|
201200607
<br /> DEED OF TRUST
<br /> Loan No: 872058449 (COfltillued) Page 5
<br /> separate lots or parcels or items as Trustee shall deem expedient,and in such order as it may determine,
<br /> at public auction m the highest bidder for cash in lawful money of the United States payabie at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficie:nt deed or
<br /> deeds conveying the property so sold, but without any covenant or warranty,express or implied. The
<br /> � recitals in such deed of any matters or facts shall be condusive proof of the truthfulness thereof. Any
<br /> person,including without limitation Trustor,Trustee,or Lender,may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust,including costs of evidence of title in connection with sale,Trustee shall apply the proceeds of sale
<br /> to payment of �i) all sums expe�ded under the terms of this Deed of Trust or under the terms of the
<br /> Cred�it Agreement not then repaid, induding but not limited to accrued interest and late charges, (ii) all
<br /> other sums�then secured�hereby,and Iiii)the remainder,if any,to the person or persons legally entitled
<br /> thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not Erclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br /> under this Deed of Trust, under the Credit Agreement, under any of the Related Documents, or under any other
<br /> agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and
<br /> obligations secured by this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,deed
<br /> of trust,pledge, lien,assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br /> whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall
<br /> p�ejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or
<br /> hereafter held hy Trustee or Lender,it being agreed that Trustee and Lender,and each of them,shall be entitled to
<br /> enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and
<br /> manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or
<br /> reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law
<br /> provided or permitted, but each shall be camulative and shall be in.addition to every other remedy given in this
<br /> Deed of Trust or now or hereafYer existing at law or in equity or by statute. Every power or remedy given by the
<br /> Gredit Agreement or any of the Related Documents to Trustee or Lender or to which either of them may 6e
<br /> otherwise entitled, may 6e exercised, concurrently ar independently, from time m time and as often as may be
<br /> deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this
<br /> Deed of Trust shall be construed as prohiBiting Lender from seeking a deficiency judgment against the Trustor to
<br /> the extent such action is permitted by law. �
<br /> Election of Remedies. All of LendePs rights and remedies will be cumulavve and may be exercised alone or
<br /> together. If Lender decides to spend money or to perform any of Trustor's obligations under this�Deed of Trust,
<br /> after Trustor's failure to do so,that decision by Lender will not affect Lender's right to declare-Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Default .
<br /> and.a copy of any Notice of Sale under this Deed of Trust 6e mailed to them at the addresses set forth in the fiirst
<br /> paragraph of this Deed of Trust.
<br /> Attorneys° Fees; 6cpenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> . Trust,Lender shall be entitled to recover such sum as the court may adjudge reasonabfe as attorneys'fees at trial
<br /> and upon any appeal: Whether or not any court action is involved, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> inierest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this
<br /> paragraph include,without limitation,however subject to any limits under applicable law,Lender's attorneys'fees
<br /> and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
<br /> bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),appeals,and any
<br /> anticipated post-judgmeM collection services, the cost of searching records, obtaining title reports (i.ncluding
<br /> foreclosure reports},surveyors'reports, and.appraisal fees,title insurance,and fees fior the Trustee,to the extent
<br /> permitted by applicable law. Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. �
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust: �
<br /> � Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power io
<br /> take the foilowing actions wiih respect m the Property upon the writ6en request of Lender and Trusior. [a)join in
<br /> � preparing and filing a map or plai of the Real Property, induding the dedication of streets or other rights to the
<br /> pu6lic; (b) join in granting any easement or creating any restriction on the Real Property; and (c) joir in any
<br /> subordination or other agreement affecting this Qeed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall.meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above,with respect to all or any part of the P�operty,the Trustee shall have the right to
<br /> foreclose by notice and s81e,and Lender will have the right to foreclose by judicial forecbsure, in either case in
<br /> accordance with and to ihe full extent provided by applicable law.
<br /> Successor Trustee. Lender,ai Lender's option,may from time to time appoint a successor Trustee to any Trustee .
<br /> appointed under this Deed of Trust by an instrument executed.and acknowledged by Lender and reco�ded i�n the
<br /> office of the recorder of HALL County, State ofi Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trusto�, the book and page (or �
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee,and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successo�s in interest. The successor trustee,wiihoui conveyance of the Property,shall sacceed to alt the
<br /> . titie,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trusi,including without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shall be effective whe�actually delivered, when acwally received
<br /> by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if
<br /> mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foredosure from the holder of .
<br /> any lien whicB has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of
<br /> tfiis Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written notice to the other person or persons, specifying that the purpose of the notice is io change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lender informed at al�l times of Trustor's current address. Unless
<br /> otherwise provided or required by law, if there is more than one Trustor,.any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />
|