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<br />89- 104888
<br />to. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance Of if any
<br />indebtedness at obligations secured hereby and toexercise all rights and powers undwthis Trust Geed or under any otheragrneirlentexemilled
<br />in connection herewith or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and cbliggtrons secured'
<br />hereby may now or hereafter be.olherwise secured. whether by mortgage. trust deed. pledge, lien, assignment er otherwise. Neither the
<br />acceptance at this Trust Deed nor its enforce 'rr?nt whether by court action or pursuant to the power of safe or other powers herein contained, snall
<br />prejudice or in any manner affect Trustee's±.r. Wei icfary's right to realize upon or enforce any other security now or hereafter held by Trustee or
<br />Beneficiary, it being agreeathatTrustee and b*p8ticiary, and each of them, shall be entitled toentarce thisTrust 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 absoiufy discretion determine. NO
<br />remedyhereih conserred upon o► reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by taw provided or
<br />permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder at now at hereafter existing at taw or in
<br />equity or by statute. Every power or remedy provided under this Trust Deed to Trustee or Beneficiary or to which either of them may Ste otherwise
<br />entitled, maybe exercised. concurrently or independently, from time to lime and as often as may be deemed expedient by Trustiteor 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 Trustor 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. fherairi'i sold, transferred or otherwise
<br />conveyed by Trustor without Beneficiary's prior written consent, excluding (a) the creation of a lien neenrigpbrance subordinate to this Trust
<br />Deed. (b) a transfer by operation of taw upon the death of a Trustor who is a joint tenant cr (c) the grant ol-04ledfief7otdinterest of three (3)years or
<br />less which does not contain an option to purchase. such action is a breach of this agreement, and•64offiiie4may. at Beneficiary's option,
<br />decibrir3ltthe sums secured bythis trust Deed to be f mmediately due and payable, provided. turtller.this Trustldaeaf may, at Beneficiary's option,
<br />bedlitcf aced immediately due and payable, of (1) Trustor is a partnership and any interest in the partnership is fi afd.or assigned by any means
<br />whatsoever, or (2) ff the Trustor is a corporation and a transfer of the majority stack ownership interest in the corporation occurs, or the Trustor
<br />corporation merges in any form with another corporation or entity. Beneficiary shall have waived such option to accelerate it, prior lathe sale,
<br />transferor conveyance, Beneficiary and the person to whom the Property is 1* be sold ar tfansferredrsach agreement in writing that the credit of
<br />such person is satisfatiory to Beneficiary and that the interest payable on the sums secured bythisTrust Deed shalt be at such rate as Beneficiary
<br />shall request.
<br />12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure bytheTrustor to make any payment ortopertormanyofthetermsand
<br />conditions of this Trust Deed, ortheterms and ronditionsotthe Note. or any renewals. mccfficatibnoorextensions thereof, or the failure tomake
<br />paymentof any other indebtedness, prior or subsequent to this Trust Deed. and secured by this prooettlr. or the death of one or more Trustors shall
<br />tie at b+teach and default of this Toint Deed and the Beneficiary may declare a default arid. may daclu -a all sums secured hereby immediately dt.:e
<br />artw;tajrable and the same shalviereupon become dueard payable without presentmtlrit, rt4marrd. protestor not o'90a:ny kind, prowded. Tru slt;r
<br />shmi'' ,ave any statutory right to cure the default before any notice of default and darrjp� t- ffir salmi may be delivered to the Trustee Thereafter,
<br />Beneficiary may deliver to Trustee +a written du�fdarat+on of default and demand for sate."Trustor acrees.and hereby grants that this Trustee shall
<br />havethepowerofsaleoflhe Properly a:'ld:fE rieffcfarydecidestheFioperry ,stuhesolddshalldepost ^;frith Trustee this Trust De SandtheNote
<br />ornotesacrdany other documen7 ,*4.-,.Idt r.ctrtg, xpend+ turessecuredhereby. ant ishaftdeliverto7rus^ eoawrittennoticeofdefaultarrdetecttonto
<br />cause the property to be sold, and; T'.s ristee, in turn, shall prepare a similar notice in !tie (arm required by law. which shall be duly filed for record by
<br />Trustee
<br />la) After the lapseof suchtime as'maV be—quired by law folluiving"bo recordation of Notice ofDelault, and Notice of Default and Notice
<br />of Sate having been given as regd7attd•by law Tnlstee. wdnoul demand on Trustor, shah se't•. n Property, if not redeemed, in one or
<br />more parcels and in such order.4,:F: Triistee may determine an sin date and the time and place- i4esignatedin said Notice of Sale, at
<br />public auction accardtng_t? :cv
<br />(bj When Trustee sellsputtsuipittothepowersharerri,. Trustueshallapplytheproceedsofthesal etopayma .^t!t ; tthecostsandexpenses
<br />of exercising the powee of sale and of the sale, inrludiltq „wilhout ism station, attorney's fees and the payment of Trustee's Fees
<br />incurred, which Trustees Fees shall n»l in Ilia aggregato anailed the following amounts based upon the amount secured hereby and
<br />remaining unpaid otthetime schedulaA for sale. 5 porcenfumba the balance thereof, and then lathe items in subparagraph (c) in the
<br />order there stated
<br />(c) After paying the items tills b,fied in subparagraph.fb ) i.if the sale is by Trustee; st 0.lie sale is pursuant to judicial foreclosure, the
<br />proceeds of. sale shalt Ile .zppr, pd: jit the. fotlowfnq ardor
<br />(1) Cost of any evidence cl title pn; Pitt «d in connevion with suci} sale and of any revem.,r a.t;*r:..,sfer fee required to be paid,
<br />(21 All obligations secured by this Trust Deed.
