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<br />88- 106960
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<br />, 0 REMEDIES NOT EXCLUSIVE. Trusloo and BoneflclBry, and oach ollhom, shnll bo onllllod 10 onloreD paymont and porlormBnco 01 any
<br />mdoblodnoss or obligalions st'curod huroby nnd to OllOrclso 011 rights and powors undor IhlS 1 rusl ODed or undor Bny Clllor Dgroemonl ollOculOd
<br />tn connection horowllh or any laws now or horeotlof In forca. notwithstanding somo or nU of tho such Indebtednoss and obllgolions 5ocurod
<br />heroby me'Y now or hOtooflor be olhurwiso secured, wholhor by mortgago. IrUB! deed. plodgo, lien. Dsslgnment or otherwlso. Neither lhe
<br />acceptance ollhls Trust Doad nor lis enlorcement whother by court nellon or pur~uont 10 Iho power 01 salo Of other powors harem conUllnod, 5TII:111
<br />projudlco or in any mannor alloct Trustee's or Booollciary's righllo realize upon Dr enlorce any other security now or herooller hold by Trustee or
<br />BoneliclOry, II being agreed thlll Truslee and Beneficiary, and oach ollhem, shall be entitled to enforce this Trust Deed and nny othor securlty now
<br />or hereallor held by Benelicmry or TrusleD In such order and manner as they or IHther 01 them may In Iheir abr.olute discrellon determine, No
<br />remedy herein conferred upon or reserved to TrusleD Dr BenlJliclnry IS Intended 10 bu elCclUSlve of any olhor remedy herein or by law provided or
<br />permitted, but each shall be cumulative and shall be In addition 10 every olher remedy gIven hereunder or now or hereafter ellisling at law or In
<br />oQuily or by slolute. Every power or remedy provided under IhlS Trusl Deed 10 Trustoe or BenaliciBry or to whIch elther allhern may be olherwlse
<br />enlilled. may be Ckercised, concurrently or Independently. from lime 10 time and as alien as may be deemed e.pedient by Trustee or Beneliclary
<br />and eilher ollhem may porsue inconsislenl remedies Nothing heroin shall be construed as prohlblllng BenelH~IBry horn seeking a dehclency
<br />judgment against lhe Trustor 10 Ihe exlenl such action IS permitted by law
<br />11. TRANSFER OF THE PROPERTY; ASSUMPTION, If all or any part 01 the Properly or Interes' lherem IS sold. Iransferred or otherWise
<br />conveyed by Trustor Without Beneliciary's prior wfll1en conson!, elCcludlng lal fhe creRllon 01 a lien or encumbrance subordinate 10 Ihls Trust
<br />Deed (bl a transfer by operation ollaw upon the death 01 a Trustor who IS a JOlntlenanl or (CI the grant of any leasehold mlerest olthree (31 years or
<br />less which does not contain an option 10 purchase, such action IS a breach 01 thIS agreemenl, and BenefiCiary may. al BenefiCiary's ophon,
<br />declare all the sums secured by Ihis Trust Deed 10 be Immedlatety due and payable, provided, lurther .Ihis Trusl Deed may, a1 BenefIciary's option.
<br />be doclared immediately due and payable, illl) Trustor is a partnership and any interest in lhe partnership IS sold or assIgned by any means
<br />whatsoever, or 12)llthe Trustor 15 a corporation and a transler 01 the malorlty Slock ownership interest i...the corporation occurs, or the Trustor
<br />corporation merges In any lorm with another corporation or entity. BenefiCiary shall have waived such optIon to accelerate If. pnor 10 the sale.
<br />Iransfer or conveyance, BenefiCiary and the person 10 whom the Property IS to be sold or transferred reach agreementln Wflllng thaI the credit of
<br />such persen is satlslactory to BenefiCIary and thaI the mlerest payable on the sums secured by thiS Trust Deed shall be at such rate as BenefiCIary
<br />shall request
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<br />12_ ACCELERATION UPON DEFAULT; REMEDIES; SALE. The lallure by the Trustor,to make any paymenl DT to perform any 01 the terms and
<br />conditions of this Trust Deed. or the terms and conditIons of lhe Nole, or any renewals. modIfications or elCtenslons thereof, or the failure 10 make
<br />payment 01 any other indebtedness. prior or subsequent to this Trust Deed, and secured by this properlY, or the death alone or more Trustors shall
<br />be a breach and delaull of this Trusl Deed and the Beneficiary may declare a default and may declare all sums secured hereby Immediately due
<br />and payable and the same shalllhereupon become due and payable without presenlmen!, demand, protest or notice 01 any kind. prOVIded. Trustor
<br />shall have any statutory righl to cure the delault belore any nolice 01 delault and demand for sale may be deli....ered 10 lhe Trustee Thereal1er
<br />Beneficiary may deliver to Trustee a wntten declaralion of default and demand for sale_ Trustor agrees and hereby grants lhat the Trustee shall
<br />have the power of sale of the Properly and if Beneficiary deCides the Property is to be sold It shall deposit with Trustee thIS Trust Deed and the NOle
<br />or noles and any other documents eVidencing elCpenditures secured hereby. and shall dehver t(' Trustee a written notice of delaull and electIon 10
<br />cause Ihe properly 10 be sold, and Truslee.1n turn, shall prepare a similar notice in the form reqUIred by law. which shall be duly filed for record by
<br />Trustee.
