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201400517
<br /> �EED OF TRUST
<br /> Loan No: 872059459 (COntinUed) Page 5
<br /> {b} Commence an aCtion to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifica[ly
<br /> enforce any of the covenants hereaf; and
<br /> ;c} pe[ivsr ta Trustee a written decfaration of tlefault and demand for sale and a written notice of default
<br /> and election to cause Trustor's interest in t�e Property to be sold, which notice Trustee shall cause to be
<br /> dvly filec€for record in the appropriate offices of the County in which the Property is located; and
<br /> {c�} With respect to all or any part of the Pessonal Property, Lender shall have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of SaEe. ff Lender elects Yo foreclose by exercise of the Aower of Sale herein contained,
<br /> Lender shall noTi�Fy Trustee and sha11 depasit with TrusYee this Deed of Trust and the Cradit Agreement and
<br /> se�ch receipts and evidence of expenditures made and secured by this Deed of Trust as Trustee rr�ay require.
<br /> {a1 Upon receipt of such notice from Lender, Trustee sha[I cause to be recorded, pu6lished and delivered
<br /> to Trustor such Notice of Default and Natiee of Sale as then required by law and by this Deed of Trust.
<br /> Trustee shall, without demand an Trustor, after such time as may then be reauired by law and after
<br /> recordation of such Notice of Default end after Notice of Sale having been gi�en as reqvired 6y law, sell
<br /> the Property ai the time and p[ace of sale fixed by it in such Notiee of Sale, either as a wfiole, or in
<br /> separate [ots or parcels or items as Trustee shall deem expedient, and in such order as it may determine,
<br /> at public auction to the highest biddes for cash in lawful money of tf�e United States payable at the Yime
<br /> of sale. Trustee shafl deliver to such purchaser or purchasers thereof its good and suifiicient deed or
<br /> deeds conveying the property so sold, but without any covenant or warr8nty, express or implied. The
<br /> recitals in such c€eed of any rnatters or facts shall E�s conclusive proof of the truthfulness thereof. Any
<br /> person, inc[uding withaut limitatian Trustor, Trustee, or Lendar, may purchase at such sals.
<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 titfe in connection witi�sa[e,Trustee shall apply the proceeds of sale
<br /> to payment of (i} al1 surr�s expended under the terrr:s af this Deed of irust 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 hereby, and {iii) the remainder, if any, Eo the person or persons legally entitled
<br /> thereto.
<br /> (c] Trustee may in the manner provided by[aw postpone sale of all pr any portion of the Property.
<br /> Remedies IVot Exclusi�e. Trustee arsd Lender, and each of them, shal] 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 this Deed of Trust, under the Gredit Agreeme�i, under any of the Related �ocuments, or under any other
<br /> agreement or any laws now or hereafter in force; notwithstanding, some or all of suc[� indebtedness and
<br /> o�ligations secured by this Deed af Trust may now or hereafker be otherwise secured, whether by mortgage, deed
<br /> of trust, p[edge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforeement,
<br /> whether by court action or pursuant to the powar of sale or other pawers contained in this Deed of Trust, shall
<br /> prejudice or in any manner a�FFect Trustee's or Lender's right to realize upon or enforce any other security now or
<br /> hereafter held by Trustee or Lender, it 6eing agreed that irustee and Lender, arsd each of ihem, shaA be entitled to
<br /> enforce this Deed of Trust and any other secur'sty 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 /> reser�ed to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by �aw
<br /> provided or permitted, but each shal] be cumu[ative and shall be in addition to svery 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 the Related Documents to Trustee or Lender or to which either of them may be
<br /> otherwise entitled, may be exercised, concurrently or independent]y, from time to time and as often as may be
<br /> deemed expedient by TrusFee or Lender, and either of them may pursue inconsistent remedies. Nothing in this
<br /> Deed of Trust shall be construed as prohi6iting Lender €rom seeking a deficisncy judgment against the 7rustor to
<br /> the extent such action is permiYced by law.
<br /> Election af Remeclies. All of Lender's rigf�ts and remedies will be currtuEative and may be exercised alone or
<br /> together. lf 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 default
<br /> and to exercise Lender's remedias.
<br /> Request for Notice. Trustor, on beha[f of Trustor and �ender, herehy requesTs that a copy af any Notice of pefault
<br /> and a copy af any f�otice of Sals under this Deed of Trust bs maifed to them at tE�e 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 /> 7rust, Lender shall be entit[ed to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upan any appeal. Whether ar not any court action is involved, and to the extent not prohibi#ed by law, aU
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for tf�e protection of iEs
<br /> interest or the enfoscement of its rights shal[ become a part of the Indebtedness payak�le on demand and shal] bear
<br /> interest at the Credit Agreerr�ent rate from the date o�F the expenditure until repaid. F�cpenses covered by this
<br /> paragraph include, without limitation, however subject to any limits under applicab[e faw, Lender's attorneys' fees
<br /> and Lender's legal expenses, whether or not there is a lawsuit, including attomeys' fees and exper�ses for
<br /> bankruptcy proceed'sngs [including effarts to modify or vacate any automatic stay ar injunc#ion), appeals, and any
<br /> anticipated posF judgment collection services, the cost of searching records, obiaining title reports {inclvding
<br /> foreclosure reports), surveyors' reports, and appraisal fees, t€tle insurance, and fees for the Trustee, to the extent
<br /> permitted by applicable law. 7rustar also will pay any court costs, in acfdition to a!I other sums provi�ed by[aw.
<br /> Rights of Trustee. Trustes shal[ have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS ANb OBLIGATIONS OF TRUS�fEE. The following provisions relating #o the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers af Trvstee. 1n ac[dition to alE powers of Trustee arising as a matter of]aw,Trustee shal] have the power to
<br /> take the following actions with respect to #he Property vpon the written request of Lender and Trustor: (a) foin in
<br /> preparing and fiting a map or p[at of the Rea! Property, incluc[ing the dedication of streets or other righcs to the
<br /> public; [b1 join in gra�ting 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 /> Trustee. Trustee shal[ mee# a[I qualifications required for Trustee under applicable �aw. [n addition #o the rights
<br /> and remedies sat forYh above, with respect to all or any part of the Property, the Trustee shall fiave the right to
<br /> €orec[ose by notice and sa€e, and Lender will have the righ# to foredose by judicial foreclosure, in either case in
<br /> accordance wiYh and to the full extent provided by applicable law.
<br /> S�ccessor Trustee. Lender, at Lender's option, may from time ta iime appoint a successor Trustee to any Trustee
<br /> appointed under this Deed o#Trust by an instrument executed and acknowledged by Lender and recorded 9n the
<br /> office of ths recorder af HALL County, State of Nel�raska. The instrument shall contain, in addition to afl other
<br /> matters required hy s'Eate 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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