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<br />. : �.. ,� . ..
<br />Loan No: 101253817
<br />20i2n49i�
<br />DEED OF TRUST
<br />(Continued)
<br />P�ge 4
<br />Foreclosure by Power of Sale. If Lender elects to foreciose by exercise of the Power of Sale herein contelned,
<br />Lender shall notify Trustee end shell deposit with Trustee this Deed ot Trust end the Credit Agreement end
<br />such receipts and evidence of expenditures made and secured by this Deed of Trust es Trustee mey require.
<br />(a) Upon receipt of such notice from Lender, Trustee ahall cause to be recorded, published end delivered
<br />to Trustor such Notice of Default and Notice of Sete as then required by law end by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, after such time as may then be required by law and efter
<br />recordation of such Notice of Default and efter Notice of Sale having been given as required by lew, 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 expedient, end in such order as it mey determine,
<br />at public auction to the highest bidder for cesh in lawful money of the United Stetea payable et the time
<br />af sale. Trustee shell deliver to such purchaser or purchasers thereof ita good and sufficient deed or
<br />deeds conveying the properry so sold, but without any covenant or warranty, express or implied. The
<br />recitals in such deed of any metters or facts shell be conclusive proof ot the truthfulness thereof. Any
<br />person, includtng without Ilmitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by lew, efter deducting ell costs, fees end expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shell apply the proceeds of sele
<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 #o accrued interest and lete cherges, (ii) all
<br />other sums then secured hereby, and (ili) the remeinder, ff eny, to the person or persons legelly 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 and Lender, and each of them, shall be entitled to enforce payment and
<br />performance of any indebtednesa or obligations secured by this Deed of Trust and to exercise ell rights and powers
<br />under thia 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; notwithstending, aome or all of auch indebtedness end
<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 thls Deed of Trust nor ita enforcement,
<br />whether by court action or pursuent to the power of sele or other powers contained in this Deed of Trust, shell
<br />prejudice or in any menner 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 egreed that Trustee end Lender, and each of them, shall be entitled to
<br />enforce this Deed of Trust end any other security now ar hereafter held by Lender or Trustee in such order end
<br />manner es they or either of them mey 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 cumuletive and shall be in additton 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 glven by the
<br />Credit Agreement or eny 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, ftom time to time end as often es mey be
<br />deemed expedient by Trustee or Lender, and either of them mey pursue inconsistent remedies. Nothing in this
<br />Deed of Trust shall be construed es prohibiting Lender from seeking a deficiency judgment against the Trustor to
<br />the extent such action is permitted by lew.
<br />Electlon of Remedies. All of Lender's rights and remedies will be cumulative and may 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 />and to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behelf ot Trustor and Lender, hereby requests thet e 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 eddresses set forth in the first
<br />peregraph of this Deecl of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutea any auit or action to enforce eny of the terms of this Deed of
<br />Trust, Lender ahall be entitled to recover such sum as the court may adjudge reasoneble ea attorneys' fees et trial
<br />and upon eny eppeal. Whether or not any coun action is involved, and to the extent not prohibited by law, all
<br />reasoneble expenses Lender incurs that in Lender's opinion are necessary at eny time for the protection of its
<br />interest or the enforcement of its rights shell become a pert of the Indebtedness payeble on demand and shall bear
<br />interest at the Credit Agreement rate from the dete of the expenditure until repeid. Expenses covered by this
<br />paregraph include, wlthout limitation, however subject to eny Iimits under appliceble law, Lender's attorneys' fees
<br />and Lender's legel expenses, whether or not there is a lawsuit, inctuding attorneys' fees and expenses for
<br />bankruptcy proceedings (including efforts to modify or vacate eny autometic stay or injunction), appeals, and eny
<br />anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including
<br />foreclosure reports►, surveyors' reports, end appraisel fees, t(tle insurance, and fees for the Truatee, to the extent
<br />permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by lew.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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<br />Goveming Law. Thls Deed of Trust will be governed by federal law eppticable to Lender and, to the exter�t not
<br />preempted by federal law, the laws of the State of Nebraska wlthout regard to its conflicts of law provlsions. This
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