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DEED OF TRUST 2 012 0 6 9 2 4
<br />Loan No: 101255998 (Continued) Page 4
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein conteined,
<br />Lender shall notify Trustee end shall deposit with Trustee this Deed of Trust and the Credit Agreement and
<br />such receipts end 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 be recorded, published and delivered
<br />to Trustor such Notice of Default and Notice of Sele as then requ(red by law end by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, after such time es may then be required by law end after
<br />recordation of such Notice of Default end efter Notice of Sale having been given as required by lew, sell
<br />the Property at the time and place of sale f(xed by it in auch Notice of Sele, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, end in such order as ft may determine,
<br />at public auct(on to the h(ghest bidder for cash in lawful money of the United States payeble at the time
<br />of sale. Trustee shall del(ver to such purchaser or purchasers thereof its good end sufficient deed or
<br />deeds conveying the property so sold, but without any covenant or warranty, expresa or implied. The
<br />recitals (n such deed of any matters or fects shall be conclusive proof of the truthfulnesa thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by lew, after deducting all costs, fees and expenses of Truatee end of this
<br />Trust, including costs of evldence of title in connectlon with sale, Trustee shall apply the proceeds of sale
<br />to peyment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the
<br />Credit Agreement not then repe(d, including but not limited to eccrued interest and late charges, (li) all
<br />other sums then secured hereby, and (iU) the remainder, if any, to the person or persons legally entitled
<br />thereto.
<br />(c) Trustee may in the manner provided by lew postpone sele of all or any portion of the Properry.
<br />Remedies Not Exclustve. Trustee and Lender, and each of them, shall be ent(tled to enforce payment and
<br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise ell rights end 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; notwithstending, some or all of auch indebtedness and
<br />obligations secured by this Deed of Trust may now or hereafter be otherw(se aecured, whether by mortgege, deed
<br />of trust, pledge, lien, assignment or otherwise. Neither the acceptence 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 eny other security 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 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, from time to time and as often es may be
<br />deemed expedient by Trustee or Lender, end either of them may pursue (nconsistent remedies. Nothing in this
<br />Deed of Trust shell be construed as prohibiting Lender from seeking a deficiency judgment ageinst the Trustor to
<br />the extent such action is perm(tted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and mey 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 dec(sion by Lender wfll 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 end Lender, hereby requests that a copy of eny Notice of Default
<br />and a copy of eny Notice of Sele 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 Lender 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 mey adjudge reesoneble es attorneys' fees et trial
<br />and upon any appeal. Whether or not any court action is involved, end to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs thet in Lender's opinion are necessary et any time for the protection of its
<br />(nterest or the enforcement of its rights shall become a part of the Indebtedness payeble on demend end ahall bear
<br />(nterest 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' feea
<br />and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
<br />bankruptcy proceedings (includfng efforts to modify or vacate any eutomatic stay or injunction), appeals, and eny
<br />anticipated post-judgment collection services, the cost of searching records, obtaining t(tle reports iincluding
<br />foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent
<br />permitted by appliceble lew. Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender end, to the extent not
<br />praempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
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