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' 201404120
<br /> ' D�ED G�F 7RU�T
<br /> (Continued)' Pa�e �'
<br /> af Trust, all in such order as Lender rnay determine. The errtering upon and taking possession of the
<br /> Property, the coliection of such rents, issues and profits, and the application''thereof shall not cure ar
<br /> waive any default or notice of default under this Deed of Trust c�r invafidate any act done in response to
<br /> such default or pursuant to such notice of default;and, notwithstanding the co�ti�uance in�ssession of
<br /> the'Propetty or the collection, receipt and application of rents; issues or profits, Trustee or Lender shall'
<br /> be'entitied to exercise euery'right provided for in the'Credit Agreement or the'Related'Documents or by
<br /> law upon the occurrence of any event of default, ineluding the,right to exercise the power of sale;
<br /> (b) Cornmence an action to foreclose this Deed of Trust as a mortgage, appoint a recei�sr or specificaily
<br /> e�forcc any'of the cowenants hereofi;and
<br /> (c},',Deliver to Trustee a written declaration of'defauit and demand far sale and a written'notice of defaulf
<br /> and election to cause Trustoe's interest in the''Propetty to be sold,whieh notice''Trustee`shall cause to be
<br /> duly filed fpr record in the appropriate o�ces of the County in whieh the Property is located;and'
<br /> (d),'VWith respect to all or any part of the PersQnai Property, Lender shall have ali the rights and eemedies
<br /> of a seeured party under the��INebraska Uniform Cc�mmercial Code.
<br /> 'Foreclosure by Power af 5ale. If Lender elects to foreclose by exercise ofi the Pawer of Sale herein contained;'
<br /> `Lender shall notify Trustee and shali depasit with''Trustee'this Deed of Trust and the Credit Agreement and
<br /> 'such receipts and evidence of expenditures made and secured by th'is Deetl of 7rust as Trustee may require. '
<br /> (a),'Upon receipt af sueh notice from Lender,Trustee shafl cause to be reeordecl,published and defivered'
<br /> tcr Trustor such Notice of Default and No#ice of Saie as then required,by law and by this Deed of Trust.'
<br /> 7rustee shall, without demand on Trustor, after such time as may then be required by law and after
<br /> recordation of such'Natice of DefaulY'and after Notir,�'of Sale'having been given as required by''taw, sell''
<br /> the'Property at the'Yime and piace of sale fixed by it in such Notice'of Sale,'either as a whole, ar in'
<br /> separate lo#s or parcels or items as Trustee shail deem expedient,and'in such ortler as it may tletermine,'
<br /> at pubiic auction ta the highest bidder For cash in lawful money of the'United States payable at'the time'
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereof its good antl sufficient''tleed or'
<br /> deeds conveying the property so sofd, but withQut 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#hsreof. Any'
<br /> person,indutling withaut limitation Trustor,Trustee,Qr Lender,may purch�se 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 af evidence of title in connection with sale,Trustee shall apply thelproceeds df sale'
<br /> to payment'of (i) all sums expended under the terms of this'Deed of Trust car under fhe terms of the'
<br /> Gredit Agreement not then repaid, incfuding but not limitetl ta'accrued'interesYand late charges, (ii}all'
<br /> other sums then secure� hereby, and,' (iii}ihe'remainder, if any, to the',geeson or persons legally entitled'
<br /> thereto.
<br /> {c) 'Trustee'may in the rr�nner provided lay law postpone sale of al]or any portion of the Properly.
