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��14�3795
<br /> DEED �F TRU�T
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<br /> such defau��or pursuant�o such notice o�default; and, no#withstand�ng the continuance in possession of
<br /> the Prope�ty or the c�llection, reeeipt and app[ication v�rents, issues o� profits, Trustee �r Lender sha�l
<br /> be en�itled to ex�rcise e�ery righ# pro�ided �or in the �redit Agreement o�the Rela�ed Documents or by
<br /> 1aw upon fhe occurrence of any e�ent o�F de�aul�, incfud�ng#h� right fo exercise the po►nrer of sale;
<br /> �b} �ommence an a�tion �n foreclose th�s De�d of Trus#as a mortgage, appoint a recei�er or specifically
<br /> enfvrce any of the ca�enants her�of;and
<br /> �c} ❑el��er to Trustee a wr�tten deciarat�on of defau��and demand�or sale and a wri##en no�ice of de�aul�
<br /> and elect'ron ta cause Trustor's inte�es��n the Praper�y ta be sold,which notice Trustee sha�l cause tv be
<br /> duly fi�ed for recor�in�he appropriate a�fices of the Coun�y in which the Property is lacated;and
<br /> �d} VV�th respect�a all or any part af the Persona[ Properky, Lender shal� have al!the rights and remedies
<br /> v�a secured par�y under�he Nebraska Uniforrn Commereial�ode.
<br /> Foreclosure by Power of Saie, Ifi Lend�r elects to foreclose by exercise af the Powe�of Sale herein conta�ned,
<br /> Lender shail notifiy Trustee and shall depas�t wi�h T�-uste� this ❑eed o�r Trust and the Credit Agreement and
<br /> such receipts and e�idence v�expenditures made and seGured by this ❑eed o�Trus#as Truste�may require.
<br /> �a} Upon receipt o�such notice�'ram Lender, Trustee shall cause to be �ecarded, pub�iished and deliv�red
<br /> ta Trus�ar suGh No�ice o�Default and Na��ce v�Sale as then required by iaw and by�his Deed of Trust.
<br /> Trustee sha[I, without demand on Trustor, aft�r sueh time as may then be required by law and after
<br /> recordation of such Nvtice o�De#'ault and aft�:r Natice ❑f Saie ha�ing been gi�en as required by law, sell
<br /> the Prope�ty at th� �ime and piace of sale fxed by �t in such No�ice of Sa�e, ei#her as a whole, or in
<br /> separaf�lots or parcels or i�ems as Trustee shall deem expe�ient, and in such arder as i�may determ[ne,
<br /> at public auction to the highest bidder f�r cash in law�ul money❑f the United States payable at the time
<br /> of sa�e. Trustee shall d�1i�e� to such purchaser ar purchasers thereof its goad and sufficient deed or
<br /> deeds con�eying the property s❑ soid, bu�wi�hout any co�enant or warranty, express or �mplied. The
<br /> recita�s in such deed vf any matters ar fiacts shall be concfusive prvo�of the truthfu[ness thereafi. Any
<br /> person, �ncluding withaut I�mitation Trustor,Trustee,or Lende�, may purchase at such sa�e.
<br /> (b} As may be permitted by law, after dec�ucting a�l �osts, '�e�s and expenses of Trustee and of this
<br /> Trust, including costs of evidence of title�n conne��ion with safe,Trus�ee sha�l apply the proceeds of sale
<br /> ta payment o� �i} all sums expended under �he terms af this Deed a�Tr�ust or under the te�ms of the
<br /> Credi# Agreement not then repaid, ineiuding but not limited to acc�-ued interes� and iate cha�ges, �ii} all
<br /> ather sums then secured hereby, and �ii�}#he remainder, if any, to the person or persons legal�y entitled .
<br /> �hereto.
<br /> �c} Trustee may in the manne�pravid�d by law pos�pane sal�of all or any par�ion of the Prop�r�y.
<br /> Remedies Not Exciusive. Trustee and Lender, and �ach of them, shall be en�itled to enfa�ce payment and
<br /> per�ormance of any indebtedness vr obligatians secured by�his ❑eed af Trus#and�o exercise all rights and powers
<br /> und�r this �eed of Trus#, under #he Cr�dit Agrsemen#, under any o��he Re�afed ❑ocuments, or und�r any ather
<br /> ag�eement or any laws naw or hereafte� in force; notwithstanding, sorne or all of such ind�btedness and
<br /> obligations secured by th�s Deed of Trust may now or hersafter b�othenluise secured, whether by mortgage, deed
<br /> o�t�ust, pledge, lien, assignrnent or otherw�se. Nei�her#he ac��ptance a�this ❑eed af Trust nor its enforcemen#,
<br /> whe�her by cou�t action or pursuant to the pawer of sale or other powers con�ained in this Deed of Trust, shail
<br /> pre�udice or �n any rnanner affec�Trusfiee's or Lender's right to reali�e upon or enforce any other security naw or
<br /> hereafter held by Trustee or Lender, Et being agreed that Trustee and Lender, and each of th�m, shall be en�it�ed�o
<br /> enfarce �his Deed of Trust and any ��her securi�y nvw �r hereafter he�d by Lender or Trustee �n such arder and
<br /> manner as they vr either o� th�m may �n their absoiu#e discretian d�termine. No remedy cvnferred upon or
<br /> reserved ta T�ustee or Lender, is intended tfl be exc�usi�e of any other rernedy €n this Deed of Trust or by �aw
<br /> p�-o�id�d or permitted, but each shall be cumula���e and shall be in addi�ion �o e�ery o#he�- remedy gi�en in this
<br /> Deed of Trust or now or hereaftet�exis�ing at iaw or in equi�y or by statu�e. E�ery power or remedy gi�en by the
<br /> ��edit Agr�ement or any o� the Relaf�d �ocuments to Trustee or Lender or t� which either of them may b�
<br /> othen�vise entitled, may be �xercised, concurrently or independently, #rorn time t� time and as often as may be
<br /> deem�d expedien# by Trustee or Lender, and e�ther o��hsm may pursue �nconsistent remedies. Nothing in this
<br /> ❑eed a€Trus# shaf! b� construed as prahibi�ing Lender from seeking a defi�iency judgmen�against the Trustor to
<br /> the�x�ent such a�tian is permitfed by law.
<br /> Elec#ivn o� Remed�es. AI! ❑f Lender's righ�s and remedies wi�l be curnuiati�e and may b� exercised alone or
<br /> together, �� Lender dec�des to spend maney or to per�o�m any of Trus#ar`s ob(igations under this D�ed af Trus�,
<br /> after Trustor's fai�ure to do so, that decision by Lender wiii not affect Lende�'s right ta deciare Trustor in defaul�
<br /> and to exercise Lender's remedies.
<br /> Reques!fvr Nv�ice. Trustar, on beha[f of Trustor and Lend�r, he�eby r�ques#s that a copy of any Notice o�❑efaul#
<br /> and a capy af any Notice of 5ale und�r#his Deed of Trust be maiied ta#hem at the addresses set forth in the first
<br /> paragraph of this ❑eed o#Trust. _
<br /> Attorneys' Fees; Expenses. !�F �ender insfi�#utes any suit or action ta �t�for�� any of the terms of this �]�ed ofi
<br /> Trust, L�nder shall be entitled to re�over such sum as fhe cou�t may adjudge reasanable as attorneys'fees at tr�a!
<br /> and upan any appeal. Whether or not any �ourt activn �s in�vi�ed, and to �he �x��n# no# prohibited �y �aw, al!
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