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DEED OF I�RUST
<br />20120497'�
<br />Loan No: 872056243 (Contin�ed) P�ge 5
<br />such default or pursuant to such notice of default; and, notwithstanding the continuance in possesslon of
<br />the Property or the collection, receipt and appliciation of rents, issues or profits, Trustee or Lender shall
<br />be entitled to exercise every right provided for ird the Credit Agreement or the Related Documents or by
<br />law upon the occurrence of eny event of default, including the right to exercise the power of sele;
<br />(b) Commence an action to foreclose this Deed pf Trust as a mortgage, appoint a receiver or specifically
<br />enforce any of the covenents hereof; and �
<br />(c) Deliver to Trustee a written declaration of de�ault and demand for sale and a written notice of default
<br />and election to cause Trustor's interest in the Prdperty to be sold, which notice Trustee shall ceuse to be
<br />duly filed for record in the eppropriete offices of t�he County in which the Property is located; and
<br />(d) �th respect to all or any part of the Person�l Property, Lender shall have all the rights and remedies
<br />of a secured party under the Nebraske Uniform C�mmercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to for�'close by exercise of the Power of Sele herein contained,
<br />Lender shall notify Trustee and shall deposit with Trwstee 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 ceuse to be recorded, published and delivered
<br />to Trustor such Notice of Default end Notice of Sale as then required by law and by this Deed of Trust.
<br />Trustee shall, without demend on Trustor, efter such time as may then be required by law and after
<br />recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell
<br />the Property at the time end place of sale fixe� by it in such Notice of Sale, either as e whole, or in
<br />separete lots or parcels or items as Trustee shall deem expedient, and in such order es 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 withqut any covenant or warranty, express or implied. The
<br />recitals in such deed of any matters or facts sh�ll be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trus�ee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connbction 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 reinainder, if any, to the person or persons legally entitled
<br />thereto. '
<br />(c) Trustee mey in the menner provided by law pbstpone sele of all or any portion of the Property.
<br />Remedles Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br />pertormance 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, or under any other
<br />agreement or any taws now or hereafter in force; notwithstanding, some or all of such indebtedness and
<br />obligations secured by this Deed of Trust may now or her�after be otherwise secured, whether by mortgage, deed
<br />of trust, pledge, lien, assignment or otherwise. Neither thy acceptance of this Deed of Trust nor its enforcement,
<br />whether by court ection or pursuant to the power of salel or other powers contained in this Deed of Trust, shall
<br />prejudice or in eny manner affect Trustee's or Lender's ri�ht to realize upon or enforce any other security now or
<br />hereafter held by Trustee or Lender, it being agreed that Tr'ustee and Lender, and each of them, shall be entitled to
<br />enforce this Deed of Trust end any other security now or hereafter heid by Lender or Trustee in such order and
<br />manner as they or either of them may in their absolutel discretion determine. No remedy conferred upon or
<br />reserved to Trustee or Lender, is intended to be exclusiv� of any other remedy in this Deed of Trust or by law
<br />provided or permitted, but each shall be cumulative and Shell be in addition to every other remedy given in this
<br />Deed of Trust or now or hereafter existing at law or in eq�uity or by statute. Every power or remedy given by the
<br />Credit Agreement or eny of the Related Documents to 1'rustee or Lender or to which either of them may be
<br />othervvise entitled, mey be exercised, concurrently or indppendently, from time to time and as often as may be
<br />deemed expedient by Trustee or Lender, and either of th�m may pursue inconsistent remedies. Nothing in this
<br />Deed of Trust shall be construed as prohibiting Lender fro►n seeking a deficiency judgment ageinst the Trustor to
<br />the extent such action is permitted by law. '
<br />Election bf 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 perforrn any of Trustor's obligations under this Deed of Trust,
<br />after Trustor's feilure to do so, that decision by Lender will not affect Lender's right to declere Trustor in default
<br />and to exercise Lender's remedies. �
<br />Request for Notice. Trustor, on behalf of Trustor and Lend,er, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust ibe mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attomeys' Fees; Expenses. If Lender institutes any suit lor action to enforce any of the terms of this Deed ot
<br />Trust, Lender shall be entitled to recover such sum as the ourt may adjudge reasonable as attorneys' fees at triai
<br />and upon any appeal. Whether or not any court action i� involved, and to the extent not prohibited by law, all
<br />reasoneble expenses Lender incurs that in Lender's opiniQn are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a par� of the Indebtedness payable on demand end shall bear
<br />interest at the Credit Agreement rate from the date of tlhe expenditure until repaid. Expenses covered by this
<br />paragraph include, without limitation, however subject to ny limits under applicable law, Lender's attorneys' fees
<br />and Lender's legel expenses, whether or not there is � lawsuit, including attorneys' fees and expenses for
<br />bankruptcy proceedings (including efforts to modify or vaqate any automatic stay or injunction), appeals, and eny
<br />anticipated post-judgment collection services, the cost qf searching records, obtaining title reports (including
<br />foreclosure reports), surveyors' reports, and eppreisal 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 ell other sums provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and c�uties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following proWisions relating to the powers and obligetions of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee eri§ing es a matter of law, Trustee shall have the power to
<br />take the following actions with respect to the Property upqn the written request of Lender and Trustor: (a) join in
<br />preparing and filing e map or plat of the Real Property, inciuding 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 affecting this Deed of Tryst 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 �art of the Property, the Trustee shall have the right to
<br />foreclose by notice and sale, and Lender will have the rig t to foreclose by judicial foreclosure, in either case in
<br />accordance with end to the full extent provided by applicab�e law.
<br />Successor Trustee. Lender, at Lender's option, may from �ime to time appoint a successor Trustee to any Trustee
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