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� �. . DEED OF TRUST 2 p 12 0 0 6'7 G
<br />Loan No: 10124880�1 (Continued) Page 4
<br />(a) Upon receipt of such notice from Lender, Trustee shell cause to be recorded, published and delivered
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br />Trustee shall, without demend on Trustor, after such time es may then be required by law and after
<br />recordation of such Notice of Defeult and after Notice of Sale having been given as requ(red by law, sell
<br />the Property at the time and place of sale fixed by it in auch Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items es Trustee ahall deem expedient, end in such order as it may determine,
<br />et public auction to the highest bidder for cash in lawful money of the United States payable et the time
<br />of sale. Trustee shall deliver to such purcheser or purchasera thereof its good and sufficient deed or
<br />deeds conveying the property so aold, but without any covenant or warrenty, express or impl(ed. The
<br />recitals in such deed of any matters or facts shall be concluaive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, mey purchase at such sale.
<br />(b) As mey be permitted by law, efter deducting ell costs, fees and expenses of Truatee and of this
<br />Trust, including costs of evidence of title in connection with sele, Trustee shall epply the proceeds of sele
<br />to payment of U) all sums expended under the terms of this Deed of Trust or under the terms of the
<br />Credit Agreement not then repeid, including but not limited to eccrued interest and late charges, (ii) all
<br />other sums then secured hereby, and (iii) the remainder, if eny, 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 Exclusive. Trustee end Lender, end each of them, shall be entitled to enforce payment and
<br />performence of any indebtedness or obligetions secured by this Deed of Trust and to exercise ell righta and powers
<br />under this Deed of Trust, under the Credit Agreement, under any of the Related Documents, or under eny other
<br />agreement or any laws now or hereafter in force; notwithstanding, some or ell of such indebtednesa 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, essignment 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, ahall
<br />prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or
<br />hereafter held by Trustee or Lender, it being agreed thet Trustee and Lender, and each of them, shall be entitled to
<br />enfarce 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 efther 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 cumulative and shall be in addition to every other remedy given in this
<br />Deed of Trust or now or hereafter existing at lew or in equity or by statute. Every power or remedy given by the
<br />Credit Agreement or any of the Related Documents to Trustee or Lender or to which either of them may be
<br />otherwise entitled, may be exercised, concurrently or independently, from tfine to time end as often as may be
<br />deemed expedient by Trustee or Lender, and either of them mey pursue inconsistent remedies. Nothing fn this
<br />Deed of Trust shall be construed es prohibiting Lender from seeking e deficiency judgment against the Trustor to
<br />the extent such action is permitted by law.
<br />Electton af Remedies. All of Lender's rights and remedies will be cumuletive end mey be exercised elone 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 />end to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requeats that e copy of any Notice of Default
<br />and a copy of any Notice of Sele under this Deed of Trust be mailed to them at the eddresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or act(on to enforce eny of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may edjudge reasonable as attorneys' fees at trial
<br />and upon any appeal. Whether or not eny court action is involved, and to the extent not prohibited by lew, all
<br />reasonable expenses Lender incurs thet in Lender's opinion are necessary et any time for the protection of its
<br />interest or the enforcement of its rights ahall become e pert of the Indebtedness payable on demend 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 limitatfon, however subject to any limits under appUcable lew, Lender's attorneys' fees
<br />and Lender's legal expenses, whether or not there is e lawsu(t, fncluding ettorneys' fees end expenses for
<br />bankruptcy proceedings Uncluding efforts to modify or vacate any autometic atay or injunction), eppeals, and any
<br />enticipated post-judgment collection services, the cost of aeerching records, obtaining title reports (including
<br />foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent
<br />permitted by applicable law. Trustor also wfll pay any court costs, in addition to all other sums provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscelleneous provisions are a pert of this Deed of Trust:
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal lew, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust has been eccepted by Lender in the State of Nebreska.
<br />Chofce of Venue. If there is e lewsuit, Trustor egreea upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebreska.
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