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201403958
<br /> DEED OF TRUST
<br /> Loan Np: 872059677 iCont�nued) Page 5
<br /> deerr�s necessary or desirable to preserve the va[ue, marketability or rentability of the Properry, or part of
<br /> the PraperC}r or interest in the Properry; increase the income from the Pro�erty or protect the security of
<br /> the Propesty; and, with or without taking possession of the Property, sue for or otherwise collect the
<br /> rents, 9ssues and profits ❑f the Property, including those past due and unpeid, and apply the same, less
<br /> costs and expenses of operation and collection attorneys` fees,to any indebtedness secured by this �eed
<br /> of Trust, all in such order as Lender may determine. The en'tering upon and taking possession of the
<br /> Property, the collection of sucf� rents, issuss and profiTs, and the application thereof shall not cure or
<br /> waive any default or notice of default under this Deed of Trust or invalidate any act done in rasponse to
<br /> suoh defau[t or pursu�nt to such notice of default; and, notwithstanding the continuance in possassion of
<br /> the Property or the collection, receipt and applicatson of rents, issues or profits, Trustee or Lendar shal[
<br /> be entitlsd to exercise every right provided for in the Credit Agreement ar the Re[ated Documents or by
<br /> law upon tY�e occurrence of any event of default, including the right to exereise the power of sale;
<br /> (b} Commence an action to foreclose this Deed of Trust as a mortgage, appoint a reeeiver or specifically
<br /> enforce any af ihe covenants hereof; and
<br /> (c) Deliver to Trustee a written declaration of default and demand for sale and a written notiee of default
<br /> and election'Eo cause Trustor's interest in the Praperty to be sold, which notice Trustee sha11 cause to be
<br /> du�y filed for record in the appropriate offices of the County in which tha Property is located; and
<br /> {d] With respect to ap or any part of the Persona[ Property, Lender sF�al� have ali the rights and remedies
<br /> of a secured party under tE�e Nebraska Uniform Cammercia[ Cade.
<br /> Foreclosure by Pawer af 5a[e. If Lender elects to foreclose by exercise of the Power of Sale herein contained,
<br /> Lender sha[I notify Trustee and shatl deposit with Trustee tf�is Deed of Trust and tt�e Credit Agreement and
<br /> sucf� receipts and evidence of expenditures mads and secured by this Deed of Trust as Trustee may require.
<br /> (a) Upon receipt of such notice from Lender,Trustee shalf cause to be recorded, pub[ished and delivered
<br /> to Trustor such Natice of �efault and NoTice of Sale as then reqvired by faw and by this �eed of Trust.
<br /> Trustee shal[, without demand on Trustor, after such time as may then be required by law and after
<br /> recordation of such �fotice af Default and after Notice of Sa[e 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 SaEe, either as a whole, or in
<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 5tates payable 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 /> reci#als in sueh deed of any matcers ar facts shall be concfusive proo€ of the truthfulness tf�ereof. Any
<br /> person, including without limitatian Trustor�Trustee, or Lender, may purchase at such sale.
<br /> {b} As may be permit#ed by law, after deducting all casts, fees and expenses of Trustee and of this
<br /> Trust, including costs of evidence of title in connection with sale,TrusYee shal] apply the proceeds of sale
<br /> Eo payment of {i) a[I sums expended undsr the terms of this Deed of Trust or under the terms of the
<br /> Cr�dit AgreemenF r�ot the� repaid, including but not limited to accrued inEerest and late charges, ;ii} alf
<br /> other sums then secured hereby, and ("sii) the remainder, if any, to the person or persons ]egally enYitled
<br /> thereto.
<br /> (c] Trustee may in t[�e manner provided by law postpone sale of all or any portio�of the Property.
<br /> Remedies Not F�cclusi�e. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed af Trust and to exercise al[ rights and powers
<br /> under ttsis Lleed of Trust, under the Credit Agreement, under any of the Re[ated Documents, or under any other
<br /> agreement ar any laws now or f�ereafier 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, piedge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br /> whether hy court action or pursuant to the power of sale or other powers contained in this Deed af 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 he[d 6y Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be 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 Fhey or either of them may in their absolute discretion determine. fVo remsdy conferred upon or
<br /> reserved to "f'rus#ee or Lender, is intended to be exclusive of any othar remedy in Yhis Deed of Trust or 6y law
<br /> provided or permitted, but each sha[I be cumulative and shal] be in addition to s�ery 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 independently, from time to time and as often as may be
<br /> deenzed expedient by Trustee or lender, and either ❑f them may pursue inconsistent remedies. Nothing in this
<br /> �eed of Trust shall be construed as prohibiting Lendsr from seeking a deficiency judgment against the 7rustor to
<br /> the extent such action is permitted by law.
<br /> Election of Remeciies. A11 of Lender's rights and remedies will be cumuEative and rnay be exercised alone or
<br /> together. ]f Lender decides to spend rnoney or to perform any of Trustor's o6ligations �nder this Deed of Trust,
<br /> after 7rustor's failure to do so, that decision by Lender will nat affect Lender's right to declare Trustor in default
<br /> and to exercise l�ender's re�edies.
<br /> Reauest for Natice. 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 TrusF be mailad to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Atrorneys' Fees, E�cpenses. If Lender institutes any suit or action to enforce any of the terms af this Deed of
<br /> Trusi, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at tria]
<br /> and upon any appeal. Whether or �ot any court action is involved, and to the extent not prohil7ited by [aw, al1
<br /> reasanable expenses Lender incurs that in Lender's opinivn are necessary at any time for the protection of its
<br /> intersst or the enforeement of its rights shall becorr;e a part of the IndeE�tedness payable an demand and sha[I bear
<br /> interest at the Credit Agreement rate from the date af the expenditure until repaid. Expenses covered by this
<br /> paragraph include, without limitation, howe�er subject ta any limits under applicabie [aw, Lender's attomeys' fees
<br /> and Lender's legal expenses, whether or nvt tF�ere 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 /> foreclasure reportsl, surveyors' reports, and appraisal fees, title insurance, and fees fior the Trustee, to the extent
<br /> germittec[ by applicable law. Trustor a[so wi[I pay any courC costs, in addition to all aEher sums provided by law.
<br /> fiights of Tr�s#ee. Trustee shall have a[I of the rights and duties of Lender as set forth in this section.
<br /> PpWERS AN� OBlIGATIONS OF TRUSTEE. The following pro�isions retaYing to the powers and obligations o€Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of 7rustee. [n addition ta all powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actipns wit[� 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 Properiy, includsng the dedication of streets or aEher rights to the
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