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201208579
<br /> DEED OF TRUST
<br /> Loan No: 87205880'I (COntinued) Page 5
<br /> (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoia�t a receiver or specifically
<br /> enforce any�of ihe covenants hereof; and � � �
<br /> (c) Deliver to Trustee a written declaretion ofi defiault and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br /> duly filed for record in the appropriate ofifices ofi the County in which the Property is located; and
<br /> � (d) With respect to all or any part of the PersonaP Property, Lender shall have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Forectosure 6y Power of Sale_ If Lender elects to foredose by exercise of tfie Power of Sale herein contained,
<br /> Lender shall notify��Trustee�and�shalf deposit with Trustee this"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 sucF� notice from Lender,Trustee shall cause to be recorded, published and delivered
<br /> m Trustor such Notice of Default and Notice of Sale as then required' by law and by this Deed of Trust.
<br /> Trusiee shall, without demand on Trustor, after such time as may then be required by law and after
<br /> recordation of such Notice ofi Defauk and after Notice ofi Sale having been given as required by law, sell
<br /> the Property at the time and place of sale fixed by it in such Notice of Sale; eitfier as a whole, or in
<br /> separate lots or parcels or items as Trusiee shall deem expedient, and in such order as it may determine,
<br /> at public auction to the highesY 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 covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters�or facts shall be conclusive proof of the teuthfulness thereof_ Any
<br /> person, including withoutlimitation Trustor,Trustee,or Lender; may purchase at such sale.
<br /> (b) As may be permitted by Iaw, after deducting all costs, fiees and expenses of Trustee and of this
<br /> Trust,including costs of evidence of title in connection with sale,Trustee shafl apply the proceeds of sale
<br /> to payment of (i) a❑ sums expended under the terms ofi this�Deed of Tr'ust or under the�terms of the
<br /> Credit Agreement noi ihen repaid,���including but noY limited to accrued interesY and late charges, (ii) all
<br /> other.sums�tihen secured hereby,..and .(i[iJ the remainder, if any,.to the person or persons legally entitled
<br /> thereto.
<br /> tc) Trustee may in ihe manner provided by law postpone sale of,all or any portion of the Property_
<br /> Remedies Not Exciusive�_ Trustee and Lender,-:and� each of them, shall be entitled to enforce 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 Gredit 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 /> ofi 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 ofi sale or other powers contained in this Deed of Ttust, shall
<br /> prejudice or in any manner affeet 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 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 Trusi 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 i�ndependently, from time to time and as often as may be
<br /> deemed expedient by Trustee�or Lender,� and either of them may.pursue inconsisteni,remedies_ Nothing in this
<br /> Deed of Trust shali be construed as prohibiting Lender from seeking a deficiency judgnnent against the Trustor to
<br /> the e�ctent such action is permitted by law. . .
<br /> Election of Remedies. AII of Lender's rights and remedies will be cumulative and may be ea�ercised 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 decision by Lender will not affect Lende�'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 ofi Default
<br /> and a copy ofi any Notice of Safe under this Deed of Trust be mailed to them at the ado1resses set forth in the fiirst
<br /> paragraph of this Deed of Trust.
<br /> Attomeys' 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 ihe court may adjudge reasonable as attomeys' fees at trial
<br /> and upon any appeal. Whether.or not�any co�rt action is involved,:.and to the extena not prohibited by law, aII
<br /> reasonable expenses Lender incurs ihat in Lender's opinion are necessary,at any time for the protection of its
<br /> inierest or ihe enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> inTerest at ihe Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this
<br /> paragraph indude; without Iimitation, however subject to any limits�under applicable law, Lender's attorneys' fiees
<br /> and Lender`s legal expenses,��whether or� not there -is a lawsuit, inc�uding attomeys' fees and� �expenses for
<br /> bankruptcy proceedings (including efforts to modify or vacate any automaiic stay or injunetion), appeals, and any
<br /> anticipated post judgment collection services, the cost of searching records, obtaining title reports (including
<br /> foreclosure reportsl, 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 Iaw.
<br /> Rights of Trustee. Trustee shall have all ofi the rights and duties ofi 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 of this Deed ofi Trust: �
<br /> Powers ofi 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.with respect to the Property upon the written request of Lender and�Trustor: (a) join in
<br /> preparing and fiiling a map.or plat of the Real Property,. including the dedication of stu�eets.or other rights to the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Proper[y; 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 all�qualifications required fior Trustee under applicable law. In� additio� to the righfs
<br /> and remedies set forth above, with respect to��all or any part of the Property, the Trustee shall have the right to
<br /> foreelose 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, aY Lender's option, may.from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an insvument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska The instrument shall contain, in addition to a❑ other
<br /> matters required by state iaw, the names of the original Lender, Ttu5tee; and Trustor, the book and page (or
<br /> computer system refierence) where'this�Deed of Trust is recorded,�and the�.name and address�of the� suecessor
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