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201208578
<br /> DEED OF TRUST
<br /> Loan No: 8720588'19 (Con$inUed) Page 5
<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 auction to the highesY bidder for cash in lawful money ofi 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 covenant or warranty, express or implied. The
<br /> recitals in such deed of any maYters or facts shall be conclusive proof of the truthfulness thereof. 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 ail costs, fees and expenses of Trustee and of this
<br /> Trust,. including 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, induding but not Iimited to accrued interest and late charges, (ii) all
<br /> other sums then secured hereby, and (iii) the remainder, if any, to th.e person or persons legally entitled
<br /> thereto.
<br /> (c) Trustee may in the manner p�ovided by law postpone sale of all or any portion ofi the Property.
<br /> Remedies Not Exclusive_ Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by Yhis Deed of Trust and to exercise all rights and powers
<br /> under this Deed of Trust, under tne 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 this Deed of 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 /> 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 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 /> enfiorce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in sucn order and
<br /> manner as they or either of them may in their absoluie discretion determine. No remedy conferred upon or
<br /> reserved to Trustee or Lender, is intended to be exclusive ofi 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 othe� remedy given in ihis
<br /> Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by Yhe
<br /> Credit Agreement or any of ihe Related Documents to Trustee or Lender or to which either ofi them may be
<br /> otherwise entitled, may be exercised, concurcently or independently, from time to time and as often as may be
<br /> deemed expedieni 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 firom seeking a deficiency judgment against the Trustor to
<br /> the extent such action is permitted by law.
<br /> Election of Remedies. AII of Lender's rights and remedies wi❑ be cumulative and may be exercised alone or
<br /> together. If Lender decides to spend money or to perform any of Trustor's obligations vnder this Deed of Trust,
<br /> aftar Trustor's failure to do so, that decision by Lender will not afiFect Lender's right to dedare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor, on behalfi 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 Yo tfiem at the addresses set forTn 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 shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fiees 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 opini.on are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest aY tne Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this
<br /> paregraph include, 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 for
<br /> bankruptcy proceedings (including efiforts to modify or vacate any automatic sfay or injunction), appeals, and any
<br /> anticipated post-judgment collection services, the cost ofi searcning records, obtaining title reports (including
<br /> fioreclosure 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 alf other sums provided by law.
<br /> Rights of Trustee. Trustee shall 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 of 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 /> take the following actions witn 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 graniing any easemenY or creaiing any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust o�the interest of Lender under this Deed of Trusi.
<br /> Trustee_ Trustee shall meet aIl qualifications required for Trustee under applicable law, in addition to the rights
<br /> and remedies set fiorth above, with respect to ap or any part of the Property, the Trust�e shall 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, at Lender's option,. may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed ofi Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> o-Ffice of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addiYion to all other
<br /> matters required by state law, the names ofi the original Lender,. Trustee, and Trustor, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and Yhe name and address of the successor
<br /> trustee,and the instrument shall be executed and acknowledged by all the benefiiciaries u�der this Deed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the ProperEy, shall succeed to all tne
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions�for substitution.
<br /> NOTICES_ Any notice required to be given under this Deed of Trust, including without timitation any notice of default
<br /> and any notice of sale shall be given in writing, a:nd shall be effective w�hen actually delive�ed, when actually received
<br /> by telefacsimile (unless otherwise required by law), w�hen deposited with a navonally recognized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered mail postage ptepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure firom the holder of
<br /> any lien which has priority over this Deed of Trust shall he sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written notice to the other person or persons, specifying that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lender informed at alf times of Trustor's current address. Unless
<br /> otherwise provided or required by law, if there is more than 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 responsibi[ity to tell the others otf the notice from Lender..
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