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201404008
<br /> DEED OF TRUST
<br /> Loan No: 872059669 (Contin�ed) Page 5
<br /> (b} CommenCe an action#o foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically
<br /> enforce any of the covenants hereof; and
<br /> {c) Deli�er to Trustee a written declaration of default and demand for sale and a written natice of default
<br /> and election to ca�se Trustor's interest in the Property to be so]d, which notice Trustee shall cause to be
<br /> duly filed for record in the appropriate offices af the County in which the Property is located; and
<br /> (d} �th respect to all or any part of the Personaf Property, Lender shall have aA the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Forec[osure by Power of Sale. Ef Lender elects to foredase by exeroise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee and sha][ deposit with Trustee this �eed of Trust and the Credit Agreemen# and
<br /> such receipts and evidence of exper�ditures made and secured by Ehis Deed of Trust as Trustee may require.
<br /> {a) Upon receipt of sueh notice from Lender, Trustee shap cause ta be recorded, published and delivered
<br /> to Trustor such Notice of Default and Notice ofi Sale as then required by law a�d 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 /> recordatian of such Notice of �efault and after f�otice of 5ale having 6een g9ven as required by law, sell
<br /> the Property at the time and place of safe fixed by it in such Notice of Sale, 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 p�b[ic auctio�to the highest bidder for cash in lawfu! money of the United Sta#es payable at the time
<br /> of sale, Trustee sha[I deliver to such p�rchaser or pvrchasers thereof its good and sufficient deed ar
<br /> deeds conveying the property so sold, but without any cavenant or warranty, express or implied. The
<br /> recitals in such c[eed of any matters or facts shal[ be conclusive proof of ihe truthfulness thereof. Any
<br /> person, including without[imitation 7rustor,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 /> Tr�st, including costs of e�idence of title in connection with sale,1'rustee shall app[y the procesds of sale
<br /> to payment of ii} �1� sums expended under the terms of this Deed of Trust or under the terms of the
<br /> Credit Agreement not then repaid, including but not limited Yo accrued interest and late charges, (ii] all
<br /> other sums then secured hereEsy, and {iii} the remainder, if any, to the person or persons legelly entitled
<br /> thereto.
<br /> fc} Trustee rnay ir�the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not 6cclr�sive. Trustee and E.ender, and eacf� of them, shall be enTitled #o enforce payment and
<br /> performance of any inde6tedness or o6ligations 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 of the Related Documents, or under any other
<br /> agreernent or any laws now or hereafter in force; notwithstanding, some or a][ o'f such indebtedness and
<br /> obEigations secured 6y#his Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, desd
<br /> of tr�st, pledge, ]ien, assignmenT or otherwise. �Eeither the acceptance of this �sed of Trust nor its enforcement,
<br /> whether by caurt action or pursuant to the pawer 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 secur9ty now or
<br /> hereafter Yeeld by Trustes or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitleci to
<br /> enforee this Deed of 7rust ard any ather 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. I�o remedy conferred upon or
<br /> reserved to Trustee or Lender, is intended ta be exclusive of any other remedy in this Deed of Trust or by law
<br /> provided or permitted, but each shall be cumulat9ve and sha][ be in addition #o every other remedy given in this
<br /> Deed of 7rust or now or hereafter existing et law or in equity ar by statute. Every power or remedy given by the
<br /> Credit Agreement or any of the Refated Documents to Trustee or Lender or to which either of them may be
<br /> oEherwise entitfed, may be exercised, concurrent[y or independently, from time to time and as often as may be
<br /> deemed expedient by 7rustee or Lender, and either o�F them may pursue inconsistent remedies. Nothing ir� this
<br /> Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against tha Trustor to
<br /> the extent such action is permitted by iaw.
<br /> E[ection of Remedies. All of Lender's rights and remedies will be cvmulative and may be exercised alane or
<br /> together. [f Lender decides to spenc[ money or to perforrri any of 7rus#or'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 7r�stor in defau[t
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor, on behalf of Trustor and Lender, [�ereby requests that a copy o#any Notice of Defau[t
<br /> and a copy ot any fVotice of Sale under this Deed of Trust be mailed to them et the addresses set farth in the first
<br /> paragraph of t[�is beed of Tre�st.
<br /> Attorneys' Fees; �xpenses. If Lender ins#itutes any suit or action ta enforce any of the terms of this Deed of
<br /> Trust, Lender shaU be entit[ed to recover such sum as the court may adj�dge reasonable as attorneys' fees at tria[
<br /> and upon any appeal. Whether or no# any court action is invofved, and to the extent no# prohibited by law, a][
<br /> reasonable expenses Lender incurs that in Lender's ap9nion are necessary at any time for the protection of its
<br /> interest or the enforoemeRt of its rights shall E�ecome a part af the Indebtectness payable on demand and shafl bear
<br /> interest at the Credit Agreement rate from the date of ihe expenditure until repaid. F�cpenses covered by this
<br /> paragraph include, without limitation, however subJect to any limits under applicab[e [aw, Lender's attorneys' fees
<br /> and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expanses for
<br /> bankruptcy procesdings [including ef�Forts to modify or vacate any automatic s#ay or injunction], appeals, and any
<br /> ar�ticipaied pasi j�tdgment collection services, the cost of searching records, obYaining title reports (inoluding
<br /> foreclosure reports}, surveyars' reports, and appraisa[ fees, title insurance, and fees for the Truscee, to the extent
<br /> permitted by applica6le Eaw. Trustor also wiil pay any court costs, in addition to a!I other sums provided by law.
<br /> Rights of Trustee. Trustee shall have a11 of the rights and duties of Lender as set forth in this section.
<br /> PDWERS AN� OBLIGATIOHS OF TRUSTEE. The following provisions relating to the powers and abligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of�rustee. In addition to all powers of Trustee arising as a matter of law, Trustee sha[I ha�e the power to
<br /> take the #o[lowing actions with respect to the Property upon the written request of Lender and Trustor. [a1 join in
<br /> preparing and filing a map or plat of #he Real Property, induding the dedication of streets or other rights to the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Property; and [cl join in any
<br /> setbordination ar p#her agreement affecting this Deed of Trust or the interest of Lender under this �eed of Trust.
<br /> Trustee. Trvstee shall meet al] qualifications required for Trustee under app[icable ]aw. ]n addition to the rights
<br /> and remedies sei fortf� above, with respect Fo all or any part of the Property, the Trustee s[�alE have the right #o
<br /> forecfose by notice and sale, and Lender will have the right to foreclose by judicial forec[osure, in either case in
<br /> accardance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Yrustee
<br /> appointed under this Deec[ af Trust by an i�strument executed and acknow[edged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of �[ebraska. The instr�ment shafl contain, in addition to al] other
<br /> matters required by state law, the names of the original Lender, Trustee, and Tr�stor, 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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