201206456
<br /> DEED OF TRtlST
<br /> Loan No: 872058683 {COI7$6tlued) Page 5
<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 Properry,Lender shall have all the rights 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 Ttustee 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 6e recorded,published and delivered
<br /> to Trustor such Notice of Default and Notice of Sale as then required.by law and by this�eed 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 Nofice 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 Iots or parceis 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. T�ustee shall deliver to such purchaser or purchasers thereofi its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br /> reciials in such deed of any matters or facts shail be condusive proof of the Yruthfulness 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 ofi 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 (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 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 a�d 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 laws now or hereafter in force; notwithstanding, some o� 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 i�n 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 secuiity now or
<br /> hereafter held by 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 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. No remedy conferred upon or
<br /> reserved to Trustee or Lender, is intended to be exciusive 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 Iaw or in equiry or by sYatute_. 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 6e
<br /> othetwise 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 af them may pursue inconsistent remedies. Nothing in this
<br /> Deed of Trust shall be construed as prohibifing Lender from seeking a deficiency judgment against the 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 /> iogether. If Lender decides to spend money or to perform any of Trustor's obligations undeF this Deed of Trust,
<br /> after Trustor's failure to do so,that decision by Lender wilf not affect Lender's right to declare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor,on 6ehalf 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 /> Attomeys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of Yhis 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 noi any court action is involved, and to the eMent 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 fhe Indebted�ess payable on demand and shall bear
<br /> interest at the Credit Agreement raie from the date of the expentliture until repaid. Expenses covered by this
<br /> paragraph i�clude,without limitation,however subject to any fimits under applicable law,Lender's attorneys'fees
<br /> and Lender's legal expenses, whether or not there is a lawsuii, induding atto�meys' fees and expenses for
<br /> bankruptcy proceedings(including efforts to motlify or vacate any automatic stay or injunction),appeals,and any
<br /> anticipated post-judgment collection services, the cost of seaYching records, obtaining tiUe reports (including
<br /> foreclosure reportsl,surveyors'reports,and appraisal 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 all other sums provided 6y law.
<br /> RigBts of Trustee. Trustee shall have all of the rigMs a�d duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE, The following provisions relating to the powers and obligaiions 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 faw,Trustee shall have the poweY to
<br /> take tfie following actions with respect to the Properiy upon the written request of Lender and Trustor. (a)join in
<br /> preparing and filing a map or plat of the Real Property, including the dedi�cation 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 /> su6ordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shafl 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 part of the Property,the TruStee shall have the rigBt to
<br /> foredose by notice and sale, and Lender w�ll have the right to foreclose by judicial foredosure, in either case in
<br /> accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender,at Lender's option,may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an insvument executed and acknowletlged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall.contain, in add�tion to all other
<br /> matters required by state law,ihe names of the original Lender, Trustee, and Trustor, the book and page {or
<br /> computer sys[em referencel where this Deed of Trusf is recorded, and the name and address of the successor
<br /> trustee,and the instrument shall 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 applfcable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of aIl other provisions for substitution.
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