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<br />89�- 103556
<br />to REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each at thnm, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured hereby and to exercise all fights and powef4 under this Trust Deed or under any other agreement executed
<br />in C.OnneiCtion herewith or any laws now of hereafter in force, nolwithstandmg some of all of the such indebtedness and obligations scoured
<br />hereby may now or hereafter be otherwise secured. whether by mortgage. bust 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 saleor otherpowers herein contained, shall
<br />prejudice or in any manner affect Trustee's or Beneficiary s rightto realize upon or enforce any other security now or hereafter held by Trustee or
<br />Beneficiary, it being agreed that Trustee and Ben /llciary, and each olthem, shall be entitled to enforce this Trust Deedand 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 />l remedy herein conferred upon or reservedto 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 shall be in addition to every other remedy given hereunder or now or hereafter existing at law or ill
<br />equity of by statute Every power or remedy provided under this Trust Deed to Trustee of Beneficiary or to which either of them maybe otherwise
<br />entitled, may be exercised. concurrently or independently, from lime to time and as often as maybe deemed expedient by Trustee or Beneficiary
<br />and either of them may pursue• inconsistent remedies Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency
<br />fi:Ogment against the Trustor to the extent such action is permitted bylaw
<br />t. TRANSFER OF THE PROPERTY; ASSUMPTION. It all of any pa +•t of the Property or inlei:est therein is sold, transferred or otherwise
<br />conveyed by Trustor without Beneficiary s prior written consent, excluding (a) the creation of a Imp or encumbrance subordinate to this Trust
<br />Owed. (b)atransfer by operation of law upon the death of a Truster who is a joint tenantor (c) the granlof any leasehold interesl otthree (3) years or
<br />less which does not Contain an option to purchase. such action is a breach at W,s agreement, and Beneficiary may, at Beneficiary's option,
<br />! oeclareallthesumssecuredbythisTrustDeedtobeimmediatelydueal�dpayable,provided.furtne ::.this Trust Deed may, allBeneficiary's option,
<br />-- i be declared immediately due and payatv)e. of ill Truslor is a partners,n).p and any interest in the partnership is sold or assigned by any means
<br />whatsoever, or (2) if the Trustor is a co►poSatlon and a transfer of the mX.'(a)ty stock ownership t;n0pres1 in the corporation occurs, or the Truster
<br />corporation merges in any fct;r-'i.with afl ghef corporation or entity Beneficiary have waived such option to accelerate if, prior to the sate,
<br />transfer or conveyance.eereaf avvdrlhe poison to *N;,rn the Property is to be!&Orti OF If anSfetFed teach agreement in writing that thee fWiyof
<br />stich person is satisfactory lq svefic:Ai,iif fi : f_ thatthetr,• erestpayabl eonthesumssecuredbythisTrustDeedsnailbeatsuchra teasBene6ciary
<br />shall request.
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<br />12 ACCEL,fJ11i4TION UPON DEFAULT: REMEDIES; SALE. The fai lute by the T ruslor. to make any payment or to perform any of the terms and
<br />conditions otiNs Trust Deeti'ti or the terms and cone: P -orris of the Note. or any ronewals, modifications or extensions thereof, or the failure to make
<br />pityir►ent of arygthet►ndebtr4ness. prior or subse rf?ri'i'f :a this Trust Deed, and secureo by this property, or the death of one or more Truslors shall
<br />be a breach andgefaultof this Trust Deed and the Beneficiary may declare a defau ?ia.nd may declare an sums e.ecured hereby immediately due
<br />and payable > andr. Nsl same shall thereupon become due and payable + ter.. eutpresentmerl, demarlf. Y, rltoteslor notice of any kind, provided, Trustor
<br />' shall have any,simutory right to cure the default before any notice of r rslault and de-and lei sale may be delivered to the Trustee Thereafter, +
<br />Beneficiary rrapdkiiiver to Trustee a written declaration of default zlintdemand for sate Trustasagrees and hereby grants that the Trustee shall
<br />have the power a? Wool l! ePicijiiortyand d8eneticiary r e :,ides[ "e /P•roperly is to best :fit snaitde0osit with Trustee this Trust Deed andLheN tote.
