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89"".- 104687
<br />_ t O. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be allotted to enforce payment and performance of any
<br />Indebtedness or obligations secured hereby and to exercise all fights 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 or otherwise Neither the
<br />acceptance of this Trust Deed nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, snail
<br />prejudice or In any manner affect Trustee's or Beneficiary's right to mahze upcnorenforce any olttetsecurdynow or hereafter held by Trustee or
<br />Beneficiary, it being agreed that Trustee and Beneficiary, andeach of them, shall be entitled to enforce (hilt Trust Deed and any other security now
<br />ti 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 upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or
<br />permitter!, G4x each shall be cumulative and -ahall be in addition to Avery other remedy given hereunder or now or hereafter existing at law or in .
<br />equilyor by statute. Every power or remedy provided underthis Trust Deed !o Trustee ov Beneficiary or to which either of them may be otherwise
<br />qat itr act, may beexercised, concurrently or independently, from tfif jetotime and asoftenas may be deemed expedientby Trustee orBeneficiary
<br />i ;oitftair of them may pursue inconsistent remedies. Nothing fterein shelf h4'construed as prohibiting Beneficiary from seeking a deficiency
<br />'^alt against the Trustor to the extent such action is permitted -by law.
<br />74f ER OF THE PROPERI<>F; ILSSUMPTION. If all rh I part of the Property or interest therein is sold,,trar•s.fer ► ed or otherwise
<br />.3 ifiV YP =%?iSr Trustor without Beneficiafws prior written consent; excluding Jai the creation or•a hen or encumbrance su rdmate to this Trust
<br />cf3tf; (bi atransferby operation of law upon the dpgtli:el a Trusidr who 1s a joint tenant or (c) the grant of an r ie�ehoId i 1 +;�: yst of three (3) years or
<br />`t4�s which does not contain an option to purchasrr�. such action is a breach of this agreement, and Bei7ac, t:aty may. at Beneficiary's option.
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<br />'deClare'all the sums secured by thisTtust Deed to to immedidtiNNoue and payable, pf ovided. further. this Truyi Deed may, - kSeneliclary'soption,
<br />be det3 [re7: immediately due and payable, d (1 I Trustor is�a>ja eTship and any interest in the partnership is sold Cr ets geed by any means
<br />whatsoeyRf: or (2) if the Trustor is a corporation and a trarisfe`r::T tae majority stock ownership interest in the corpora3:iri curs, or,the Trustor
<br />corporation merges in any form with another corpgrrdkon or entity Beneficiary shall have waived such option) to accere -ate if, prior to the sate, j
<br />transferorconveyance. BeneficraryanArhopdr36raG�^ aeitomthePropertyistobesoldortransferredreache teementinwritingthattteafehitof
<br />Sdch person issatisfactorytoSeneficiary and tttiaf' 2; i]?4 veresl payable on the sums secured by this Trust Cle dshallbeatsuchrateasB !ime.:ciary
<br />shall regttrair.
<br />12. ACCE'L.ERATION UPON QEFAtfriV;AFIA SALE. T h e failu re by the Trustor, to make any payment or to pe-, ibTli, any of the terms and
<br />conditions of this Trust Deed. or the terms and cc�tiilh' �cnsof the Note, or any renewals, modifications or extensions the, cit.or the faituratomake
<br />_ payment of any other indebtedness, prior or subse + ;rir-11t to this Trust Deed. and secured by this property, or tiff death of one or more Trustors shall
<br />be a breach and default of this Trust I7oed•and the00ieficiary may declare a default and may declare all sum secured hereby immediately due
<br />and payalitsand the same shall lhareupor! become due and payable without presentment. demand. protest s'.'n�t,ceG erk kind, provided, Trustor
<br />shall has r;.Ata ^statutory right to curia thk default before any notice. of default and demand for sale may be de `were,: Rof'he Trustee. Thereafter,
<br />Beneiciary;iriey deliver to T•ustaa a written declaration of defauitaand demand for sale. Trustor agrees an t -eby grants that the Trustee shall
<br />have the power of saleoli bernroponypndifBenellciarydecidesitt;E7Propertyistobeso lditshalldepositwit),Jp, .eethisTrustDeedandtheNote ` --
<br />or notes and any other documonto evidencing expenditures secured bar oby, and shall deliver to Trustee a:fim V:an notice of default and e'tectionto
<br />causethe prapertyto 130 sold, and Trustee, inturn, shall prepare a similar notice intheform requiredby -cw.w1itch shall be duly filedtor�ecardby
<br />Trustee-
<br />10) After the lapse of such time as maybe required bylaw follovnng the recordation of Nz.: and Notice of Default and Notice
<br />of Sale haying been given as required byla.m. Trustee, without demand on Trustor, shalt sal •T. i. 0operty, if not redeemed, In one or
<br />more parneto and in such order as Ttus eza!iay determine on the date and the lime and place; azs,gnated in said Notice of Sale, at i
<br />public auction according to law
<br />(b) VJhenTrusteesellspursuantt gthepowersherein, Trust eeshallappl ytheproceedsofthesaletopaymentofthecostsandexpenses
<br />of exercising the power of :a 4s and of the sate, intruding, without limitation. attorney's fees and the payment of Trustee's Fees
<br />incurred, which Trustee's Fiii_:; shall not in the aggregate exceed the following amounts based u pon the amount secured hereby and
<br />remaining unpaid at the time scheduled fcr sale 5percentumonthebalancethereof. andthentatheitemsinsubparagraph ic':pnthe
<br />order there stated
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<br />(c) After paying the items specified in subparagraph (b►. if the sale is by Trustee, or it the sale is pursuant to judicial foreclosure, the
<br />proceeds of sate shall be applied in the following order
<br />(1) Cost of arg r >vidence of title procured in connection with such sale and of any revenue traris`'3r fee required to be paid,
<br />(2) All obligations secured by this Trust Deed.
