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. 201208585
<br /> DEED OF TF3UST
<br /> Loan No: 872058797 (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 hereof; and �
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of defauk
<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 offices of the County in which the Property is located; and
<br /> (d) With respect to aIl or any part of the Personal Property, Lender shall have all the rights and remedies
<br /> ofi a secured party under the Nebraska Uniform Commercial Code.� - � �
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, '
<br /> Lender shall notify Trustee and snalF deposit with Trustee this Deed of Trust and the Credii Agreement and
<br /> such receipts and evidence of expenditures made and secured by this Deed ofi Trust as Trustee may require.
<br /> (a) Upon receipt ofi such notice from Lender,Trustee shall cause to be recorded, published antl 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 snafl, witnout demand on Trustot,�after� such ti�me�as��may then be required by law and after
<br /> recordation of such Notice of Default and after Notice of Sale having been given as required by Iaw, sell
<br /> the Property at the time and ptace 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 drder as it may determine,
<br /> at public auction to the highest bidder for cash in lawfiul money of the United States payable at the time
<br /> ofi sale_ Trustee shall deliver to such purchaser or purchasers thereofi.its good and sufifiicien2 deed or
<br /> deeds conveying ihe property so sold, but without any covenant or warranty,.express or implied. The
<br /> recitals irt such deed of any matters or facts shall be conclusive proof ofi the truthfulness thereofi. Any
<br /> person, including 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 T�ustee and of�this
<br /> Trust, including costs of evidence ofi title in connection with sale,Trustee shall apply,fhe proceeds of sale
<br /> . to payment of (i) all sums expended under the terms of this Deed of Ttust. or under-the terms of the
<br /> Credit Agreement not then repaid, including but not limited to accrued interest and late charges, (ii) all
<br /> other sums then secured hereby,�and (iii) the remainder, if any,to the person or persons legally entitled
<br /> thereto.
<br /> (c) Trustee may in the manner provfded by law postpone sale of all or any portion of the Property.
<br /> Remedies Not Exclusive: Trustee and Lender, and each ofi thern, shall be entitled to enfiorce payment and
<br /> performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all righis and powers
<br /> under #his Deed of Trust, under the Credit Agreement, under any ofi 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, wketner by mortgage, deed
<br /> of t�ust, 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 ofi Trust, shall
<br /> prejudice or in any manner affect Ttustee's or Lender's right to realize upon or enfatce 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 conferted upon or
<br /> reserved to Trustee or Lender, is intended to be exclusive ofi any other remedy in ttiis Deed of Trust or by law
<br /> provided or permitted, but each shall be cumulative and shall be in add�ition to eve�y other remedy given in this
<br /> Deed of Trust or now or he�eafter existing at Iaw or in equity or by statute. Every power or remedy given by the
<br /> C�edit Agreement or any of the Related Documents to Trustee or Lender or to which either of ihem 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 L�nder, and eittier of�them may pursue inconsistent remedies. NoYhing 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 ofi Remedies. Atl ofi Lender's rights and remedies will be cumulative and may be exercised aione 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 fiailure to do so, that decision by Lender wiq not affect Lender's rignt 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 Defiault
<br /> and a copy of any Notice of Sale under this Deed of Trust be��mailed to them at the addresses set forth in tne fi�st
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses_ If Lender institutes any suit or action to enforce any�of tne terms�of this 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 law, ali
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> inierest or the enforcement of its rights shall become a parf of tne Indebtedness payabie on demand and shall bear
<br /> interest at Yhe Credit Agreement �ate from the date of the expenditure until repaid. Expenses covered by this
<br /> paragraph include, without fimitation, however subject to any Iimits unde�applicable I:aw, Lender's attomeys' fees
<br /> and Lender's legal �expenses, whethe� 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 coflection services, the cost of searching records, obtaining title reports (including
<br /> foreclosure reports), surveyors' reports, and appraisai 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 alf of the rights and duties of Lender as set forth in tfiis section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following p�ovisions relating to the powers and obligations ofi Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of Iaw,Trustee shall have the power to
<br /> � iake Yhe following actions with respect to tne Properry upon the written eequest of Lender and Trustoc: (al 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 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 all qualifications required fior 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 ihe right to foredose by judicial fioveciosure,�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 T�ustee io any Trustee
<br /> appointed under this Deed of Trust by an instrument 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 all other
<br /> matters required by state law, Yhe 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 the narne and�address of the successor
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