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201206676
<br /> DEED OF TRUST
<br /> Loan No: 872056771 (C01lttllued) Page 5
<br /> deems necessary or desirable to preserve the va�ue, marketability or rentability ofi the Property, or 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, wiYh or without taking possession of the Property, sue for or otherwise collect the
<br /> rents, issues and profits ofi the Property, including tF�ose past due and unpaid, and apply the same, less
<br /> costs and expenses of operation and collection attorneys' fees,to any indebtedness 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 profiits, and the application ihereof shall not cure or
<br /> waive any default or notice of default under this Deed of Trust or invalidate any act done in response to
<br /> such defiault or pursuant to such notice of default;. and, notwithstanding the continuance in possession of
<br /> the Property or the colleciion, receipt and application of rents, issues or profits, Trustee or Lender shall
<br /> be entitled Yo exercise every right provided for in the Credit Agreement or the Related Documents or by
<br /> law upon the occurrence of any event of default, including the righi to exercise the power of sale;
<br /> (b) Commence an action io foreclose this Deed ofi Trust as a mortgage, appo.int a receiver or specifiically
<br /> enforce any ofi tne covenants hereofi; and
<br /> (c1 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 interest in the Property to be sold, whi�ch notice Trustee snall cause to be
<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 rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foredosure by Power of Sale. If Lender elects to foredose by exercise ofi the Power of Sale herein contained,
<br /> Lender shall notifiy Trustee and shall deposit with Trustee this Deed of Trust and ihe Credit AgreemenY 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 requi�ed 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 afiter
<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 auc'tion to the highest bidder fior cash in Iawful money of the United States payable at tne time
<br /> ofi sale. Trustee sha❑ deliverto such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but witnout any covenant or warranty, express or implied. Tti.e
<br /> recitals in such deed ofi any matters or facts shall be condusive proofi 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, fiees and expenses of Trustee and of tnis
<br /> Trust, including costs of evidence of title in connection with sale,Trustee shall apply the proceeds of sale
<br /> to payment ofi (i) all sums expended under the terms of this Deed of Trust or under the terms ofi the
<br /> Credit Agreerrient not then repaid, incfuding but not fimited to accrued interest and late ctiarges, (ii) alI
<br /> othe�sums then secured hereby, and (iii) the remainder, if any, to the person or persons legapy entitled
<br /> thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Properiy.
<br /> Remedies Not Exclusive. Trustee and Lender, a.nd each of them, shall be eniitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed of Trusi and to exercise all rights and powers �
<br /> under tnis Deed ofi 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, sorne or all of such indebtedness and .
<br /> obligations secured by this Deed ofi Trust may now or hereafter be otherwise secured, whether by mortgage, deed
<br /> of trust, pledge, lien, assignment or otnerwise.. Neither the accepYance 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, shalf
<br /> prejudice or in any manner afiFect Trustee's or Lender's rignt to realize upon or enforce any other security now or
<br /> hereafter held by Trustee or Lender, it being agreed Yhat Trustee and Lender, and each ofi them,shall be entitled to
<br /> enforce this Deed of Trust and any other secu�ity now or hereafter held by Lender or Trustee in such order and
<br /> manner as they or either ofi them may 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 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 Documents to Trustee or Lender or to which either of them may be
<br /> otherwise entitled, may be exercised, concurrently or independently, fro�m 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 exYent 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 /> togethe�. 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 ofi Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragrapli ofi this Deed of TrusY.
<br /> Attorneys' Fees; Eacpenses. If Lender institutes any suit or action to enfiorce any of tne terms o€ 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. WhetheY 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 necessary at any time for the protection of its
<br /> interest or the enforcement ofi its righis shall become a part of the Indebtedness payable on demand and snall bear
<br /> interest at the Credit Ageeement rate Ftom the date of the expenditure until repaid. Expenses covered by this
<br /> paragraph include, without IimiYation, however subject to any limits under applicable law, Lender's attameys` fees.
<br /> and Lender's legal expenses, whether or not there is a lawsuit, including a'ttorneys' fees and expenses for
<br /> bankruptcy proceedings (induding efiforts to modify or vacate any automatic stay or injunction); appeals, and any
<br /> anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including
<br /> foreclosure reports), surveyors' reports, and appraisal fiees, title insurance, and�fees for the Trustee, to the e.�ctent
<br /> permitted by applicable law. Trustor also will pay any court cosis, in addition to all other sums provided by law..
<br /> Rights of Trustee. Trustee shall have alI of the rights and d.uties of Lender as set forth in this section:
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The foilowing provisions relating to the powers and obligations of Trustee
<br /> are part of tnis Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter ofi Iaw,Trustee shall nave the power to
<br /> take the following actions with respect io the Ptoperty upon the written request of Lender and Trustor. (a) join in
<br /> preparing and filing a map or plat of the Real Property, i�ncluding the dedication of streets or other rights to the
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