<br />(?y Junior trust deeds. mortgages, or other lienholders.
<br />,4 ,1 The remainder, if any, to the person legally enhtleC lit-jrelo
<br />13. APPOINTMENTOF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and acknowledged by
<br />-Beneficiary. (nailed 10 Trustor and recorded in the county or counties in which the Property is located ,and by otherwise comprpi ^g with the
<br />provisionsof the applicable laws of the Stateof Nebraska substitute a successor or successorsto the Trustee named herein or act, nghereunder
<br />11. INSPECTIONS. Beneficiary, oci.kp agents. representatives or employees. are author :'ed to enter at any reasur, j,'. , lima upon or in any part
<br />of the Property lot the purpose of inspecting the same and for the purpose of performing any al ire acts it isauthonzec3u perform undertho terms
<br />of the Trust Deed.
<br />15.OPTIONTO FORECLOSURE. Upon the oc.o , ence of ar y b, = .,ach and upon the declaration of defaaf(t)r3reunde►, Beneficiary shall have the
<br />option C?rrci :eclose this Trust Deed in t a manner otovrded by '• for the foreclosure of mortgages c~ r.ai property.
<br />16. FOREOEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forebearance by Bene`ic• ary or Trusteu in exercising any right or
<br />remedy hereunder, or otherwise afforded by applicable law, shall not be awaiver of or preclude the exert 1u:of any such right of remedy. Likewise.
<br />the waiver by Beneficiary of Trustee of any def•3,alt of Trustor under this Trust Deed shall not be deemed ro be a waiver of any other or similar
<br />defaults subsequently occurring.
<br />17 RENEFiCiARV'S POWERS. Without affecting or releasing the liability of the Truslor or any other person liable for the payment of anv
<br />obligation herein mentioned, and without affecting the hen or charge of this Trust Deed upon any portion of the Property. Beneficiary may. from
<br />limetotime and without notice atthe request of one or more Trusters. Ira release any person liable. (u) extend or renew the maturity or alter any of
<br />the terms of any such obligations, Un) grant other indulgences. (iv) release or roconvey. or cause to be released or feconveyed at any bme at
<br />Benelreiary's option any parcel or all of the Property. (v) take or release any other or additional security for any obligation herein mentioned NO
<br />make settlements or other arrangements wdh Trustor m relation thereto All Trustors shall be jointly and severally obligated and bound by the
<br />actions of Inn Beneficiary of any one or more Trustor as stated in this paragraph
<br />is ATTORNEY FEES, COSTS AND EXPENSES. The Beneficiary of this Trust Deed is ertdled to the payment tit attorney s fens i.wors aril
<br />expenses as provided in this Trust Deed. except as otherwise prohibited by raw
<br />tg RECONVEVANCE BY TRUSTEE. Upon written request of Hene!iciary and upon payment by Tru',tsir of Trustee f. ferns Irustee. ,liall
<br />reconY[r ytn'trustor. orrne person uryetsuutjitryaf lybudilledihereto .wifhout.w tit, anIJ anyport:Ci o!''IVP .gip•.•'! ;!n,,..ec:utnu,n.,nrtm (Iai,t:il, •1
<br />such rCebnveyance of any matters of facto; shall bo conclusive proof of the trulhru!nEr�s Ihurr•or The ilianteo m ,iny Ter u,ivrv.n+'i v — •iy i-t
<br />descnhed tits rho I:nr(ir:n or pnrsuns tvgatly Untd10t1 lhr_retiY
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