<br />(3) Junior trust deeds. mortgages, or other liartiti;ldi5rs,
<br />(4) The remainder, it any, to the porton legally entitled thereto
<br />13 APPOINTMENT OF SUCCESSOR TRUI -` .6E. Beneficiary may, from lime tobme, by a oir,ttr: ;nsirument executed and acknowledged by
<br />Beneficiary, mailed to Trustor and recorded;ri the county or counties in which the Property is) rc;aled and by otherwise Complying with the
<br />provisions of theapplicable IaWS of the State of Nebraska substitute a successor orsuccessors to ul,s,Trustee named herein or acting hereunder
<br />14. INSPECTIONS. Be- e!:c +,lf, ; r r its agents, representatives or employees, areauthorrred to er;io at any reasonable time upon or in any pa.1
<br />of the Property for the,p�rp cse ot'insaecting Wa,same and for the purpose of performing any of the art ,.i it is authorized to perfc rrr. ur der the terms
<br />of'the Trust Deed
<br />15. OPTION TO FORECLOSURE. Upon the occurrence of any breach and upon the declaration of default hereund ^% Beneficiary shall havethe
<br />option to foreclose this Trust Deed in the manner previd(ld by law for the torectosure of mortgages on real properly.
<br />16. FORESEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any foreboarance by Beneficiary orTrustee in exercising any fight fir
<br />remedy hereunder. or otherwise afforded by applicable law. shall not be a waiver ofor preclude tl• e exercise of any such right or remedy Likewise.
<br />the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed shat! not be deemed to be a waiver of any other or simiiar
<br />defaults subsequently occurring.
<br />17 BENEFIC/ARY'S POWERS. Without affecting or releasing the liabrtity 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 />timetatime and withoutnotine at the requeslof one at moteTiustars. l4 release any person liable. lit) extend or renew the maturity or alter any of
<br />the terms of snip such obligations. fill) grant other indulgences, liv) release or reconvey, or cause to be released or reconveyed at any time at
<br />Rwnwtrriary a nntin» any nareal nr Ali of ihn Prnnarty, (v) lake nr telangP arty rrthar ar additional security fat any obligation herein mentioned. lvri
<br />make settlements or other arrangements with Trustor in relation thereto All Trustors shall be lointiy and severally obligated anti bound by the
<br />actions ut the Beneficiary or any one or more Trustor as statod in this paragraph
<br />IS ATTORNEY FEES. COSTS AND EXPENSES. The Beneficiary of this Trust Ueed is entilletf to the payment el attorney s fees r osts and
<br />expenses as provided in this Trust Deed. except as otherwise prohibited by law
<br />13. RECONVEYANCE OY TRUSTEE. Upon written request u ( fie rier , c + r and t:p� uaJ t
<br />t bit tii r o T . ,-;i(_ ° Cos. , A
<br />recrrivetlfuTruslot or Ill a person tit pet suits loyalty Chliftedthelet- 3.vw:tttu lit V; it! ra fit I ffnt<<u�C: urn,, ttnelTtUjertyfttcr ,r.e4lhrfrctunrter ttr: I,titi ,
<br />Sut.fi fetbfivt7yrinca lit arty rilatiot^. of facts >tirytt be (.encloses ptrot fit inn r thtutnt t,C, tot ?►cot The grantoe inane rest: -vevancu -:av, : +'
<br />daricritted a9 fna pntson tin pnrsunty Ittyally Crihlted Itler @tie
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<br />1
<br />89- 104888
<br />to. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance Of if any
<br />indebtedness at obligations secured hereby and toexercise all rights and powers undwthis Trust Geed or under any otheragrneirlentexemilled
<br />in connection herewith or any laws now or hereafter in force, notwithstanding some or all of the such indebtedness and cbliggtrons secured'
<br />hereby may now or hereafter be.olherwise secured. whether by mortgage. trust deed. pledge, lien, assignment er otherwise. Neither the
<br />acceptance at this Trust Deed nor its enforce 'rr?nt whether by court action or pursuant to the power of safe or other powers herein contained, snall
<br />prejudice or in any manner affect Trustee's±.r. Wei icfary's right to realize upon or enforce any other security now or hereafter held by Trustee or
<br />Beneficiary, it being agreeathatTrustee and b*p8ticiary, and each of them, shall be entitled toentarce thisTrust 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 absoiufy discretion determine. NO
<br />remedyhereih conserred upon o► reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by taw provided or
<br />permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder at now at hereafter existing at taw or in
<br />equity or by statute. Every power or remedy provided under this Trust Deed to Trustee or Beneficiary or to which either of them may Ste otherwise
