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201209875
<br /> DEED OF TRUST
<br /> Loan No: 872058877 (C011tillued) Page 5
<br /> (b) Commence an action to foreclose 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 declaration 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 Counry in which the Property is located;and
<br /> (d) With respect to 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 Code.
<br /> Foreclosure by Power o€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 may 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 Iaw and by this Deed of Trust.
<br /> Trustee sfiall, 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 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 Nofice of Sale, either as a whole, or in
<br /> separate Iots or parcels or items as Trustee shafl 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 paya6le at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> deeds con�eying 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,including without limitation Trustor,Trustee,or Lender;may purchase at such sale.
<br /> lb) As may be permitted by law, after dedocting aIl 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) all sums expended under the terms of this Deed of Trust or under the terms of the
<br /> Credit Agreernent not then repaid, including tiut not limited to accrued interest and late charges, (ii) all
<br /> other sums then secured hereby,and (iii)the remainder,if any,m the person or persons Iegally entitled
<br /> thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of aIl or any portion of the Property.
<br /> Remedies Not Exclusi�e. Trustee and Lender, and each of them, shall be entitled Fo enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed of Trust and Yo 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 acceptance 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 affect Trustee's or Lender's right to realize upon or enforce any other security now or
<br /> hereafter held by Trustee or Lender,it being ag�eed that Trustee and Lender,and each of them,shall 6e 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 exdusive 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 Iaw 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 m 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 shall he construed as prohibiting Lender from seeking a de#iciency judgment against the Trustor to
<br /> the extent such acUon 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 TrustoPs obligations under this Deed of Trust,
<br /> after TrustoPs failure to do so,that decision hy Lender will not affect Lender's right to dedare 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 Notice 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 of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit ar 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 as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, 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 the protection of its
<br /> interest or the enforcement of its rights shall 6ecome a parY of the Indebtedness payable on demand and shall bear
<br /> interest at the Credit Agreement rate from the date of the expenditure until repaid. �penses covered by this
<br /> paragraph include,without limitation,however subject to any limits under applicable law, Lender's attorneys'fees
<br /> and Lender's legal ezpenses, whether or not there is a lawsuit, including attomeys' fees and expenses for
<br /> bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),appeals,and any
<br /> anticipated posrijudgment collection services, the cost of searching records, obtaining title reports (including
<br /> foreclosure reports),surveynrs'reports,and appraisal fees,title insurance,and fees far the Trustee,to the extent
<br /> permitted by applica6fe law. Trustor also will pay any court costs,in addition to all other sums provided 6y 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 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 the power to
<br /> take the followi�g actions with respect to the Property upon the written request of Lende�and Trustor: (a)join in
<br /> preparing and filing a map or plat of the Real Property, induding 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 /> su6ordination or other agreement affecfing this Deed of Trust or ihe 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 a6ove,with respect to all 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 foreclose by judicial foreclosure,in either case in
<br /> accordance with and to the full extent provided hy applicable law.
<br /> Successor Trustee. Lender,at Lender's option,may from time to time appoint a successor Trustee m 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
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
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