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<br />(al After the lapse olsuch lime as may be required by law follOWing Ihe recordation of Notice 01 D&faull, and Notice 01 Delault and Notice
<br />01 Sale having been given as required by law, Trustee, without demand on Trustor. shall sell the Properly. II nol redeemed. In one or
<br />more parcels and In such order as Trustee may determine on the date anc the time and place deSIgnated m saId NotIce of Sale. at
<br />public auction according 10 law
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<br />lbl When Trustee sells pursuanllo the powers herein, Truslee shall apply the proceeds of the sale 10 payment of lhe costs and ClI:penses
<br />01 elCerclSlng the power 01 sale and olthe sale, including. withoutl1mltatlon, allorney's fees and the payment 01 Trustee s Fees
<br />Incurred, which Trustee's Fees shall not in the aggregate elCceed the lollowing amounts based upon the amount secured hereby and
<br />remaining unpaid at the lime scheduled for sale: 5 percentum on the balance thereof: and then to the ilems In subparagraph (clIO the
<br />order there stated
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<br />(C} Aller paying the 11ems specllied In subparagraph lbl. ilthe sale IS by Trustee. or II 'he sale IS pursuanllO ludlclal foreclosure. the
<br />proceeds of sale shall be applied In the following order.
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<br />(11 Cost 01 any evidence 01 tllle procured In connecllOn With such sale and 01 any revenue transler lee reqUIred to be paId.
<br />(2) All obligations secured by thIS Trust Deed:
<br />131 Junior trust deeds, mortgages, or other lienholders;
<br />l4} The remainder, if any, to the person legally enHlIed thereto.
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<br />13. APPOINTMENT OF SUCCESSOR TRUSTEE, BenefiCiary may, from time to time. by a written Instrumenl executed and aCknowledged by
<br />Beneliclary, mailed to Truslor and recorded in the counly or counties in which the Properly IS located and by otherWIse complymg WIth lhe
<br />provisions 01 the applicable laws of the Slate of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder
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<br />14. INSPECTIONS. Beneficiary, or its agents, represenlatives or employees. are authonzed to enter at any reasonable lime upon or In any par'
<br />of the Property for the purpose olmspectlng the same and for lhe purpose of performmg any of the acts It IS authorized 10 perform under the lerms
<br />ollhe Trust Deed.
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<br />15. OPTION TO FORECLOSURE. Upon the occurrence of any breach and upon the declaration 01 default hereunder, BenefiCiary shall have the
<br />option to foreclose thiS Trust De&d in the manner proVided by law lor the loreclosure of mortgages on real property
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<br />, 6. FOREBEARANCE BY BENEFICIARY OR TRUSTEENO'T A WAIVER. Any lorebearance by Beneficiary or Trustee In elCerCISlng any tight or
<br />remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver 01 or preclude the elCercise 01 any such right or remedy_ LikeWise
<br />the walller by Beneficiary or Trustee 01 any dofaull 01 Truslor under Ihls Trusl Deed shall not be deemed to be a waiver of any other or SimIlar
<br />defaults subsequently occurring.
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<br />17. BENEFICIARY'S POWERS. WlIhoul BUectlng OJ Icleaslng the lIablllly 01 the Trustor or any olhor person liable lor the paymenl 01 any
<br />Obligation herein menlloned. and without affecting Ihe hen or charge 01 thIS Trust Deed upon any portion olthe Property. BenefIciary may. from
<br />tIme totime and without noUce at the requesl of one or more Trustors. (i} release any person liable, {ii} extend or renew the malurity or alter any of
<br />the terms of any such obligations, (iill granl 01 her Indulgences, (ivl rolease or reconvey, or cause 10 be released or reconveyed at any time at
<br />Beneflclary's option any parcel or all oltha PropertY,lvl take or release any olher or additional security for any obligallon herein mentioned, lV11
<br />make settlements or other arrangements with Truslor In rolation thereto. All Trustors shall be jOintly and severally obllgaled and bound by Ihe
<br />actions of the Beneficiary or anyone or more Trustor as slaled In IhlS, paragraph
<br />1 B. ATTORNEY FEES, COSTS AND EXPENSES, The BenefiCIary ollhls Trust Deed is entitled to the paymenl 01 atlornay 5 lees, costs and
<br />eltpenses as provided in this Trust Deed, elCcept as otherwise prohibited by law
<br />19. RECONVEYANCE BY TRUSTEE. Upon wnl10n requesl of BenellclBry and upon paymenl by TfuslUl of Trustee's tees, Tlustee shall
<br />reconvey 10 Truslor, or the person or personslegallv entitled lherolo, withoul warranly, any portion ollhe Properly then held heleundel Rm;lla(s III
<br />such reconveyance ot any maUers or lacts shall be conclUSIve proof ollhe lrulhfulness thereof The grantee In any leconveyance may tie
<br />descrrbed as "the person or pefsons legally enlilled thereto"
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