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<br />89-- 104739
<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 executed
<br />in connection herewith or any laws now or hereafter in force, notwithstanding some or all 01 the such indebtedness and obligation, 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, small
<br />prejudice Orin any manner affectTrustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or
<br />Beneficiary, it being agreed that Trustee and Beneficiary, and eachof 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 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 />` 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 />l equityorbyst atute. Every powerorremedyprovidedunderthisTrustDeedtoTrusteeorBeneficiaryoftowhicheitherofthemmaybeotherwise
<br />entitled, may be exercised, concurrently or independently, irem time to time and as often as may be deemed expedient by Trustee or 8eneficlafy
<br />and either of them may pursue inconsistent remedies. Nothing herein shall be construed as prohhiting Beneficiary from seeking a deficiency
<br />f judgment against the Trustor to the extent such action is permitted by faw_
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<br />11. TRANSFER OF THE PROPERTY; ASSUMPTION. It all or any p t of the Property or interest, therein is sold, transferred or otherwise
<br />conveyed by Trustor without Beneficiary's prior written consent. excludirig (a) the creation of a lied :oi encumbrance subordinate to this Trust
<br />Decd, (b) at.4nsfdr byopsration of tarp upon the death of aTrustor +uhu:Ma joint tenant or jc) tho grarit.df any leasehold interest of three (3) yours or
<br />less which does not contain an option to purchase, such action is a. tireach of this, agreement. and Beneficiary may, at Beneficiary's option,
<br />declare all the sums secured by this Trust Deadtobe immediately due and Payable. provided, further.this Trust Deed may, at Beneficiary's option.
<br />be declaretf Immediately due and payable, :1(1) Trustor is a partners ?tip 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 Tru�ci,~`' ?'
<br />corporation merges in any form with another corporation or entity. 8enaticiary shall have waived such option to accelerate it, prior to 010. 1444
<br />transfer or conveyance, Beneficiary and the person to whom the Prcpsrty is to.be sold or transferred reach agreement in writing that the credit of
<br />such person issabdfactory to Beneficiary and that the interest payable arNhe sums secured by this Trust Deed shall beat such rate as Beneficiary
<br />shall request.
<br />12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure by the Trustor. to make any payment orto perform any of the terms and
<br />conditions of this Trust Deed, or the terms and condition,; of the Note, or any renewals, modifications or extensions thereof, orthe failure to make
<br />payment of any other indebtedness, prior or subsequent to this Trust Deed, and secured by this property, o►the dowlt of one or more Trustors shall
<br />be a breach and default of this Trust Deed a ,rdthe Beneficiary may dee.are a default and may dectava ; :A sums secured hereby- immediately due
<br />and payable and the same shall thereupon become due and payable wt!?jut presentment, demand, Vrotest or notice of any kind, provided. Trustor
<br />shall have any statutory right to cure the default before any notice of default and demand for sale 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 that the Trustee shall
<br />have the power of sateof trig Prrvperty and if Beneficiary decides the Property is to be sold it shall deposit with Trustee this Trust Deed and the Note
<br />or notes and an!f chi? :sr: a:iy:' drtts evidendk, 9 expenditures secured hereby, and shall deliver to Trustee a written notice of default and election to
<br />Cause the proper,y.I�cbe sold, and Trustee.ni rWrn, shall prepare a similar notice in the form required by law, which shall be duly fifed for record by
<br />Trustee.
<br />(a) After the lapse of such time as maybe required, t y law following the recordation of Notice of Default, and Notice of Default and Notice
<br />of Sale having been given as required bylaw. g,. :rtes. without demand on Trustor, shall sell the Property, if not redeemed, in one or
<br />more parcels and in such order a;; Trustee rnaf j.Iefermino on the date and the time and place designated in said Notice of Sate. at
<br />pubis : .auction according to law.
<br />(b( li er rte; stoesellspursuanttothepowersherein, Trusteeshallapplytheproceedsofthesaletopaymentofthecostsandexpenses
<br />of exercising the power of safe and of the sale, including, without limitation, attorney's fees and the payment of Trustee's Fees
<br />incurred, which TrusWe's Fees shallnot fnthe aggregate exceed the following amounts based upon the amount secured hereby and
<br />rememi. -.9 unpaid atthetimescheduted for sale: 5 percentum ;.nthe balancothereof; and!hen to the items in subparagraph (e) inthe
<br />orderfiiets-) stated.
