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<br />DEED OF TRUST � o�. 2 0 8 9 0 5
<br />Loan No: 101258035 (Continued) Page 4
<br />of a secured perty 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 conteined,
<br />Lender shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement end
<br />such receipts and evidence of expenditures made and secured by this Deed of Trust es Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, publ(shed end delivered
<br />to Truator such Notice of Default end Notice of Sale as then required by law end by this Deed of Trust.
<br />Trustee shall, without demand on Trustor, efter such time as may then be required by law end efter
<br />recordation of such Notice of Default end after Notice of 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, either as a whole, or in
<br />seperete lots or parcels or items as Trustee shell deem expedient, and in such order as it may determine,
<br />at public euct(on to the highest bidder for cesh in lawful money of the United States payeble at the time
<br />of sale. Trustee shatl 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 shell be conctusive proof of the truthfulness thereof. Any
<br />person, including without limitation Trustor, Trustee, or Lender, may purchase at such sele.
<br />(b) As may be permitted by law, after d'educting all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidence of t(tle fn connection w(th sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) ell sums expended' the terms of this Deed of Trust or under the terms of the
<br />Credit Agreement not then repaid, including but not limited to accrued interest end late charges, (ii) ell
<br />other suma then secured hereby, and (iii) the remeinder, if any, to the person or persons legelly entitled
<br />thereto.
<br />(c) Trustee mey fn the manner provided by lew postpone sale of all or any portion of the Property.
<br />Remedtes Not Exclusive. Trustee and Lender, end each of them, shall be entitled to enforce payment and
<br />performence of any indebtedness or obligations secured by this Deed of Trust and to exerc(se all rtghts 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 ell ot such indebtedness and
<br />obligations secured by this Deed of Trust may now or hereafter be othen�vise secured, whether by mortgage, deed
<br />of trust, pledge, lien, assignment or otherwise. Neither the ecceptance of this Deed of Trust nor its enforcement,
<br />whether by court ection or pursuent to the power of sale or other powers contained in this Deed of Trust, shall
<br />prejudice or in any menner affect Trustee's or Lender's right to realize upon or enforce eny other security now or
<br />hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, end 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 Trust or by law
<br />provided or perm(tted, but each shall be cumulative and shell 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 independently, from time to t(me and as often ea mey be
<br />deemed expedient 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 from seeking e deficiency judgment against the Trustor to
<br />the extent such ection is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative end may be exercised alone or
<br />together. If Lender decides to spend money or to perform any of Trustor's obligations under th(s 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 NoUce. Trustor, on behalf of Trustio� and Lender, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Dee1i of Trust be mailed to them at the addresses set forth in the first
<br />peragraph of thls Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes eny suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entttled to recover such sum as the court may edjudge reasonable es ettorneys' fees at trial
<br />and upon any appeal. Whether or not eny court ection is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs thet in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shell become e part of the Indebtedness payable on demand end shell bear
<br />interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this
<br />paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees
<br />end Lender's legel expenses, whether or not there is a lewsuit, including ettorneys' fees and expenses for
<br />bankruptcy proceedings (including efforts to modify or vacate any automatic stay or tnjunctionl, eppeals, and any
<br />anticipated post-judgment collection services, the cost of searching records, obtaining title reports (tncluding
<br />foreclosure reports), surveyors' reports, and eppraisel fees, title insurence, and fees for the Trustee, to the extent
<br />permftted by applicable law. Trustor also will pay eny court costs, in addition to all other sums provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Deed of Trust:
<br />Governing Law. This Deed of Trust will be governed by federel law applicable to Lender and, to the extent not
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