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201206457
<br /> DEED OF TRUST
<br /> Loan No: 872058713 (Continued) Page 5
<br /> (b1 Commence an action to foreclose this Deed of Trust as a mortgagey 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 written notice of default
<br /> and election to cause Trustor's irrterest in the Property to be sold,which notice Trustee shall cause to be
<br /> duly filed for record i�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 aIl the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Forecbsure 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 Tr�stee this Deed of Trust and the Credit Agreement and
<br /> such receipts and evidence of expenditures made and secuted by this Deed of Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,TYustee shall cause to be recorded,published and delivered
<br /> to Trustor such Notice of Defauli and Notice of Sale as then required by law and by this Deed of Trust.
<br /> Trustee shall, without demand on Trusmr, after 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 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 oi the United States payable at the time
<br /> of sale. T�ustee 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 /> redtals 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 deduc[ing all costs, fees and expenses of Trustee and of this
<br /> Trust,including cos'ts 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 fhe
<br /> � Credit Agreement not ihen repaid,including but not limited to accrued interest and lare charges, (ii) all
<br /> other sums then secured hereby,and i���)tha 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 obligaFions 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 Iaws 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,whethe�by mortgage,deed
<br /> of trust,pledge,Iien,assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br /> whether 6y court action or pursuant to the power of sale or othet 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 /> hereafter held 6y Trustee or Lender,it being agreed#hat Trustee and Lender,and each of them,shall be entitletl 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 dete�mine. No remedy conferred upon or
<br /> reserved Yo 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 6e 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 6y the
<br /> . Credit Agreement or any of the Related Docume�ts to Trustee or 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 /> the extent such action is permitted by faw.
<br /> Election of 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 perform any of Trustor's obligations under this Deed of Trust,
<br /> after Trustor's failure to do so,that decision 6y Lender will not affect Lender's right io dedare Trustor in defauli
<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 Yhe addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Fxpenses.: If Lender institutes any suit or actio�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 reasonable as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved,.and to the extent not prohibited 6y law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> inYerest or the enforcement 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. 6cpenses covered by this
<br /> paragraph include,without limitation,however subject to any limits under applicable law,LendePs attorneys'fees
<br /> and Lender's legal expenses, whether or not there�is a lawsuit, including attorneys' fees and ezpenses for
<br /> bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctionl,appeals,and any
<br /> anticipated posrijudgment collection services, the cost of searchi�ng records, obtaining title reports (including
<br /> foreclosure reports),surveyors'reports,and appraisaf 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 /> Rights of Trustee. Trustee shall have all af 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 addition to all powers of Trustee arising as a mattet of law,Trustee shall have the power to
<br /> take the following actions with respect to the PropertV 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 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 /> subordnation or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. T�ustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above,with respect to aIl or any part of the Property,the Trustee shall have the righY to
<br /> foreclose by notice and sale, and Lender wiil have the right to foreclose by judiciai foreclosure, in either case in
<br /> accotdance with and to�the full extent provided by applicable law.
<br /> Successor Trustee. Lender,at Lender's option,may from time to time appoinY a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by a�instrument executed and acknowletlged by Lender and recorded in the
<br /> office of the recorder of HALL County,State of Nebraska. The instrumeni shail contain, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee; and Ttustor, the book and page (or
<br /> computer sys#em reference) where this Deed of Ttust is recorded, and the name and address of the successor
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