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201207795
<br /> DEED OF TRUST
<br /> Loan No: 872058763 (Continued) Page 5
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br /> enforce any of the covenants he�eof; and
<br /> (c) Deliver to Trustee a written dedaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's interesi in the Property to be sold, which nofice Trustee shall cause to be
<br /> duly filed fior record in the appropriate offices of the County in which the Property is located; and
<br /> (d) With respect to alI or any part of the Personal Property, Lender shall have all the �ights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale_ If Lender elects Yo foreclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and shall deposit with Trustee this Deed ofi Trust and the Credit Agreement and
<br /> such receipts and evidence of expenditures made and secured by this Deed ofi TYust 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 ofi Sale as then required by law and by this Deed ofi Trust.
<br /> Trustee shall, without demand on Trustor, after such time as may then be required by law and aFter
<br /> recordation of sucn Notice ofi Default and after Notice ofi Sale having been given as required by law, sell
<br /> the P�operty at Yhe time and place of sale fixed by it in such Noiice 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 of the United States payable at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the property so sold, but without any covenani or warranty, express or implied. The
<br /> recitals in such deed of any matters or fiacts shall be conclusive proof of the truthfulness thereofi. Any
<br /> person, including without limitation Trustor,Trustee, or Lender,�may purchase a�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) alf sums expended under the terms ofi this Deed of Trust or under the terms of the
<br /> Credit Agreement not then repaid, induding but not limited to accrued interest and late charges, (ii) all
<br /> other sums then secured hereby, and (iii) the remainder, ifi any, to the person or persons Iegally entitled .
<br /> thereto.
<br /> (c) Trustee may in the manner provided by Iaw postpone sale of all o�any portion of the Property.
<br /> Remedies Not Exclusive_ Trustee and Lender, and each of them, snall be entitled to enfiorce payment and
<br /> performance of any indebtedness or obligations 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 /> agreemenY or any laws now or hereafter in force; notwithstanding, some o�r all of such indebtedness and
<br /> obligations secured by ihis Deed of Trust may now or hereafter be otherwise secured, wi�ethe�by mortgage, deed
<br /> of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enfiorcement,
<br /> whether by court action or pursuant to the power of sal�e or otner 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 by Trustee or Lender, it being agreed that Trustee and Lender, and each ofi them, shall be entitled to
<br /> enforce this Deed of Trust and any other security now or hereaftet 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 ofi 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 as may be
<br /> deemed expedient by Trustee or Lender., and either of them may pursue inconsistent remedies. Nothing in tnis
<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 Etemedies_ All of Lender's rights and remedies will be cumulative and may be exercised alone or
<br /> together. Ifi 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 ot any Noti.ce of Defiault
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to tnem at tne addresses set forth in tl�e first
<br /> paragraph ot this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender insiitutes any suit or action to enforce any ofi tne terms ofi [his 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 by Iaw, all
<br /> reasonable expenses Lender i�curs that in Lender's opinion are necessary at any time for the protection ofi its
<br /> interest 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 firom the date of the expenditure until repaid. Expenses covered by this
<br /> paragraph include, withoui limitation, however subject to any limits under applicable Iaw, Lende�s attorneys' fees
<br /> and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
<br /> bankruptcy proceedings (including efforts 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 repor2s (including
<br /> foreclosure reports), 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 by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties ofi Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to tne powers and obligations of Trustee
<br /> are part ofi this Deed of Trust:
<br /> Powers o4 Trustee_ In addition to all powers of Trustee arising as a matter of law,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 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 a:ny restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affiecting this Deed ofi Trust or the interest ofi Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifiications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above, with respect to aq or any part of the Property, the Trustee shalf have the right to
<br /> foredose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender, ai 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 the
<br /> offi.ce of the recorder of HALL County, State of Nebraska. The insirument shall contain, in addition io aIl other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br /> computer system refierence) where this Deed of Trust is recorded, and ttie name and address ofi the successor
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