<br />entitled, maybe exercised. concurrently or independently, from time to lime and as often as may be deemed expedient by Trustiteor 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 Trustor 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. fherairi'i sold, transferred or otherwise
<br />conveyed by Trustor without Beneficiary's prior written consent, excluding (a) the creation of a lien neenrigpbrance subordinate to this Trust
<br />Deed. (b) a transfer by operation of taw upon the death of a Trustor who is a joint tenant cr (c) the grant ol-04ledfief7otdinterest of three (3)years or
<br />less which does not contain an option to purchase. such action is a breach of this agreement, and•64offiiie4may. at Beneficiary's option,
<br />decibrir3ltthe sums secured bythis trust Deed to be f mmediately due and payable, provided. turtller.this Trustldaeaf may, at Beneficiary's option,
<br />bedlitcf aced immediately due and payable, of (1) Trustor is a partnership and any interest in the partnership is fi afd.or assigned by any means
<br />whatsoever, or (2) ff the Trustor is a corporation and a transfer of the majority stack ownership interest in the corporation occurs, or the Trustor
<br />corporation merges in any form with another corporation or entity. Beneficiary shall have waived such option to accelerate it, prior lathe sale,
<br />transferor conveyance, Beneficiary and the person to whom the Property is 1* be sold ar tfansferredrsach agreement in writing that the credit of
<br />such person is satisfatiory to Beneficiary and that the interest payable on the sums secured bythisTrust Deed shalt be at such rate as Beneficiary
<br />shall request.
<br />12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure bytheTrustor to make any payment ortopertormanyofthetermsand
<br />conditions of this Trust Deed, ortheterms and ronditionsotthe Note. or any renewals. mccfficatibnoorextensions thereof, or the failure tomake
<br />paymentof any other indebtedness, prior or subsequent to this Trust Deed. and secured by this prooettlr. or the death of one or more Trustors shall
<br />tie at b+teach and default of this Toint Deed and the Beneficiary may declare a default arid. may daclu -a all sums secured hereby immediately dt.:e
<br />artw;tajrable and the same shalviereupon become dueard payable without presentmtlrit, rt4marrd. protestor not o'90a:ny kind, prowded. Tru slt;r
<br />shmi'' ,ave any statutory right to cure the default before any notice of default and darrjp� t- ffir salmi may be delivered to the Trustee Thereafter,
<br />Beneficiary may deliver to Trustee +a written du�fdarat+on of default and demand for sate."Trustor acrees.and hereby grants that this Trustee shall
<br />havethepowerofsaleoflhe Properly a:'ld:fE rieffcfarydecidestheFioperry ,stuhesolddshalldepost ^;frith Trustee this Trust De SandtheNote
<br />ornotesacrdany other documen7 ,*4.-,.Idt r.ctrtg, xpend+ turessecuredhereby. ant ishaftdeliverto7rus^ eoawrittennoticeofdefaultarrdetecttonto
<br />cause the property to be sold, and; T'.s ristee, in turn, shall prepare a similar notice in !tie (arm required by law. which shall be duly filed for record by
<br />Trustee
<br />la) After the lapseof suchtime as'maV be—quired by law folluiving"bo recordation of Notice ofDelault, and Notice of Default and Notice
<br />of Sate having been given as regd7attd•by law Tnlstee. wdnoul demand on Trustor, shah se't•. n Property, if not redeemed, in one or
<br />more parcels and in such order.4,:F: Triistee may determine an sin date and the time and place- i4esignatedin said Notice of Sale, at
<br />public auction accardtng_t? :cv
<br />(bj When Trustee sellsputtsuipittothepowersharerri,. Trustueshallapplytheproceedsofthesal etopayma .^t!t ; tthecostsandexpenses
<br />of exercising the powee of sale and of the sale, inrludiltq „wilhout ism station, attorney's fees and the payment of Trustee's Fees
<br />incurred, which Trustees Fees shall n»l in Ilia aggregato anailed the following amounts based upon the amount secured hereby and
<br />remaining unpaid otthetime schedulaA for sale. 5 porcenfumba the balance thereof, and then lathe items in subparagraph (c) in the
<br />order there stated
<br />(c) After paying the items tills b,fied in subparagraph.fb ) i.if the sale is by Trustee; st 0.lie sale is pursuant to judicial foreclosure, the
<br />proceeds of. sale shalt Ile .zppr, pd: jit the. fotlowfnq ardor
<br />(1) Cost of any evidence cl title pn; Pitt «d in connevion with suci} sale and of any revem.,r a.t;*r:..,sfer fee required to be paid,
<br />(21 All obligations secured by this Trust Deed.
