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201209308
<br /> DEED OF TR�1ST
<br /> Loan No: 87205885i (COntlnUed) Page 5
<br /> (b) Commence an action to fioreclose this Deed of�rust 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 default
<br /> and election to cause Trustor's interest in ihe Property to be sold, which notice Trustee shall cause to be
<br /> duly fiiled for�ecord in the appropriate offices of the County in which the Property is located; and
<br /> (d) With respect io all or any part of the Personal Property, Lender shall have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Cods.
<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 shall deposit with Trustee this Deed of Trust and the Credit Agreement and
<br /> such receipts and evidence of expenditures made�and se�cured by tnis Deed ofi Trust as Trustee may require.
<br /> (a) Upon receipt of such notice frorn Lender,.Trustee�shall cause to 6e recorded, published and 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 shall, without demand on Trustor, after such time as may tnen be required by law and after
<br /> recordation of such Notice of Defiault and after Notiae of Sale having been given as required by law, sell
<br /> Yhe 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 highest bidder for cash in Iawful 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 irt such deed of any rnatters or facts shall be condusive proof of the truthfulness thereof. 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 alI costs, fees and expenses ofi Trustee and ofi this
<br /> Trust, induding costs of evidence of title in connectoon wiih sale,Trustee shall apply the proceeds of sale
<br /> to payment of (i) a0 sums expended under the terms of this Deed of Trust or under the terms ofi the
<br /> Credit Agreement not then repaid, including but not limited to accrued interest and Iate charges, (ii) all
<br /> other sums then secured hereby, and (iii) the remainder, if any,. to the person or persons Iegally entitled
<br /> thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of 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 this Deed ofi Trusi and to exercise all rights and powers
<br /> under this Deed of Trust, under the Credit Agreement, under any of the Ftelated Documents, or under any other
<br /> agreemeni 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, Iien, assignment or oYherwise. Neither the acceptance of tfiis Deed of Trust nor its enfarcement,
<br /> whether by court action or pursuant to ihe 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 /> heteafter 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 eitner of tnem may in tneir 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 Dead ofi Trust 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 /> C�edit Agreement or any of the Related Documents to Trustee or Lender o�r to wnich either ofi them 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 Lender, and either of them may pursue inconsistent remedies. Nothing in this
<br /> Deed of Trust snall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to
<br /> the eMeM such action is permitted by Iaw.
<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 perfiorm any of Trustor's obligations under this Deed ofi Trust,
<br /> after Trustor's failure to do so, that decision by Lender wi❑ mot affect Lender'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 N�otice of Default
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph ofi this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action io enforce any of the terrns ofi 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 imvolved, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for ihe proiection of its
<br /> interest or the enforcement ofi its rights shall become a part of the I.ndebtedness payable on demand and shall bear
<br /> interest at the Credit Agreement rate� from the date of the expenditure until repaid. Expenses covered by this
<br /> paragraph incl�ude, without Iimitation, however subject to any limits under applicable Iaw, Lender's attorneys' fees.
<br /> and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
<br /> bankruptcy proceedings (including efforts to modify or vacat� any automatic stay or injunction), appeals, and any
<br /> anticipated post-judgment collection services, the cost of searching records, obtaining title reports (induding
<br /> fioreclosure reports), surveyors' reports, and appraisal fees, title insurance,. a�d fees for the Trustee, to the extent
<br /> permitted 6y applica6le law. Trustor also wilf pay any couri cosYs, in addition to all 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 ofi Trustee arisirug as a matter of law.,Trustee shall have ihe power to
<br /> take the fiollowing actions with 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, inclvding 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 affiecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustes. Trustee snall meei a❑ qualificaiions required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above, with respect to aIl or any part of the Property, the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender will have the right to fioreclose by judicial foredosure, 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 /> office of the recorder of HALL County, Siate of Nebraska. The instrument sha❑ co�ntain, in addition to aIl other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br /> computer system refierence) where this Deed of Trust is recorded,. and the name and address ofi the successor
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