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201208945
<br /> DEED OF TRIJST
<br /> Loan No= 872058789 (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 foredose 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 dedaration of default 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 offices of the County in which the Property is located; and
<br /> (d) With respect to all or any part ofi the Personal Property, Lender shafi have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Gommercial Code.
<br /> Foreclosure 6y Power of Sale. If Lender elects to fioredose by exercise of the Power of Sale herein contained,
<br /> . Lender shall notify Trustee and shall 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 such notice from Lender,Trustee�shall cause to be recorded, publisned and delivered
<br /> to Trustor such Notice of Default and NoYice of Sale as then required by law and by Yhis Deed of Trust.
<br /> Trustee shall, without demand on Trustor, after such time as may then be required by law and after
<br /> recordation of such Notice of Default 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, either as a whole, or in
<br /> separate lots or parcels or items as Trustee shall deem expedient, and in sucn order as it may determine,
<br /> at public auction to the highest 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 truthfulness thereof. Any
<br /> person, induding 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 Trustee and of this
<br /> Trust, including costs of evidence of title in connection witF�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 then repaid, including but not Iimited to accrued interest and late charges, (ii) alI �
<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 provided by law postpone sale of aII or any portion of the Property.
<br /> Remedies Not F�cclusive_ 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 righis 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 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 Ttust nor its enforeement,
<br /> whether by court action or pursuant to the power of sale or other powers contained in tnis Deed ofi 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 Ttustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to
<br /> enfiorce 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 iheir absolute discretion determine. No remedy conferred upon or
<br /> reserved� to Trustee or Lender, is intended to be exclusive of any other remedy in ihis Deed of Trust or by law
<br /> provided or perrnitted, but each shall be cumulative and shall be i�n addition io 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 ot independently, f�om time to tirne and as often as. may be
<br /> deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this
<br /> Deed of Trusti 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 of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
<br /> together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed ofi Trust,
<br /> after Trustor's fai�lure to do so, that decision by Lender will not affect Lender's right to declare Trustor in defiault
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor, on behalf of Trustor and �ender, hereby requests that a copy ofi any Notice of Defiault
<br /> and a copy of any Notice ofi Sale under this Deed ofi Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed ofi Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any ofi the 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 prohibired by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection ofi its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Credit Agreement rate from the date oi the expenditure until repaid. Expenses covered by this
<br /> paragraph include, without limitation, 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, induding attorneys' fees and expenses for
<br /> bankruptcy proceedings (induding efforts to modify oY vacate any automatic stay or injunction), appeals, and any
<br /> anticipaied post-judgment collection services, the cost of searching records, obiaining title reports (induding
<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 all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of the Yights and duties of Lender as set fdrtfi in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Ttust=
<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 with respect to the Property upon the writien request of Lender and Trustor. (a)join in
<br /> preparing and fil�ing a map or plaY 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 r�striction 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 for 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 noiice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case i�n
<br /> accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from iime 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 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, the names of the original Lender, Trustee, and Trustor, the book and page (or
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