<br />(3) Junior trust deeds. mortgages, or other liartiti;ldi5rs,
<br />(4) The remainder, it any, to the porton legally entitled thereto
<br />13 APPOINTMENT OF SUCCESSOR TRUI -` .6E. Beneficiary may, from lime tobme, by a oir,ttr: ;nsirument executed and acknowledged by
<br />Beneficiary, mailed to Trustor and recorded;ri the county or counties in which the Property is) rc;aled and by otherwise Complying with the
<br />provisions of theapplicable IaWS of the State of Nebraska substitute a successor orsuccessors to ul,s,Trustee named herein or acting hereunder
<br />14. INSPECTIONS. Be- e!:c +,lf, ; r r its agents, representatives or employees, areauthorrred to er;io at any reasonable time upon or in any pa.1
<br />of the Property for the,p�rp cse ot'insaecting Wa,same and for the purpose of performing any of the art ,.i it is authorized to perfc rrr. ur der the terms
<br />of'the Trust Deed
<br />15. OPTION TO FORECLOSURE. Upon the occurrence of any breach and upon the declaration of default hereund ^% Beneficiary shall havethe
<br />option to foreclose this Trust Deed in the manner previd(ld by law for the torectosure of mortgages on real properly.
<br />16. FORESEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any foreboarance by Beneficiary orTrustee in exercising any fight fir
<br />remedy hereunder. or otherwise afforded by applicable law. shall not be a waiver ofor preclude tl• e exercise of any such right or remedy Likewise.
<br />the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed shat! not be deemed to be a waiver of any other or simiiar
<br />defaults subsequently occurring.
<br />17 BENEFIC/ARY'S POWERS. Without affecting or releasing the liabrtity 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 />timetatime and withoutnotine at the requeslof one at moteTiustars. l4 release any person liable. lit) extend or renew the maturity or alter any of
<br />the terms of snip such obligations. fill) grant other indulgences, liv) release or reconvey, or cause to be released or reconveyed at any time at
<br />Rwnwtrriary a nntin» any nareal nr Ali of ihn Prnnarty, (v) lake nr telangP arty rrthar ar additional security fat any obligation herein mentioned. lvri
<br />make settlements or other arrangements with Trustor in relation thereto All Trustors shall be lointiy and severally obligated anti bound by the
<br />actions ut the Beneficiary or any one or more Trustor as statod in this paragraph
<br />IS ATTORNEY FEES. COSTS AND EXPENSES. The Beneficiary of this Trust Ueed is entilletf to the payment el attorney s fees r osts and
<br />expenses as provided in this Trust Deed. except as otherwise prohibited by law
<br />13. RECONVEYANCE OY TRUSTEE. Upon written request u ( fie rier , c + r and t:p� uaJ t
<br />t bit tii r o T . ,-;i(_ ° Cos. , A
<br />recrrivetlfuTruslot or Ill a person tit pet suits loyalty Chliftedthelet- 3.vw:tttu lit V; it! ra fit I ffnt<<u�C: urn,, ttnelTtUjertyfttcr ,r.e4lhrfrctunrter ttr: I,titi ,
<br />Sut.fi fetbfivt7yrinca lit arty rilatiot^. of facts >tirytt be (.encloses ptrot fit inn r thtutnt t,C, tot ?►cot The grantoe inane rest: -vevancu -:av, : +'
<br />daricritted a9 fna pntson tin pnrsunty Ittyally Crihlted Itler @tie
<br />Af
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