<br />�I Afterdayingthe items specified in subparagraph Ib), it the sale is by Trustee, or of the sale is pursuer -1.10 judicial foreclosure, the
<br />ieds of sale shall be applied in thry tiT +!Urvr Order
<br />:'i fi ;4.•. of any evidence of title pfir;.Ared in connection with s.,ch sale and of any revenue transfer fee required to pe paid.
<br />ribligations secured by thiq 17r,;st Deed;
<br />(3) . s °trot trust deeds, mortgage :� or other I!enholders:
<br />(4) The remainder, if any, to the person legally entitled thereto
<br />t -1 APPOINTMENT OF A=- JsSSOR TRUSTEE. Beneficiary may. from fitneto r me. by a written instrument executed and acknow:ed, sd by
<br />Beneficiary, mA.4.e.9 to Tr:rglix%and recorded rn the county or counties in which the Property is located and by otherwise complying with the
<br />provisionsof t1up1 56caC!ar + ;liivsof theSialer f Nebraskasubstitutea successor or successors to tho Trustee namodhereirt Aw at.tinghoreunder
<br />t #. iNSPECTiON& Benufiecary, or its agents, representatives or employees, are authorized to enter at any roa ;,onablo faro upon or in any part
<br />oflihaPropertyfor the purpavaof inspecting the same and for the purpose of performing any of the acts it is aulimrirr•:d'3yer'arm under tho forms
<br />of sbo Trust Deed,
<br />15 OPTIONTO FORECLOSURE. Upon the occurrence of any breach and upon the declaration of default hot eunder Senc,(; tiary shall have the
<br />option to forirctuse this Trust Deed in the manner provided by law for the foreclosure of mortgages on real property
<br />16. FOREBEARANCEOYSENEFICIARYORTRUSTEE NOT A WAIVER. Anytorebeatanceby Beneficiary or Trustee inexercismg,inyrryhtor
<br />remedy hereunder, orolherwiseaNaided byappl!cable law, sholinotbe a waiver of or preclude the exercise of any such right or remedy. Likewise.
<br />the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed shell not be doomed to be a waiver of any other or similar
<br />defaults subsequently occurring.
<br />17 NENEFICIARY'S POWERS. Without affecting or releasing the fiabdrty of the Trustor or any other person fable for the payment at any
<br />obligation herein mentioned, and without alfeCt+ng the lion or charge of this Trust Deed upon any portion of the Property. Beneficiary pray. from
<br />time to time and without notice at the request of one or (note Trustors. (i) release any person liable, (,it extend or trinew the maturity or alter any of
<br />the [arms of any such obligations. (oil grant other indulgences. pv) release or reconvey. of cause to be released or reconveyed at any time al
<br />B(rrtel :Gary option any parcel or all of tho Property. (v) fake or release any other or additional security for any obligation herein mentioned (v•1
<br />make seltfements or other arrangements with Trustor in relation thereto Ali Teustars shalt tie jointly and severally obligated and hound t)y tho
<br />actions of the Beneficiary or anyone or more Trustor as stated in INS, paragraph
<br />10 ATTORNEY FEES. COSTS AND EXPENSES. Thu Beneficiary of Ini"4 Trust Deed is Milled to the payrnert of attorney s fees c •its aril
<br />expenses as provided in this Trust bead except its otherwise probit!ited by law
<br />19 RECONYEYANCE dY TRUSTEE. upon wntten rdquum of tionefic+ary and upur} pavir-ert by Trustor ct Trustee s, Ives
<br />re :URiJoltla Trt:zt ir.4rlf!F!;SCr :UbGf�ior,; Unlit ©(j :ill,tF. tit+ lfL' dt? torUtt). wQhC1+ rIW�Nan1 /.ant;[:rn�nafftn!P :upC+ttithC`n t,C!'�r.c'rt' „r,. :dr +it•:.t., •..n
<br />t: iatLDn :cyan €e 0 aliv tnalfrif!i of laf,15 5tia' -, bu COALlti6 +s°e Lifoof of Me Ifutrilu!'yCS�i rhtffu(It %`• §- rt *J+ *tr?l: ,�,:y rr•�.ti +•vt•�,i,•� e• •'• :t� C''`
<br />r :eSC+beJ its the zrrrson cu pC19Crn5lagalty omitkrd NittfolU
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