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201200929
<br /> ` DEED OF TRUST
<br /> Loan No: 872058431 (Con#Inued) Page 5
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver or specifically
<br /> � enforce any of the covenants hereof;and
<br /> (c) Deliver to Trustee a written dedaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to 6e sold,which notice Trustee shall cause to be
<br /> duly filed for record in the appropriate offices of the County in which the Property is located;and
<br /> {d) With respect to all or any part of the Personai Property,Lender shall have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code. �
<br /> foreclosure by Pawer of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained;
<br /> Lender shall notify TrusYee and shafl deposit with Trustee this Deed of Trust and the Credit Agreement and
<br /> � such receipts and evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shall cause to be recorded,published and delivered
<br /> to Trustor such Noti.ce of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br /> Trustee shall, without demand on Trustor, after such time as may then be��required by law and after
<br /> recordation of such Notice of�efault and after Notice of Sale having been given as required 6y Iaw,sell
<br /> the Property at the time and piace of sale fixed by it in such Notice of Sale, either as a whole, or in
<br /> - separate lots or parcels or items as Trustee shali deem expedieni,and in such order as it may determine,
<br /> at public auction to the highest bidder for cash in lawful money of the United States payable at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so soltl, but without any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br /> person,including without limitation Trustor,Trustee,or Lender,may purchase at such sale.
<br /> @) As may 6e permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br /> Trust,includ�ing cosis of evidence of title in connection with sale,Trustee shall apply the proceeds of sale
<br /> to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the
<br /> Credit Agreement not then repaid,including but not limited to accrued interest and late charges, (ii) all
<br /> other sums then secured hereby,and (iii)the remainder,if any,to the person or persons legafly entitled
<br /> thereto. � � �
<br /> (c) Frustee may in the manner provided by law postpone sale of all or any portion of The Property.
<br /> Remedies Not Exclusive. 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,oe under any other
<br /> agreement or any laws now or hereafter in force; notwi2hstanding, some or all of such indebtedness and
<br /> obiigations secured 6y this Deed of Trust may now or hereafter be otherwise secured,whe4her by mortgage,deed
<br /> of trusY,pledge,lien,assignrnent 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 /> 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 TrusYee or Lender,it being agreed that Trustee and Lender,artd each of them,shall be entitled to
<br /> enforce this Deed of Trust and any other security now or hereafter held by Lender er Trustee irt 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 Trus[o�by law
<br /> provided or permitted, trut each shall be cumuiative and shall be in addition to every other remedy given in this
<br /> Deed of Ttust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the
<br /> Credit Agreement or any of the Related Documents to Trusiee or Lender or to which either of them may 6e
<br /> otherwise entitled, may be exercised, co�currently or independently, from time m time and as often as may be
<br /> deemed expedient 6y 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. AO of Lender's rights and remedies will be cumulative and may be. exercised alone ot
<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 defautt
<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 be mailed to them at the addresses Set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. 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 reasonable as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the exient not prohi6ited by law,all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall 6ecome a part of the Inde6tedness payable on demand and shall bear
<br /> � interest at the Credit Agreement rate��from the date of the expendiiure 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 fnr
<br /> � bankruptcy proceedings (including efforts to modify or vacate any automaiic-stay or injunction),appeals,and any
<br /> anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including
<br /> foredosure reports),surveyorS'reports,and appraisal fees,title insurance,and fees for the Trustee,to the extent
<br /> permitted by applicable law. Trustor also will pay any court costs,in addition to ail other sums provided.by law.
<br /> Rights of Trustee. Trustee shall have ail of the rights and duties of Lender as set forth in this.section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. Tfie following provisions relating m the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addition to all powecs of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actions with respect to�the Property upon the w�itten request of Lender and Trustor. {a)join in
<br /> preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; lbl join.in granting any easemenf or creating�any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed 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 Property,the Trustee�shall have ihe right to
<br /> foreclose by notice and sale, and Lender will have the right to foredose by judicial foreclosure,in either case in
<br /> accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender,at 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 recorded in the
<br /> office of Yhe recoYder of HALL County, State of Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state Iaw, the names of the original Lender, Trustee, a�d Trustor, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
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