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<br />to. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be entitled to enforce payment and performance of any
<br />indoblednessor obligations secured hereby andtoexercise all righle and powers under this Trust Deed or under any other agreementexecuted
<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, shall
<br />prejudice or In any manner affect Trustee's or Beneficiary's right to reallre upon or enforce any other security now or hereafter 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 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 />equity or by statute. Every power or remedy provided underthis Trust Deedlo Trusleeor Beneficiary or to which either of them may beothareiiss
<br />entitled, may be exercised, concurrently or independently, from time to time and as often as may be doomed expedient by Trustee or Seneficiary
<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 10 the extent such action is permitted by law.
<br />11. TRANSFER OF THE PROPUM. ASSUMPTHM -11 all or any pail of the Pioprrly or interest therein is sold, transferred or otherwise
<br />conveyed by Trustor without Beneficiary's fxwr erhtten consent, excluding la) the creation of a lien or encumbrance subordieale to this Trust
<br />Dead. Ibla transferby operation oflawuponthedeat hofaTr ustorwhoisapAttenanlor let the grantofany leasehold r ,nt irestolthree13lyearsa
<br />less which does not contain an option to purchase, such action is a breach of this agreement, and Beneficiary maiy. 41 11161110114414 Option.
<br />declare all IIW sums secured by this Trust Deed to tie immadial etydue and Payable Provided. further. this Trust Deed malt, at Beneficiary's Option.
<br />be declared immediately due and payable, if 11) Truslor is a partnership and any interest in the partnership is sold a ais ipned by any means
<br />whatsoever, or 121 it the Trustor is a corporation and a transfer of the majority stock ownership interest in the corporabclm ,:ccurs, or thel Truster
<br />corporation merges in any form with another corporation or entity. Benetic+arl► shall have waived such option to accelerate if, prior 10 Me sale.
<br />transfer or conveyance, Beneficiary and the person to whom the Progeny is to tie sold or transferred reach agreement in writing that the credit of
<br />such person is aelistsctoryto Beneficiary and thatthe interest payableon the sums secured by this Trust Deed shall be at such rate as Beneficiary
<br />shall request.
<br />12. ACCELERATION UPON DEFAULT; REMEDIES; SALE. The failure bythe Trustor• to make any payment or to perform any of the lorms and
<br />conditions of this Trust Deed, or the leans and conditions of the Note, or any ionswals, modifications or euterislons thereof. or the failure to make
<br />payment of any other indebtedness. prior or subsequent to this T rust Deed, and secured by this property, cr the dealhof 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 becomedue and payable without presentment. demand, protestor noticeo4 airy, kind, provided. Truslor
<br />shall have any statutory right to cure the default before any notice of default and demand for sale may be delivered to 1 ne Trustee. Thereafter,
<br />Beneficiary may deliver to Trustee a written declaration of default and dtrmasid for fiats. Trustor agroas and hereby gfor-!s that thw Trustee shall
<br />have the power of sale of the Property and if Beneficiary decides the property is to be sold It shall deposit with Trusleethxs Trust Deed andthe Note
<br />or notes and any other documents evidence ng expenditures secured hereby, and shall deliver to Trustee a written notice of delault andeioction to
<br />cause the properly to be sold, and Trustee, in turn, shall prepare a similar notice in the form required by +a*. which shall be duly filed tar oecord by
<br />Trustee.
<br />(e) After the lapse of such time as may be required by law 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 Properly, if 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
<br />public auction according to law.
<br />(b) When Trustee sells pursuant to the powers herein. Trustee shall apply the proceeds of the sale topaymentoftt,o costs and expenses
<br />of exercising the power of sale and of the sale. including, without limitation, attorney's fees and the payment of Trustees Fees
<br />Incurred, which Trustee's Fees shall not in the aggregate exceed the following amounts based upon the amount See lot!herebyand
<br />remaining unpaid at the time scheduled for sale: 5 percentum on the balance thereof: and then to the items in subparagraph jc) in the
<br />order there stated.
<br />(e) After paying the items specified in subparagraph lb), if the sale is by Trustee, or of the sale is pursuant to judicial foreclosure, the
<br />proceeds of sale shall be applied In the following order
<br />It, Cost of any evidence of title procured in connection with such Sale and of any revenue transfer fee required to be paid:
<br />12: All obligations secured by this Trust Deed.
<br />131 Junior trust deeds, mortgages. or other lienholders.
<br />(4) The remainder, if any, to the person legally entitled thereto.
<br />13. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and acknowledged by
<br />Beneficiary, mailed to Trustor and recorded in the county or counties in which the 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 />14. INSPECTIONS. Beneficiary, or its agents, representatives or employees, are authorized to enter at any reasonable time upon or in any part
<br />of the Property for the purpose of inspeclinU the same and for the purpose of performing any of the acts it is authorizedto perform under the terms
<br />of the Trust Deed.
<br />15. OPTION TO FORECLOSURE. Upor. the occur,encc• of any breach and upon the declaration of default hereunder. Beneficiary shall have the
<br />option it *oreclose this Trust Deed in 1 *.e manner provided by law for the foreclosure of mortgages on real property
<br />16. FORESEARANCE BY BENEFICIARY OR TRUSTEE NOTA WAIVER. Any torebearance by Beneticiary or Trustee in exercis r•;1 aay right or
<br />*emedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy Likewise.
<br />1he waiver by Bonefic +ary or Trustee of any default of Trustor under this Trust Deed s"ait not be deemed to be a waver of any other or similar
<br />defaults subsequently occurnng
<br />17 BENEFICIARY'S POWERS. W "- ^opt 4 "ecting or releasing the teavtotV of tre '•r..svor or ary crner person liable for the payment of any
<br />obligation re:•am men; +oned. and wifhcur a"ecting the lien or charge cV i, -ns Trust Deed upon any port::. of the Properly. Beneficiary may. from
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<br />I-- -Aaw any ninon liable. lia extend or renew the maturity or alter any of
<br />time to time ana without ineavu ul11.0, 04.... of viv : �r� • • - - -- • • the terms of any such (roil grant other indulgences- fivi reiE -ase or recenvel. or cause to be released or reconveyed at any time at
<br />Beneticoary's option any parcel or all of the Properly. Ivj take or release aril, other or aisditional security for any obligation herein mentioned. Ivi)
<br />make settlements or other arrangements with Trustor in relation thereto All Trustors shall be jointly and severally obligated and bound by the
<br />actions of the Beneficiary or any one or more Truster as stated in th,s p j,agraph
<br />i B ATTORNEY FEES. COSTS AND EXPENSES. The Beneficiary of this Trust Deed is entitled to the payment of attorney s fees. costs and
<br />expenses as provided in this Trust Deed, except as otherwise prohibited by law
<br />t9. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon payment by Trustor of Trustee s fees. Trustee shall
<br />reconvey Io Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then held hereunder. Rec itals in
<br />such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof The grantee in any reconveyance may be
<br />described as' the person or persons legally entitled thereto
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