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�EED OF TRUST � O� 2 0 9 31 �
<br />Loan No: 101258486 (Continued) Page 4
<br />(c) Deliver to Trustee a written decleretion of default end demand for sale end a written notice of defautt
<br />end 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 loceted; end
<br />(d) With respect to all or any part of the Personel Properry, Lender shall have ell the rights and remedies
<br />of 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 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 mey require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be 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 shell, without demand on Trustor, after such time as may then be required by law and after
<br />recordation of such Notice of l7efault and 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 e whole, or in
<br />seperete 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 lawful money of the United States payable et 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 daed of any metters or fects shall be concluslve proof of the truthfulness thereof. Ahy
<br />person, including without limitation Trustor, Trustee, or Lender, mey purchase at such sale.
<br />(b) As may be permitted by taw, after deducting all costs, fees and expenses of Trustee and of this
<br />Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale
<br />to payment of (i) ell 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 limited to accrued interest and late cherges, (ii? all
<br />other sums then secured hereby, and (iii) the remeinder, if ahy, to the person or persons legally 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 end Lender, end each of them, shell be entitled to enforce peyment 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 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 ecceptance 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 of Trust, shall
<br />prejudice or in any manner effect 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 egreed that Trustee and Lender, and each of them, shall be entltled 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 ebsolute 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 permitted, but each shell be cumulative and shall be in addition to every other remedy given ln this
<br />Deed of Trust or now or hereafter existing et lew or in equiry or by stetute. Every power or remedy given by the
<br />Credit Agreement or any of the Releted 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 time and as often es may 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 a deficfency judgment against the Trustor to
<br />the extent such action is permitted by lew.
<br />Elecdon of Remedies. All of Lender's rights end remedfes will be cumulative and mey be exercised alone or
<br />together. If .Lender decides to spend money or to pertorm any of Yrustor's obligations under this Deed of Trust,
<br />after Trustor's failure to do so, that decision by Lender will not effect Lender's right to declere Trustor in default
<br />and to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that e copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be meiled to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' 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 the court may adjudge reasonable es attorneys' fees at trial
<br />and upon any appeal. Whether or not any court ection is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary et any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payeble on demand end shall bear
<br />interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this
<br />paregraph include, without limitation, however subject to eny limits under applicable law, Lender's attorneys' fees
<br />and Lender's legal expenses, whether or not there is e lawsuit, including attorneys' fees and expenses for
<br />bankruptcy proceedings (including efforts to modify or vacate any autometic stay or fnjunction), appeals, and any
<br />ant(cipeted post-judgment collection services, the cost of searching records, obteining title reports (including
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