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201201954
<br /> DEED OF TRUST
<br /> Loan No: 872058529 (C01ltIf7Ued) Pa e 5
<br /> 9
<br /> the Properiy 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 expedient, 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 shali deliver to such purchaser or purchasers thereof its good and sufificient deed or
<br /> deeds conveying the property so sold, but without any covenant or wa�ranty, express or implied. The
<br /> recitals in such deed of any matters or facts shafl be conclusive proof ofi the truthfulness thereof. Any
<br /> person, including.without I.imitation Trustor, Trustee, or Lender, may purchase at s:uch sale.
<br /> (b) As may be permitted by law, after deducting all costs, fiees and expenses of Trustee and of this
<br /> Trust, including costs ofi evidence ofi title in connection wifih sale,Trustee shall apply the proceeds of sale
<br /> to payment of (i) all sums expended unde� the terms of this Deed of Trust or under the terms ofi 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 legally entitled
<br /> tnereto.
<br /> (c) Trustee may in the manner provided by I:aw postpone sale of all or any portion of the Property..
<br /> RemecOies 9Vot 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 a�ll rights and powers
<br /> under this Deed of Trust, under the Cradit Agreement, under any of the Related Documents, or under any other
<br /> agreement or any laws now or hereafter in fiorce; notwithstanding, some or all of such indebtedness and
<br /> obligations secured by this Deed of Trust may now or hereafter be otherwise secu�ed, whether by mortgage, deed
<br /> of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enfiorcement,
<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 /> fiereafter neid by Trustee or Lender, it being agreed that Trustee and Lender, and each of thern,shall 6e 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. IVo remedy conferred upon or
<br /> reserved to Trustee or Lender, is intended to be exclusive of any other remedy irt ihis 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 law 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 wnich either ofi them may be
<br /> otherwise entitled,. may be exercised, concurrently 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. Nothing in this
<br /> Deed of Trust snall 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 Rernedies. All of Lender's rights a�d remedies will 6e cumulative and may be exercised alone or
<br /> together.. If Lender decides to spend money or to perform any of Trustor's obligations undet this Deed of Trust,
<br /> after Trus[or's failure to do so, that decision by Lender will not affect. �ender's right to dedare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request fioe Notice. Trustor, on behalfi 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 ofi this Deed of Trust.
<br /> Attomeys' Feest 6cpenses. If Lender instifutes any suit or action to enfiorce 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 e�ctent not prohibited by law, all
<br /> reasonable expenses Lender incurs tnat in Lender's opinion are necessary at sny time for the protection of its
<br /> interest or the enforcement of its rignts 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 limitati.on, however subject to any limits under applicable law, Lender`s attorneys' fees
<br /> and Lender's Iegal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
<br /> banlcruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction?, appeals, and any
<br /> anticipated pos2-judgment collection services, the cost of searching records, obtaining title reports (including
<br /> fioreclosure reports), surveyors' reports, and appraisal fees, trtle insurance, and fees.for tf�e Trustee, to the extent
<br /> permitted by applicable iaw. Trustor also will pay any court costs, in addition to all other s.ums provided by law.
<br /> Rights of Trustee. Trustee shafl have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS �F 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 to
<br /> take the fol:lowing actions with respect to the Property upon the written request of Lende�and Trustor. (a)join in
<br /> preparing and fiiling a map or plat of the Real Property, includi.ng the dedication of streets or other rights to the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement afifecting this Deed of Trust or the interest ofi Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all quali#ications required for Trustee under applicable law. In addition to the rights
<br /> and remed�Pes set fiorth above; with respect to all or any part of the Proper£y, the Trustee shall have the right to
<br /> fioreclose by notice and sale, and Lender w(II have the right to foreclose by judicial foreclosure, in e:iiher case in
<br /> a.ccordance with and to the fiull eactent provided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may firom time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed ofi Trust by an insVUment executed and acknowledged by Lender and recorded in the
<br /> office ofi the re�corder of HALL County, State of Nebraska. The instrument shall contain, in additi�on to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, tne book and page (or
<br /> computer system reference) wnere this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shatl be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. Tnis procedure for
<br /> substitution ofi Trustee shall govern to the exclusion of all other provisions for substitution..
<br /> lVOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default
<br /> and any notice o#sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br /> by telefiacsimile (unless otherwise required by law), wh�n deposited with a naiionally recognized ovemight courier, or, if
<br /> mailed, when deposited in the United States mail, as first ci�ass, 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 forecfosure from the holder of
<br /> any lien wnich has priority over this Deed of Trust shall be sent to Lender s address, as shown near the beginning of
<br /> tnis Deed ofi 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 ihe notice is to change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lender informed at all times ofi Trustor's current add�ess. Unless
<br /> otherwise provided or required by law, if tnere 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 responsibili'ry to tell the others of the notice from Lender.
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