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F
<br />89-- 103827
<br />to. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be antilled to enforce payment and poNormanco of any
<br />indebtedness of obligations secured hot #by and to exercise all tights and poweiaunder this Trusl Daedor underany other agreementaxecuted
<br />in connection herewith or any laws now at hereafter in force, notwithstanding some t;r all of the such indebtedness and obligations secured
<br />i hereby may now or hereafter be otherwise secured, whether by mortilage, trust deed, pledge, lien, assignment or otherwise Neither the
<br />icceplanctiot this Trust DW nor its enforcement whether by court action of puf suant to the powerof saleorothef powers herein contained. sliall
<br />pfejudice orin any manner affect Trustes'sor Beneficiary's rightio realize upon or enforce any other secsirily nowor hereafter heldby Trustae 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 art they or edhilr of them may in their absolute discretion determine. No
<br />remedy herein conferred upon or reserved to Trustee or Beneficiary in intended to be exclusive of any 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 />I equity or bystalule. Every poweror remedy provided underthis Trust Deedto Trustee or Benalicinry or to which either of them may be otherwise
<br />i entitled, may be exercised, concurrently or independently, from time to time and as often as may be 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 />judgment against the Truster to the extent such action is permitted by law.
<br />11, TRANSFER OF THE PROPERTY: ASSUMPTION, It all or any part of the Property or interest therein is sold, transferred or otherwise
<br />conveyed by Truster without Beneficiary's prior written consent, excluding (a) the creation of a Iren or encumbrance subordinate to this Trust
<br />Deed. (b) a transfer.• by operation of law upon the death of a T►ustorwho la o joint tenant or (c) the grant rat any leasehold interest of three (3) years of
<br />less which does imil:contain an option to purchase, such action is a breach Of this agreement, artd Beneficiary may, at Beneficiary's option,
<br />declare ali the su" secured by this Trust Deed to be immediately due and payable, provided, further, this Trust Deed may, at Beneficiary's option,
<br />be declared immediately due and payable, if (1) Trustor is a partnership and any interest in the partnership is sold or assigned by any means
<br />whatsoever, or (2) if the Trustor is a corporation and a transfer of the majority stock ownership interest in the corporation occurs, or the Trustor
<br />corporation mergtrls in any form with another corporation or entity. Beneficiary shall have waived such option to accelerate it, prior to the sale.
<br />Iransferorconveyance, Beneficiary and the ;person to whom the Proparly is to be sold or transferred reach agreement in writingthatthe credit of
<br />such person is satisfactory to Beneficiary andthat the interest payable an the sums secured by this Trust Deed shall be at such rate as Beneficiary
<br />shalt request.
<br />12- ACCELERATION UPON DEFAULT; REMEDIES,' 916:.E, The failure by the Trustor, to make any psymenlov toperform any of the terms and
<br />conditions otehis yv�st Deed, or the terms and conditic4cif the Note, or any renewals, modifications or extensionsthereot, or the failure to make
<br />payment of gny.cther indebtedness, prior or subsequent tv lhls Trust peed, and secured by this properly, or the death of one or Mace Trustors shall
<br />be.+aWeactr of this Trust Deed and•1he Benefiylvy may declare a defauttatnd may declare all sums secured hereby emmediateiy due
<br />and payable and the same shall thereupon become due and payable without presentment, demand, protestor notice of any kind, provided. Trustor
<br />shrift have any statutory right to cure the default before my Notice of default and demand for sate 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 thatthe Trustee shall
<br />have the power of sale of the Property and if f eneficiary decides the Property. isto be sold a shall deposit with Trustee this Trust Deed and the Note
<br />or notes andany other documents evidencing expenditures secured hereby.. and shall deliverto Trustee a written notice of detauttand election to
<br />cause the property to be sold. and Trustee, in turn, shall prepare a similar notice in the form requiredlay law, which shall be dulyiitedfor record by
<br />(a) After the lapse of such 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 law, Trustee, without demand on Trustor, shall sell the Property, if not redeem04, 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 Sate. at
<br />i public auction according to taw
<br />i
<br />i (b) When Trustee sells p4ratiantlothe powers herein. Trustee shall apply the pmceeds of the sale to paymentolthe costs and expenses,
<br />of exercising the paw& of sate and of the sale, including, without limitation, attorney's fees and the'payment of Trustee's fees .