<br />f or notes and any other doc :,rtit!Tls evidencing expend-lures " %,.4rwe,1n.ereby. and srtal.'de!tver to Trustee a written notice of default and electia r1to
<br />i cause the property to be sold, and Trustee, in turn. shaflpeejvaz ea notice in the farm requ :Ted bylaw, which shall be duty. Eireiil for record by
<br />1 Trustee
<br />(a) After the lapse of such time as may be required bylaw following the recordation of Notice of Default. and Notice of Default and Notice
<br />of Sale having been given as required bylaw. Trustee. without demand on Trustor, shall sell the Property, if not redeemed. in one or
<br />t more parcels and in such order as Trustee may determine on the date and this time and place designated in said Notice of Sale. at
<br />: puiriii. 6vi:iivii i"si,iviisii•y iia i;.w -
<br />(b) Who- n-T'fusteesells pursuant to thepowersheiein. TrusteeShal lapplytheproceedsofthesaletopaymentofthecostsandexpenses
<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 Feas shall not in the aggregate exceed the following amounts based upon the amount secured hereby and
<br />remaining unpeadlatthe lime scheduled for sale 5 parcenturn on the balance thereof. and then to thedam-sin subparagraph Jc)in;hq-
<br />order there stati+t... .
<br />lei After paying the items specifier± )s:+ swbparagraC" (b) d the sale is by Trustee. or it the %a6,%, +,s ;yrsuant to judicial foreclosure. the
<br />pfecools of sate shall be appited in the followr(3 order
<br />(1) Cost of any evidence of title procured in connection wits such sate and of any reverse transfer jiTe required to be paid. ;,,.': 4
<br />(2) All obligations secured by this Trust Deed.
<br />(31.1ur)nf trust deeds, mortgages or other iienhoiders.
<br />(a) T'h$ remainder. if any, to the person legally entitled the-rdle "
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<br />13 APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may. from time to time. by a written instrument executed and acknowledltiad by
<br />Beneficiary, mailed to Trustor and +ecorded in the county or counties •n which The Property is located and by otherwise complying w1th the
<br />pmvcsians of fte applicable laws of the State of Nebraska substitute a su cessor or successorslo1he Trustee named herein or acting hereunder.
<br />Sir _ INSPECTIONS. Beneficiary. or its agents. rc r resentatives or employees. are authorized to enter at any reasonable timeupon or in any part
<br />ofthe Properyfor the purpose of inspecting the samoandlot the purpose of performing any of the acts it is authorized to perform under the terms
<br />of•the Trust Deed
<br />13 OPTION TO FORECLOSURE. Upors the occurrence lit any breacti and upon the declaration Of default hefeundef . Beneficiary shall have the
<br />option to foreclose this Trust Dead in the manner provided by law for the foreclosure of mortgages on real property
<br />16 FORIESEARANCE BY BENEFICIARY ON 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 ofany such right or remedy Likewise
<br />the waiver by Beneficiary at Trustee of any default of Trustor under this Trust Deed shalt not be deemed to be a waiver of any other or s :mdar
<br />delautts subsequently occurring
<br />17 B ncriciARY': POWERS. Without affecting or releasing the !-ability of the Trustor or any other person liable for the payment of any � '-
<br />obligation heroin mentioned, and without affecting the lien or charge of this Trust Deed upon any poit.on of the Properly. Beneficiary may from
<br />trTelot +me and without nolteaatthe request of one or more -if ustors if) Wease any person '-able Ir) lev iendorfenewittematuntvoratieranyot
<br />the IermY of any such obligations. ( >++) grant other indulgences. pvj release of reconvey or cause to be released or reconveyed at any time at
<br />Ben*! :Ciafy S.Optibn any parcel Of al! of the Property (Yj lake or release any 61nef or additional security for any obligation herein ment,orwd . v.)
<br />male ;Sett erneni% or other atrangerrifilm with Trustor m relation Ihnreto Ali TtustorS Sha -i be ,o)ntly and seve!ally obligated and bowfin by inr
<br />a-T;ons o` tie Derel :ctal y of any (trip or more Truslof as stated m tt>,s paragraph
<br />j d ATTOt11NEY FEET, COSTS AND EXPENSES the DcnehEi try of iri s T r;.;,t Deed i5 Cr tit Qit to the pdympnt Cf atlotrey S fees fu .lsr n >r+
<br />` lfxportPS 8% pttru,!tefj,n It"s TruSl Caved, eactipt as olherw+s8 pr(a'•D+!t'a ►)y i.1N
<br />*9 ittCONYEYANCE BY TRUSTEE. UC):rn wt, +fir, +i 'E`q„ Vt l r.' rice c•,.r .Hry 41 ct bj;fJf, t ;iipmt•nl L•y T'W,'+,o •' r >Jvc• vo!,
<br />rPai:nta•f1 w,m fr..t..f'. Cy'•�"'e'. rt ":!r'r i�. 7Pr iii. ,) .
<br />' rrt.. r ,;a' grit 7 r! ar rr'atletS fit rat (: siia,i I n t pr+• 1.i'rrr i't 0 lhv t• ii ^r )•nqr, tnrr , . a
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