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201209367
<br /> DEED OF TEiUST
<br /> Loan No: 872058835 (Continued) Page 5
<br /> duly filed for record in the appropriaie offices of the County in which the Property is located; and
<br /> (d) With respect to alI or any part of the Personal Property, Lender shall have all the righis and remedies
<br /> of a secured party under the Nebraska Uniform Corrnmercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of ihe 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 notiee from Lender,Trustee shall cause to be recorded, published and delivered
<br /> to Trustor such Notice ofi Defiault 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 then be required by law and after
<br /> recordation of such Notice of Default and after NoYfice 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 /> 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 hlghest bidder for cash in lawfiul money of the United States payable at tne time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds conveying the properfy so sold, but wiihout any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shall be condusive proof of the Yruthfulness thereof, Any
<br /> person, including without limitation Trustor,Trusiee, or Lender, may purchase at such sale.
<br /> (b} As may be permitted by law, after deducting all costs, fees and expenses ofi Trustee and of this
<br /> Trust, includ7ng costs of evidence of title in connection with sale;Trustee shalt apply the proceeds ofi sale
<br /> to payment of (i) aIl 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 eharges, (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 provided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not Excluseve. 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 rights and powers
<br /> under tnis 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 fiorce; notwithstanding, some or all of such indebtedness and
<br /> obligations secured by this Deed ofi Trust may now or hereafter be otherwise secured; whether by mortgage, deed
<br /> of trust, pledge, lien, assignment or otherwise. Neither the acceptance ofi this Deed of Trust nor its enforcement,
<br /> whether by court action or pursuant to the power of sale or otner powers contained in this Deed of Trust, shall
<br /> prejudice or in any manner affect Trustee's or Lender's rignt to realize upon or enfioree 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 o-F Trust and any otNer 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 /> resetved 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 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 /> Credit Agreement or any of tne Related Documents to Trustee or Lender or to which either of them may be
<br /> otherwise entitled, may be exercised, concurrently or independeMly, 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 tnis
<br /> Deed of Trust shall be construed as prohibiting Le�nder from seeking a deficiency judgment against tne 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 m�ay be exercised alone 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 failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in defauit
<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 of Defauit
<br /> and a copy of any Notice of Sale under tnis Deed of Trust be mailed to them aY the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; 6cpenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> TrusY, Lender shall be entifled fo recover such Sum as tne court may adjudge reasonable as attomeys' fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to ihe extent not prohibited by law, all
<br /> reasonable expenses Lender incurs tnat in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part afi the Indebtedness payable on demand and shall bear
<br /> interest at tf�e Credit Agreement rate firom the date of the expenditure until repaid. Expenses covered by this
<br /> paragraph include, without limitation, 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 vacate any automatic stay or injunction), appeals, and any
<br /> anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including
<br /> fioreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent
<br /> permitted by applicable law. Ttustor also will pay any court costs, in addition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have atl of ihe 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 of this Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have tne 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 filing a map or plat of the. Real Property, including the dedication of streets or other rights to tne
<br /> public; (b) join in granting any easement or creating any restriction on ihe 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 afl 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 rigF�t to
<br /> foredose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, 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 of Trust by an instrumenY execut�d and acknowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska.. The instrument snall 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
<br /> computer system reference) where thfs Deed of Trust is record.ed, and the name and address of the successor
<br /> Yrustee,and the insYrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of tne Property, shall succeed to all the
<br /> � title, power, and duties confierred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution ofi Trustee shall govern to the exclusion ofi all other provisions for substitution.
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