<br />s incurrillic Oich rito.ift4's Fees shall not in the aggregate exceftd.the following amounts based upon the amount secured heret ,'�vd
<br />remainin%'- wipatdit'• lhi} timeschetluiud for sale: 5percentumon. the balance thereof; andthento the items insubparagP8 ' ;hte)]fr-1 st.
<br />order there stated:. .
<br />(a� After paying the items specified in subparagra�Y;r.' ;b). if the sale is by Trustee, or if the sale is pursuant to judicial foreclosure, the
<br />proceeiis 49 sale shall be applied in the following order
<br />'111 C403 a any evidence of.tillif prccured in connection with such sale and of any revenue transfer fee required to Ue-0aid: .
<br />121 A44bligations secured fly this Trust Deed;
<br />131 Junior trust deeds, mortgages. or other henholders.
<br />(4) The remainder, it any.'fo the person legally eninted thereto.
<br />s
<br />13. APPOINTMENT OF SUCCESSOR T*IPSTEE. Beneficiary may, from time to lime. by a written instrument executed and acknowledged by
<br />Beneficiary, mailed to Trustor and recorded'in the county or counties in which Ilse Property is located and by otherwise complying with the
<br />provisions of the applicable laws of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder.
<br />1;+ WSPECTIONS. Beneficiary, or its agents, reprosenlalives or employees, are authorized to enter at any reasonabletime upon or in anypart
<br />ofthie Property for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perfor. m-under the terms
<br />Of the Trust Dated
<br />I S..OPTIOIITOFORECLOSURE. Upon the occurrence of any breat=h 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 FONDEMANCEDYSENEFICIARY ON TRUSTEE NOT A WAIVER. Any foreboarance by Beneficiary or Trustee in exercising any fight or
<br />remedy hereunder. orotherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such tight 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 cr similar
<br />defaults subsequently occurring
<br />17. S'ENEFICIAPIY'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 or charge of this Trust Deed upon any portion of the Property. Beneficiary may, from
<br />tine lotsme and withoutnoticeattho request of one or more Trustors. (i) release any peison:raUiB. Ili) extend of renew the maturity or alter any of
<br />the terms of any such obligations, (u) grant other indulgences. (fill release or reconvey, or cause to be released or reconveyed at any time at
<br />Beneficiary s option any patrol or all of the Property, (v) take or release any other or additional security for any obiigal!un herein mentioned. (vil
<br />make settlements at other arrangements *sib Trustor in relation thereto. All Trustors shall be jointly and severally obligated and bound by the
<br />octtons of the Beneficiary of asny one or more Trustor as stated in this paragraph
<br />16 ATTORNEY FEES. COSTS AND EXPENSES. Trio Beneficiary of this Trust Deed entitled tc, the pa-firrient of atiorric•v s fees t um ; „nu
<br />expenses as prov4ed m this Trust Deed except as otherwise prohib,ted by raw
<br />ty RECONVEYANCE •T TRUSTEE. upon written retluesr of Benet r.arr, anis upon payrrent t.r Trr,!;j0t ;,t Tr,'tr,r, ft,ps. ;r.,,.i,.t, • r. :,
<br />fhLSt :vtl�trlTr..lilor of the volsonorperlsbnslacialty entitled U ,efelo . witnoatwaracir �u�pr. rr :nnc.ltf-nPrr.nnrt�t!u�c.•_u :i7 r. :r,..�•,t,•r Nn,t.,i_.
<br />,..! P rP(.e,niCv(ARi.H of any mat!itrs t:r raC15 s1`1 rte f.fit7L'tiis• :L G'!.:.)t Ut !If! ItuII,f. hp q a-fev ,v,f 'r, i.r,vrv_I�'. t• i° 1. i•
<br />rjy. r r 'reJ iii •riff j..9rSGn (s1 yefs(iiig
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