaw
<br />19 RECONVEYANCE BY TRUSTEE. Upon written request o' Sonelicrary and upon payment oy Truster M Itustee r. 'nr Tr,,:tee
<br />reconvey to T rustor. or the person or per sons legally entitled the relo. without AiarrantV 7nyppr!: pnUllR�rpr�yertrrihanhi•itlivvr ,urry r qt • i,n•.
<br />sur"h rcronvrnyAnCq fir any rnatters of fact , 3hD11 trC CJn�? ^,r:� vt :7f ^! tie !r �ihh,'n ©i> the r: C.' T r.r ,r ,+rD•,• .,, .iny ,, >, nnvey:nu r, •.,0, ' r
<br />tiC'SCrr! rill 8L the person or pflrbon, legally entitled lhewlr, rMv
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