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201211098
<br /> DEED OF TRUST
<br /> Loan No: 872058923 (Continued) 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 defaulY
<br /> and election to cause Trusto�'s interest in the Property to be sold, which notice Trustee shall cause to be
<br /> duly filed for record in the appropriate offices ofi the County 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 Unifiorm Commercial Code.
<br /> Fo[eclosure 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 may require.
<br /> (a) Upon receipY of such notice from Lender,Trustee shall cause to be recorded, published and defivered
<br /> to Trustor such Notice of Default and Notice��of Sale as then requited 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 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 a whole, or in
<br /> separate lots or parcels or items as Trustee snall deem expedient, and in such order as it may determine,
<br /> at public auction to the hignest bidder fior cash in lawful money ofi 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 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 /> (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 tifle 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 /> Credii Agreement not then repaid, including but not limited to accrued interest and fate charges, (ii) all
<br /> otner sums tnen 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 alI or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enfiorce payment and
<br /> performance of any indebtedness or obligations secured by this Deed o#Trust and to exercise aII 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, Iien, 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, snall
<br /> prejudice or in any manner affect Trustee's or Lender's righi 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, shalf be entitled to
<br /> enforce ihis 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 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 ofi Trust or now or hereafter existing at law or in equity ot 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 entiiled, 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 ofi Trust shall be cons'trued as prohibiting Lender from seeking a deficiency judgment against the Trustor to
<br /> the eMent such action is permitted by law. .
<br /> Election of Remedies. All of Lender's rights and remedies wiil be cumulative and may be exercised alone or
<br /> iogether. !f Lender decides to spend money or to perfo�m any of Trustor's obligations under this Deed of Trust,
<br /> after Trustor's failure to do so, that decision by Lender will not afifect Lender's right to dedare Trustor in defauk
<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 Safe under this Deed of Trust be mailed to them at the addresses set forth in the fiirst
<br /> pa:ragraph of this Deed of Trust..
<br /> Attorneys' Fees; Expenses. If Lender instituies any suit o[ action to enforce any of ihe terms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attomeys' fees at tri�al
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, aIl
<br /> reasonable expenses Lender incurs ihat in Lender's opinion are necessary at any time fior the protection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Credit Agreement rate ftom the date of the expenditure until repaid. Expenses covered by this
<br /> paragraph indude, without limitation, however subject to any limits under applicable law, LendePs attorneys' fees
<br /> and Lender's Iegal 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 postyudgment collection services, the cost of searching records, obtaining title reports (including
<br /> foredosute reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the e�ctent
<br /> permiYYed by applicable Iaw. Trustor also will pay any court costs, in addition to all other sums provided by Iaw.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set fiorth 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 addetion to all powers of Trustee arising as a matter of�law,Trustee shall have ihe power to�
<br /> take the following acYions 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 ofi 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 affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> . TrusYee. Trustee shall meet all qualifications required fior Trustee.under applica6le 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 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 by applicable law..
<br /> Successor Trustee_ Lender, at Lender's option, may from tim�e 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 ofi the recorder of HALL County, State of Nebraska. The instrument shall coMain, 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 referenee) where this Deed of Trust is recorded, and the name and address of the successor
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