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201210322
<br /> DEED OF TRUST
<br /> Loan No: 872056453 (COiltirtued) Page 5
<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 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 properYy so sold, but without any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shall be condusive proof of the truthfiulness 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 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) all sums expended under the terms ofi 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 charges, (ii) all
<br /> other sums then secured nereby, and (iii) the remainder, if any, to the person or persons legally entitled
<br /> thereto.
<br /> (c1 Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not 6cclusive_ Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligaiions 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 ofi the Related DocumeMs, or under any other
<br /> agreement or any laws now or hereafter in force; notwitnstanding, some or all of such indebtedness and
<br /> obligations secured by this Deed of Trust rnay now or hereafter be otherwise secured, whether by mortgage, deed
<br /> of trust, pledge, lien, assignment or otnerwise. fVeither the acceptance of this Deed of Trust nor its enforcement,
<br /> whether by court action or pursuant to fhe 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 agreed that Trustee and Lender, and each of them, shall be entitled to
<br /> enforce tnis Deed of Trust and any other security now or he�reafter held by Lender or Trustee in sucn order and
<br /> manner as tney 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 this Deed of Trust or by law
<br /> provided or permitted, but each shall be cumulative and shall be in addition to eve�y otner 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 or independently, from time to time and as often as may be
<br /> deemed expedient by T�ustee 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 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 of Ttust,
<br /> after Trustor's fiailure to do so, that deciSion by Lender will not 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 Notice of Defiault
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set fotth in the first
<br /> paragraph of this Deed of 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 i�nvoWed, and to the eMent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necess8ry at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable o�demand and shall bear
<br /> interest at the Credit Agreement rate from the date of the expendiiure until repaid. Expenses covered by this
<br /> paragraph include, without Iimitation, however subject to any limits under applicable law, Lender's attomeys' fees
<br /> and Lender's legal expenses, whether or not there is a lawsuit, induding 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 /> foreclosure reports), surveyors` reports, and appraisaf fees, title insurance, and fees for the Trustee, to the e�ctent
<br /> permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by Iaw.
<br /> Rights of Trustee. Trus[ee 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 ihe powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> � � Powers ofi 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 written 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 the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Ptoperty; and (c) join in any
<br /> ' subordination or other agreement affecting this Deed of Trust or the interest of Lend:er 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 nave tne right to
<br /> foreclose 6y notice and sale, and Lender will have the rignt to foreclose by judicial foredosure, in either case in
<br /> accordance with and to the full extent provi�ded 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 instrument executed and acknowledged by Lender and recorded in the
<br /> office of the recotder of HALL County, State of Nebraska The instrument shall contain, in addition to all other
<br /> matters required by state law, the names ofi the original Lender, Trustee, and Trustor, the book and page (or
<br /> computer system reference) where tnis Deed of Trust is recorded, and the� name and address of the successor
<br /> trustee, and the insirument shall be executed and acknowledged by all the benefici�aries under this Deed of Trusi or
<br /> their successors in interest. The successor trustee, without conveyance of the Property, shall succeed Yo all the
<br /> title, power, and duties conferred upon the Trustee in tnis Deed of Trust and by applicable law. This procedure for
<br /> substiYution of Trustee shall govern to the exclusion of all otner provisions fior substitution.
<br /> NOTICES. Any notice required to be given.under this Deed of Trust, including withouf lim.itation any notice of defiault
<br /> and any notice of sale shall be given in writing, and sF�all be effective when actually delivered; when actually received
<br /> by telefacsimile (unless otherwise required by law), whert deposited with a nationally recognized overnignt courier, or, if
<br /> mailed, when deposited in the United SYates mail, as fiirst class, certified or registered mail postage prepaid, directed to
<br /> tne addresses stiown near tne beginning of tnis Deed of Trust.. All copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the begi.nning of
<br /> this Deed ofi Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written notice to the otner person or persons, specifying tnat the purpose of the notice is to change the person`s
<br /> address. For notice purposes,Trustor agrees to keep Lender informed at alI times of Trustor`s current address. Unless
<br /> otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS_ The fiollowing miscellaneous provisions are a part of this Deed of Trust:
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