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201201531
<br /> , � ' DEED OF TRUST
<br /> Loan No: 872058481 {COntinued) Page 5
<br /> (a) Either in person o�by agent, with or without bringing any action or proceeding, or by a receiver
<br /> � appointed by a court and without regard to the adequacy of its security,enter upon and take possession
<br /> of the Property,or any part thereof,in its own name or in the name of Trustee,and do any acts which it
<br /> deems necessary or desirable to preserve the value,marketability or rentability of the Property;or part of
<br /> the Property or interest in the Property;increase the income from the Proper[y or protect the security of
<br /> the Property; and, with or without taking possession of the Property, sue for or otherwise collect the
<br /> rents,issues and profits of the Property,including those past due and unpaid,and apply the same,less
<br /> � costs and expenses of operation and coilection attorneys'fees,to any indebtedness secured by this Deed �
<br /> of Trust, allin such order as Lender may determine. The enteri�g upon and taking possession of the
<br /> Froperty, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any defauit or notice of default under this Deed of Trust or invalidate any act done in response to
<br /> such default or pursuant to such notice of default;and,notwithstanding the continuance in possession of
<br /> the Property or the collection, receipt and application of rents, issues or profits,Trustee or Lender shall
<br /> be entitled to exercise every right provided for in the Credit Agreement or the Related Documents or 6y
<br /> law upon the occurrence of any even#of default,including the right to exercise the power of sale;
<br /> tb) 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 /> fc) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to be sold,which no6ce Trustee shall cause to be
<br /> duly filed fior record in the appropriate offices of the County in which the Property is bcated;and
<br /> fd) With respect to ali or any part of the Pe�.rsonal Property,Lender shall have aIl the rights and remedies
<br /> of a secured party under the Nebreska U�niform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, �
<br /> Lender shall notify Trustee and shall 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 Notice 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 by law,sell
<br /> the Property at the time and place 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 shall deem expeiiient,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 sold, 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 /> (b1 As may be permitted by law, after deduc'ting all costs, fees and expenses of Trustee and of this
<br /> Trust,including costs of evidence of title in connecvon 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 AgreemeM 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 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 F�cdusive. Trustee and Lender, and each of them, shall be entitJed 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 /> unde�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 ihis Deed of Trust may now or hereafter be otherwise secuved,whether by rnortgage,deed
<br /> of trust,pledge,lien,assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br /> wliether by court action or pursuant to the power of sale ot 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 Trustee or Lender,it 6eing 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 TrusYee in such order and
<br /> manner as ihey.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 6e cumulative�and shall be in addition to every other remedy given in this
<br /> Deed of Trust or now or hereafter existing at law or in equity or by stawte. 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, concur�ently or independently,from time to time and as often as may be
<br /> deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. NoYhing in this
<br /> Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against ihe Trustor to
<br /> the extent such action is permitted by law.
<br /> Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
<br /> together. If Lender decides to spend money or to petform any of Trustor's obligations unde�this Deed of Trust,
<br /> after Trustor's failure to do so,that decision by Lender will not affect Lender's right to dedare Trusmr in tlefault
<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 �eed of
<br /> Trust,Le�der shall be entitled to recover such sum as the�court may adjudge reasona6le as attomeys'fees at triat
<br /> and upon any appeal. Whether or not any court aciion 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 /> interest or the enforcement of its rights Shall become a part of the Intlebtedness payable on demand and shall bear
<br /> interest at the Credit Agreement rate from ihe 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 attomeys'fees
<br /> and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees antl expenSes for
<br /> bankruptcy proceedings (including efforts to modify ot vacate any automatic stay or injuncfionl,appeals,and any
<br /> anticipated post-judgmerrt collection services, the cost of searching records, ohtaining title reports (induding
<br /> foreclosure reports),surveyors'reports,and appraisal fees,title insurance,and fees for the Trustee,to the extent
<br /> permitted 6y applicable law: Trusmr also will pay any court costs,in addition to alI other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of the righis 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:
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