<br /> Remedies Not Exclusiue. 7rustee and Lender, and each of them, shall be entitled to enforce payment and'
<br /> performance af any indebtetlness or obligations'secured'by this Deed of Trust and to exercise all rights and powers''
<br /> under this Deetl of Trust, under the Credit Agreement,,'under any of the Related DocumenYs, or'under any other'
<br /> agreement o� any laws now ar hereafter in' force; ,notwithstanding,'sorne or all af'such indebtedness and'
<br /> obligations secured by this Deed of Trust may now or hereafter'be otherwise secured,whether by marfgage,deed'
<br /> of trust, pledge, lien,;,assignment or otherwise.' Neithar'the acceptance of this Deed of Trust nor'its enforcerne�t,','
<br /> whether by court actian or pursuant to the power of sale pr other pvwers contained in'this Deed of Trust, shall'
<br /> prejudice or in any manner affect Trustee°s or Lentler's'right to'realize upon pr enfo�ce any other security now or''
<br /> hereafter held by Trustee or Lender, it being agreed thaf Trustee and Lender,and;,each of>.them,shal3 be entitled to>�
<br /> enforce this Deed of Trust and any Qther security now'ar hereafter held by Lender or Trustee in such o�der and''
<br /> manner as they car either af them may in their absolute disceeYion determine: No remedy ao�ferred upon or'
<br /> resecved to Trustee or Lender, is intended tv be exclusive of any other remedy in this Deed of'Trust or by law'
<br /> provitled or permitted', but each shall be cumulative and shali be in addition to 'every other remetly given in this'
<br /> Deed af 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 af the Related Documents to Trustee or Lender or to which' either of them 'may be'
<br /> athenvise entitled, may be exercised, concurrently or ii}dependently, from time'to time'and as often as''may be
<br /> deemed expedient by,Trustee or Lender, and either of'therrz may pursue inconsistent eemedies.' Nothing in this'
<br /> Deed of Trust shall be construed as prohibiting'Lender from seeking a deficiency judgment against the Trustor to'
<br /> the extent such action is permitted by law.
<br /> Election of Remedies. All of Lentlers rights and remedies wiil be curnulative'and may be exercised alone or
<br /> together. If Lender decides to spend money or tcs perform any''csf Trustor's obligations under this Deed of Trust,''
<br /> after'Trustor's failure''to do so, that decision by Lender'will ncat'affect Lender's,right to declare Trustor in de#au{t''
<br /> and to exercise Lender`s remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Le�der, hereby requests that a capy of any Notice of Defauft`
<br /> anci a cQpy of any Notice of Sale under this Deed of Trust 6e mailed to them at the addresses set'forth in'the first''
<br /> paragraph of this Qeed of Trust.
<br /> Attorneys' Fees; �xpensss. If Lender irtstitutes any suit or action to enforce any af the terms af this Deetl of
<br /> Trust, Lender shall be'sntitled ta recover such sum as the court'may adjudge reasonabEe as attorneys'fees at trial''
<br /> and upon any appeal:' Whether ar nat any eourt aciion is inuol�ed, and to the'e�ctent not prohibited by'law, all'
<br /> reasonabfe expenses'L.ender incurs that in Lender's opinion are necessary at any time Ifor the ,protection of its''
<br /> interest or the enforeement of'its rights shall became a,part oF the Endebtedness payable on demantl antl snai!bear''
<br /> interest at the Credit',Agreernent rate from the date of the expenditure until repaid. Expe�ses'eovered''by this'
<br /> paragraph include,without limitation, however subjecfi to any Iimits under applicabfe law,',Lender's attorneys'fees'
<br /> and 'Lender's', legal expertses,' whethef ar not' there is a lawsuit, including attorneys',' fees and expenses for'
<br /> bankruptcy proeeedings(induding efforts to modify or vacate any automatic stay or injunetianj, appeals,and any'
<br /> antiCipated post judgmert catlection services,'Yhe eost of searching reccird5, obtainin� fitfe reports (inclueling''
<br /> foreclosure reports), surveyors'reporks, and appraisai fees, titfe''insurance, and fees for the Trustee,ta the extent>
<br /> permitted by applicable[avv. 7rustor also will pay any court costs,in addition ta�II other Sums prQvidetl by'law.
<br /> Rights af Trustee. Trustee shali have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND �BLI�ATIONS OF TRUSTEE: The following provisions relating to the powers and obiigafions of'Trustee'
<br /> are part of khis Deed of Trust:
<br /> Powers of Trustee. I�addition to all powers of Trustee arising as a matfer of law, Trustee shall have the power to'
<br /> take'the following actions with respect'to the Property upon the'written,request of Lender and Trustoc (a}join in''
<br /> preparing and filing a''map or'plat of the Real'Property', including the dedication'of streets or other rights to the''
<br /> pubfie; (b) join in granting any easement or creati�g any restriction 4n the Real Property; and (c� join in any'
<br /> subordination'or oiher'',agreement affecting this'Deed of Trust or the interest ot Lender under this Deed of Trust.
<br /> Trustee, T�ustee shafl meeY all qualifieations reqeaired for Trustee under appiicable law. `In addition to the rights '
<br /> and remedies set#orth above,``with respect to all or any parC of the Properfy, the Trustee shall have the','nght to '
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