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<br />90-105-845
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<br />10 REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled 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 eracuted
<br />in connection herewith or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and obligations secured
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<br />hereby may now or hereafter be otherwise secured, whether by mortgage, trust deed. pledge, Iron, assignment or otherwise Neither the
<br />acceptance of this Trust Deed nor Its enter cam ent whether by court action or pursuant Io the power of sale or other powers herein contained. shall
<br />prejudice or in any manner affect Trustee's or Beneficiary's right to realize opener enforce any other security newer horealler 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 heroin conferred upon or ros fired to Trustoo or Banal Iciary is intended to be axclusivo of any other remedy herein or bylaw provided or
<br />pemajlged,.but erACts•shall pR cpplpl; a and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or to
<br />equity al by stalMt�Nh,NfrjlpperltR r r edy provided under this Trust Deed to Trustee or Beneficiary or to which either of them maybe otherwise
<br />erltillefill: i01WfidillISOACottiCurfe lyor independently. from time to time and as often as may be deemed expedient by77ui .meorBeneficiary
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<br />ancITRI W BhNlni ItV pursue Inconsistent remedies Nothing herein shall be construed as prohibiting Beneficiary from so,eking a deficiency
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<br />judgment against the Truster to the extent such action is permitted by law
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<br />1 TRANSFER OF THE PROPERTY; ASSUMPTION. if all or any part of the Property or interest the►eir ,; sold, transferred or vherwlse
<br />conveyed by Tr•;.stor without Beneficiary s prior written consent, excluding (a) the cioation o1 a tier, or encumbrance subordinate to this Trust
<br />Dead, (b) a trap', for by operation of law upon the death of a Trustor who is a joint tenant or (c) the grant of any leasehold interest of three (3) years or
<br />less which does not contain an option to purchase, such action is a preach of this agreement, and Beneficiary may. at Beneficiary's option,
<br />declare all the sums secured by this Trust Deed lobe immediately due and payable, provided, further. this Trust Deed may. at Beneficiary's option.
<br />be declared immediately due and payable, if ( 1) Truslor is a partnership and any interest in the partnership m sold or assigned by any means
<br />whatsoever, or (2) of the Trustor is a corporation and a transfer of the majority stock ownership interest in the corporation occurs, or the T rustor
<br />corporation merges In any form with another corporation or entity Beneficiary shall have waived such option to accelerate if, prior to the sale,
<br />transfer or conveyance. Beneficiary and the person lowhom the Properly is to be sold or transferred reach agreement in wr+tinglhal lhecredil of
<br />such person Is satisfactory to Beneficiary and thel the interest payable on the sums secured by this Trust Deed shall be at such rate as Beneficiary
<br />shall request.
<br />12. ACCELERATION UPONDEFAULT; REMEDIES; SALE. The failure bythe Truster, to make any payment or to perform any of theterms and
<br />rgndifirynR ryllhtg TrrJSf L1M!►f, 4f !hw fwrtng AM cnnd!fiens of !he Mole. n. sny renetrials. modifica!ions ore xtens -or!G thereof, of !tie failure in frake
<br />payment of any other indebtedness. prior or subsequent to this Trust 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 default and may declare all sums secured hereby immediately due
<br />and payable and the same shall thereupon become oueand payable without presentment• demand, protest or notice of any kind, provided, T rustor
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<br />shall have any statutory right to cure the delaull before any notice of default and demand for sate may be delivered to the Trustee Thereafter.
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<br />Beneficiary may deliver to Trustee a written declaration of default and demand for sale Truslor agrees and hereby grants that the Trustee shall
<br />havethe power ofsaleofthe Property and If Ban eliciary decides the Properly is to be sold it shall deposit with Trusteethis Trust Deed andthe Note
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<br />or notes and any other documents evidenc ing expenditures secured hereby, and shall delivereo Trustee a written notice of default and election to
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<br />cause the property tobe sold, and Trustee, In lurn, shall pif;pare a similar notice in the form required by law. which shall be duly filed for record by
<br />Trustee.
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<br />(a) After thelapse of such time as maybe required bylaw following the recordation of Notice of Default. and Notice of Default and Notice
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<br />of Sale having been given as required by law• Trustee• without demand on Truster. shall sell the Property. +1 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
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<br />public auction according to law.
