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201208459
<br /> DEED OF TRUSI"
<br /> �oan No: 872058721 (Continued) Page 5
<br /> law upon the occurrence of any event of default,. including the right to exercise the power of sale;
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifiicaily
<br /> enforce any of the covenants hereof; and -
<br /> (c) Deliver to Trustee a written deciaration of default and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Pro.perty to be sold, which notice Trustee shall cause to be
<br /> duty filed for record in the a.ppropri�ate ofiFices of the Couniy in wnich the Property is focated; and
<br /> (d) With respect to all or any part of tihe Personaf Property, Lender shall have all tihe rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sate. Ifi Lender elects to foreclose by exero�i5e of the Power of Safe herein contained,
<br /> � Lender shall notify Trustee and shall deposit with Trustee tnis Deed of Trust and the Credit Agreement and
<br /> such receipts and 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 Sale as then required by law and by this Deed of Trust.
<br /> Trustee� shall, without demand on Trustor, after such time as may tnen be required by law and after
<br /> recordation of such Notice ofi Default and after Notice of Sale having been given as required by law, sell
<br /> the Property at tne time and place of sale� fixed by it in such Noti.ce of Sale, either as a whole, or in
<br /> separate lots or parcels or items as Trustee shali deem expedient, and in such order as it may determine,
<br /> at public auction to tne highest bidd�er for cash in. lawful money of tne United States payable at the time
<br /> of sale_ Trustee shall deliver to such purchaser or purchasers tnereofi its good and suffici.ent deed or
<br /> deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br /> recitals in such deeci of any matters or facts shall be conclusive proof of the truYhfulness thereof. Any
<br /> persoc�, including without limitation Trustor,Trustee,or Lender, may purchase at such sale.
<br /> (b) As may be permitted by law, after deducting alf costs, fees and expenses ofi Trustee and of tnis
<br /> Trust, induding costs of evidence ofi 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 of the
<br /> Credit Agreement not ihen repaid, including but not limited to accrued interest and late charges, (ii) all
<br /> other sums then secured hereby, and (iii) the remai:nder, if any, to ihe 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 IVot Exclusive. Trustee and Lendet, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligati.ons secured by this Deed ofi 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 laws now or hereafter in force; notwithstanding, some or all ofi such €ndebted�ess and
<br /> obligations secured by this Deed of Trust may new or hereafter be oxherwise secured, whether by mortgage, deed
<br /> ofi trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of TYust nor its enforcement,
<br /> whether by court action or pursuant to the power of sale or oti�er 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 of them, shall be entitled to
<br /> enforce this Deed of Trust and any other security now or hereafter neld by Lender or TrusYee in such order and
<br /> manner as they or either ofi Yhem may in their absolute discretion determine. No remedy conferred upon or
<br /> reserved to Trustee or Lender, is intended to be exdusive of any other remedy in this Deed ofi Trust or by law
<br /> provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in tnis �
<br /> Deed of Trust or now or hereafter existing at law or i.n equity or by sYatute.. 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 /> othe�rwise entitled, may be exercised, concurrentfy 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 eemedies. Nothing in this
<br /> Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment agains�the Trvstor to
<br /> the extent such action is permitted by Iaw.
<br /> Election of Remedies. Ali of Lender's rig}its and remedies will be cumulative and may be exercised afone or
<br /> together. If Lender decides to spend money o� to perform any of Trustor's obligations under this Deed of Trust,
<br /> after Trustor's failure to do so, tnat decision by Lender will noi affe.ct 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 of Sale under this Deed of Trust be mailed to them aC the aBdresses set forth in the fiirst
<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 shali be entitled to recover such sum as the court may adjudge reasonable as attomeys° fees at trial
<br /> and� upon any appea9. Whe#her or not any court action is involved, and to the extent not pronibited by law, all
<br /> reasonabie expenses Lender incurs that in Leneier`s opinion are necessary at any time fior the �p.rotection ofi its
<br /> �n�erest or the enfarcement of its rights shall become a parf[of the Indebtedness payable on ciemand and shall bear
<br /> interest af the i.redit Agteement rate from the date of the expend�iture uniil repaid. Expenses covered by this
<br /> paragraph.. incYude, without limitation., however subject io any limits under appiicable law, Lender's attorneys' fees
<br /> and Lender's legal expenses, whether or not there is a fawsuit, including attorneys' fiees and expenses for
<br /> banktuptcy proceedings (including efforts to mo@ify 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,. and fees fior 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 shalt have all of 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 ofi this Deed oi TrusT:
<br /> Powers of Trustee.. In addition to all powers of�Trustee arising as a matter of law, Trustee shall have the power to
<br /> ta!<e the following actions with respect to the Property upon t�e written request of Lender and Trustor: (a) join in�
<br /> preparing and filing a map or plat of the Real Property, inctuding the dedication of sireets or other rights Yo the
<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 Trusi.
<br /> Trustee. Trustee shall meet all qualifications required fior Trustee under applicable law. In addition to the rights
<br /> and remedies set fortn 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 wi❑ have the right to� foreclose by judicial foreciosure, in either case in�
<br /> accordance with and to the full extent provided by 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 record�er of HALL Coun�ry, State ofi Nsbraska. The instrument shall contain, in addition to ail other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
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