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201206278
<br /> DEED OF TRUST
<br /> Loan No: 872055675 (Continued) Page 5
<br /> of the Property,or any part tFiereof,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,oe part of
<br /> the Property or interest in the Property;increase the income from the Property 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,Iess
<br /> costs and expenses of operatio�and collection attorneys'fees,to any indebiedness secured by this Deed
<br /> of Trust, allin such order as Lender may determine: The entering upon and taking possession of the
<br /> Property, the collection of such rents, issues and profits, and the application thereof shall not cure or
<br /> waive any default or notice of default under this Deed of Trust oY 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 entitfed to exercise every right provided for in the Credit Agreement or the Related Documents or by
<br /> law upon the occurrence of any event of defauit,including the right to exercise the power of sale;
<br /> (b1 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 declaration of default and demand for sale and a writte�notice of default
<br /> and election to cause Trustor's interest in the Property to be sold,which notice Trustee shalf cause 20 6e
<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 Personal Property,Lender shall have all the�ights and remedies
<br /> of a secured party under the Nebraska Uniform 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 ofi 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 Default and after Notice ofi Sale having been given as required by law,sell
<br /> the Property at tfie 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 shalt deem expedient,and in such order as it may determine,
<br /> at public auetion 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 /> (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 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 Iiii)the remainder,if any,m the person or persons legally entitled
<br /> thereto.
<br /> 1c) 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 indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br /> under this Deed of T�ust, under the Credit Agreement, under any of the Related Documents,or under any other
<br /> agreemeot or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and
<br /> obligations secured by this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,deed
<br /> of trust,pledge,lien,assignment 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 secunty now or
<br /> hereafter held tiy Trustee or Lender,it being agreed that Trustee and Lender,and each of them,shall be entitled to
<br /> enforce this Deed of Trust and any other security noev or hereafter held by Le�der or Trustee in such order and
<br /> manner as they or either of them may in their a6solute 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 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 �ocuments to Trustee ot Lender or to which�either of 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 shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to
<br /> tlie extent such action is permitted by law.
<br /> Election of Remedies. AII 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 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 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 Lerider 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 reasanable as attomeys'fees at trial
<br /> and upon a�y appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessa�y at any time for the protection of its
<br /> interest or the enforcemenY of its rights 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 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 for
<br /> bankruptcy proceedings(including efforts to modifij or vacate any automatic stay or injunction),appeals,and any
<br /> anticipated postyudgment collection services, the cost of searching records; obtaining tiYle reports (including
<br /> foreclosure reportsl,surveyors'reports,and appraisal fees,title insurance,and fees fo�the Trustee,to the extent
<br /> permitted by applicable law. Trustor also will pay any court costs,in addition to aU other sums provided by law.
<br /> Rights of Tmstee. Trustee shall have a!I of the rights 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:
<br /> Powers of Trustee. In add�tion to all powers 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 written request of Lender and Trustor: la)join in
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