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<br />(b) When Trustee sells pursuant to the powers herein. Trustee shall apply the proceedsof 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
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<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 scheduled for sale: 5 percentum on the balance thereof, and then to the items in subparagraph (cI in the
<br />order there stated.
<br />(o) After paying the Items specified in subparagraph (b), if the sale is by Trustee, or it the sale is pursuant to judic set foreclosure. the
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<br />proceeds of sate shall be applied in the following order:
<br />(1) Cost of any evidence of title procured in connection with such sale and of any revenue transfer lee required to be paid.
<br />(2) All obligations secured by this Trust Deed
<br />(3) Junior trust deeds, mortgages, or other Itenholders.
<br />(4) The remainder, of any, to the person lega.•i wnhtled thereto
<br />13. %PPOiNTWENTOF SUCCESSOR TRUSTEE. Benefictary - ar 'N-om time to time. by a wee n-. - instrument exec 4retY a -: aatnowtedged by
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<br />"asUctary. wr;,,ted to Trustor and recorded in the county or court,:.es in which the Properlp .-� .sated and by el "eeff —sp , r- olying yr rh the
<br />prainsions of the applicable laws of the Slate of Nebraska substitute a successor or successors tome Trustee n arrect here.m -or acting he r('.r••„er
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<br />14. INSPECTIONS. Beneficiary. or itsagents representativesoremployees. dra a. *mrtro9ur enter at any reasonable ttr*e upon or it, a-r wart
<br />of the Properly for the purpoSeol inspecting the same and for the purpose of perform -njy sny o rte' a acts it is authorized to Frrio•m under the terms
<br />of the Trust Deed
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<br />15. OPTION TOFORECLOSURE. Upon theoccurrence of any breach and upein m a aeclaration of default hereunder. Beneficiary br,a'i naVeine
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<br />fn 4vrf•inu fh.ra Tn.af n..w .n ti,. �nunn rr nr.-...,A.w/ w.. ta.. b.• t,n. fn....'t.,.r..,. ,.l ......�.. e...e .... ,:: «, .............
<br />T6 FOREBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAI V ER. Any lorebearance ay Bf.nefic tary of T rustBe to exert istng .in y t, qm , • t
<br />remedy hereunder. of otherwise affordedby applicablelaw. shall not be a waiver otof preclude the exercise of any such right of remedy Ltxtttwse
<br />the waiver by Beneficiary or Trustee of any default of Truslor under this Trust Deed shall not be deemed to be a waiver of any other or stin.tar
<br />daiaults 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
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<br />obligation herein mentioned, and without affecting the lien or charge of this Trust Deed upon any portion of the Property Benehcuary moy from
<br />time to time and without notice at the requesiof one at more Trustors ( ilrelaase any person liable. luI extend of renew the nalutdy tit attw any ef
<br />the terms of any such obligations, fill) giant other indulgences. fly) release or reconvey. or catibe to be released or ieconveyed at ativ 1-meal
<br />Beneficiary s option any parcel or all of the Properly. Ivj take or release any other or additional sec urtly tot any obligation herein niontirined iv
<br />make settleme ilsor other arrangements with Trustor in relation thereto All Trustors shall be jointly and severatly obligated and bound by the
<br />actions of the Beneficiary or any one or more T rustor as stated to this paragrapti
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<br />18. ATTORNEVFEES, COSTS AND EXPENSE&. The denehctafy oflhis Trusl Used . ent-tied t,- ih.• j,,ivntrrtt tit ,ittotni v . tr•t•y • tt.t• .i •.t
<br />expenses in this Trust Deed lary
<br />as provided except as otherwisA prohibited tlV
<br />tg RECONVEVANCE By TRUSTEE. Upon written request of f3ant•f•, .,n, .trnl „jt:n pdrtr•et,! rot t, "N4.1 . t t• -,. rt•i• ,., T.,,�t,.,.
<br />reconveyt oTruslor. orlhe person tot gwi6on tlegailyt,nidledtherple n,tttr•t•C•,-pr•ttrttf•t r—.tt,i•r,,• -!. r+.. t.,,
<br />such recunveyAnce of soy matters of fact% shad be i nnc h,ti,.e pr,t.It „+ tt,,, tt„rt-f,,.t.....• ttn•,,.,.t it ,• i•.,t tt•t• •. ,.,•. ...,. • .
<br />described as the person or persons legally enhepd thf relu
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