201100111
<br />Dolivery af written notice of Beneficiar�s exercise of the rights granted hcrein to any tenant occupying said
<br />premises shall be sufficient Co require said tenant to pay rent to the Beneficiary until fuxther notics.
<br />8. FUTURE ADVANCES. Upon request of Tnzstor, Beneficiary, at Seneficiary's option, prior to
<br />reconveyance of the Property ta Trustor, may make future advauces to Trustor. Such future advanc�s, with interest
<br />theceon, shall be securcd by this Trust Deed when evidenced by promissory notes stating that said notes are secured
<br />hereby; provided that at no time shall the secured principal and future advance, nvt including sums advanced to
<br />' protect the secuxity, exceed two hundred percent (200%) of the original principal amounts securad hereby.
<br />9. REIVXEDIES NOT EXCLUSIVE. Trustee aud Beneficiary, and each of them, shall be entitled to
<br />enforce payment and performance of any indebtedness or obligations secured hexeby and ta exercise all rights and
<br />pawers under this Trust Deed or under any other agreement executed in connection berewith or any laws now or
<br />hereafter in fqrce, notwithstanding some or all of such indebtedness and obligations secured hexeby which may now
<br />or hereafter be otlnerwise s�cured, whether by mortgage, trust deed, pledge, li�n, assignment, or otherwise. Neither
<br />the acceptance of this Trust Deed n.or its enforcement, whether by court action or puxsuant to the power of sate or
<br />other powers herein contained, sha[1 prejudice pr rw any manner affect'Trustee's or Beneficiary's right to realixc upon
<br />or enforce any other security naw or hereafter held by Z'rustee or Bene�ciary, it being agreed that Trustee and
<br />Bene�ciary, and each of them, sha11 be entitled to enforce, this Trust Deed and a�ay other security now or hereaftar
<br />held by Beneficiary or Trustee in such order and manner as they, or either o�them, may, in their absolute discretion,
<br />determine. No remedy he�rsein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of
<br />any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to
<br />every other remedy given hereuader or now or hereafter existing„ at taw or in equity, or by statute. Every power nr
<br />remedy pravided under this Trusk Deed to Trustee or Bene�ciary or .ta vvhich either of them may be otherwise
<br />entitled may be exercised, concurrently or independently, fronn time to time and as often as may be deem�ed
<br />expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. Notlung herein shall be
<br />construed as prahibiting Bene�ciary from seekiug a deficiency judgment against the Trustor, ta the extent such
<br />action is permitted by law.
<br />10. TRANSFER OF THE PROPERTY; ASSUMPTION. If aIl pr any part of the Property or
<br />interest thexein is sold, transferred, ox othexwise conveyed by Trustor without Beneficiary's priar written cansent,
<br />excluding (a) the Recapture Deed of Trust grax►ted to the Nebraska Investment Finance Authority; (b) the creation of
<br />a lien or encumbra�ce subardinate to this Trust Deed, (c) a trans�er by operation af law upon the deatla of a Trustor
<br />who is a joint tenant or (d) the grant of auy leasehold interest o� three (3) years or less which does not contain an
<br />option to purchase, such action is a breach of this agreenaent, and Beneficiary m�y, at Seneficiary's opt�on, declare
<br />all the sums secured by this Trust Deed to � immediately due and payable; provided, fw�ther, tlus Trust Deed xnay,
<br />at Beneficiary's option, be declared immediately due and payable. Beneficiary shall have waived such option to
<br />accclerate if, prior to the sale, transfer, or conveyance, Bene�ciary and the person w wham the Property is to be sold
<br />or transferred reach agreement in writing that the credit of such persnn is satisfacto:ry to Senefciary and that the
<br />inte;rest payable on the sums secured by this Trust Deed shall be at such rate as Beneficiaty shall request.
<br />11. ACCELERATIQN UPON DEFAUL7'; REMEDIES; SALE, The failure by the Trustor to
<br />make any payment or to pe:rform any of the terms and condirions of this Trust Deed, or the terms and eonditions of
<br />the Note, ar any renewals, modifications, or extensions thereof, or the failure co make payment of any other
<br />indebtedness, prior or subsequent to this Trust Deed, and secured by Chis property, or the death of one or mare
<br />Trustors, shall be a breaeh and default of this Tnrst Deed and the Beneficiary may declare a default and may declare
<br />all sums secured hereby immediately due and payable, and the same shall thereupon become due and payable
<br />without presenimant, demand, pratest or notice of any kind, provided Truator shall have any statutory right to cure
<br />the dcfault before any notice of default and demand for sale may be delivcred to thc Tnistee. Thereafter,
<br />Beneficiary may fleliver to Trustee a written declara,tion of default and dennand for sale. Trustor agrees and hereby
<br />grants tbat the Trustee shall have the power of salc of the Froperty and, if Beneficiary decides the Property is to be
<br />sold, it shall deposit with Trustee this Trust Dsed and the Note ar notes and any ather documents evidencing
<br />expenditures secured hereby and shall deiiver to Trustee a written notice of default and election to cause the
<br />property to be sold, and Trustee, in turn, shall prepare a similar notice in the fqrm required by Xaw, which shall be
<br />duly filed �'or record by Trustee.
<br />(a) After the lapse of such time as may be required by law following the recnrdation of Notice of
<br />Defa.ult, and Notice of I7efault a.nd Notice of Sale having been given as required by law, Trustee, withaut dcmand on
<br />Trustor, shall sell the Properry, if not redeemed, in one or more parcels and rm such order as Trustee may determine
<br />an the date and the time and place designated in said Notice of Sale, at public auctian, accarding to law.
<br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the pxnceeds of the sale to
<br />payment of the costs and expensea of exercising the power of sale and nf the sale, including, without limitation,
<br />attorneys' fees and the payment of Trustee's Fees incucred, which Trustee's Fees shall not, in the ag� exceed
<br />the following amaunts based upon tk�e amount secured hereby and remaining unpaid at the time scheduled for sale: 5
<br />percentum on the balance thereof and then to the items ua subparagraph (c), in the order therein stated.
<br />(c) After paying the items specified in subparagraph (b), if the sale is by Trustee, or if the sale is
<br />ptusuant to judxcial foreclosure, the procecds of sale shall be applied in the fallowing order;
<br />(1) cost of any evidence of title procured in connection with such sale and of any revenue
<br />transfer f�e required to be paid;
<br />(2) all obligations secured by this T�rust Deed;
<br />(3) junior tzust deeds, mortgages, or other lienholders;
<br />{t3zaaio.z}
<br />
|