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201207253
<br /> ' DEED OF TRUST
<br /> Loan No= 872056227 (Co11t111ued) Page 5
<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 casn in lawful money of the United States payable at the.time
<br /> of sale. Trustee shall deliver to such purchaser or purcnasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but witnout any covenanY or wa�ranty, express or implied. The
<br /> recitals in such deed of any matters or facts shall be condusive proof of the truthfiulness thereof. Any
<br /> person, induding 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, irtcluding 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 irterest and late charges, (ii) all
<br /> other sums then secured hereby, and (iii) the remainder, if any, to the person or persons Iegally entitled
<br /> thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Propeny.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligaYions secured by this Deed of TrusY and to exercise aIl 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 laws now or hereafter in force; notwithstanding, some or all of such indebtedness and
<br /> obligations secured by tnis Deed ofi 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 /> wnetner 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 afifect Trustee's or Lender's right to realize upon or enforce any other security now or
<br /> hereafter held by Trustee or Lender, it being agreed thet 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 confierred upon or .
<br /> reserved to Trustee or Lender, is intended to be exdusive of any other remedy in this Deed of T�ust 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 ofi 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 as may be
<br /> deemed expedient by Trustee or Lender, and either of ihem 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 law.
<br /> Election of Remedies_ All of Lender's rights and remedies will be cumulative and may be exercised alone or
<br /> togetner. 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 ofi 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 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 courf 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 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 enforcemeM 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 indude, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees
<br /> and Lender's Iegal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses fior
<br /> bankruptcy proceedings (including 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 /> foredosure reports), surveyors' reports, and appraisal fees,title insurance, arrd fees for the Trustee, to the e�ctent
<br /> permitted by applicable law. Trustor also will pay any court costs, in addi'[ion to all othe�sums provided by law.
<br /> Rights of Trustee. Trustee shall have alI of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE_ The fiollowing provisions relating to the powers and obligations of Trustee
<br /> are part ofi this Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trusiee arising as a matter of Iaw,Trustee shall have the power to
<br /> take the fiollowing actions with respect to the Property upon the written request of Lender and Trustor. (a)join in
<br /> preparing and filing a map or plai of the Real Property, including the dedication of streets or other rights to tne
<br /> public; (b) join in granting any eaSement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet afl quatifications 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 right to
<br /> foreclose by notice and sale, and Lender will have the right Yo foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full extent provided 6y 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 instrument executed and acknowledged by Lender and recorded in tne
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to alI other
<br /> matters required by state law, tne names of the original Lender, Trustee, and Trustor, the book and page (or
<br /> computeY system reference) whe�e this Deed of Trust is recorded, and the name and address ofi the successor
<br /> trusiee, and the instrument shall be executed and acknowledged by all the be�eficiaries under this Deed of Trust or
<br /> their successors in interesi. 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 applicable law. This procedure for
<br /> subsYitution ofi Trustee shall govern to the exdusion of aI(other provisions fior substitution.
<br /> NOTICES_ Any notice required to be given under this Deed of Trust,. including without limitation. any notice of default
<br /> and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br /> 6y telefacsimile (unless otherwise required by law), when.deposited with a nationally recognized oVernight courier, or, ifi
<br /> maited, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the 6eginning of this Deed of Trust: All copies of notices�of foredosure from the holder of
<br /> any Iien which has priority over this Deed of Trust shall 6e sent to Lender's address, as shown near tne beginning of
<br /> this Deed of Trust. Any person may change his or her address for notices under tn�is Deed ofi Trust by giving fiormal
<br /> written notice to the other person or persons, specifying that the purpose ofi the notice is to change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lender informed at all times of Trustor's current address. U�nless
<br /> otherwise provided or required by law, ifi there is more ihan one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the oihers of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed ofi Trust:
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