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��14�4131
<br /> DEED C]F TRIJST
<br /> �Cont�nued� Page 7
<br /> under this �eed ❑f Trust, under the Credit Agreem�nt, under any of the Related Documen�s, ❑r under any other
<br /> agreement or any laws n�w or hereafter in #orce; notwithstanding, some or all of such indebtedness and
<br /> obligations secured by this Deed af Trust may now ar hereafte� tae otherwise secured, whether by mortgage, deed
<br /> af �rust, pledge, iien, assignment or otherwise. Neither the acceptance ofi this Deed of Trust nor i�s en#arcement,
<br /> whe�her by court action ❑r pursuan� t❑ �he power ❑f sale or o�her pawers contained in this Deed of Trus�, shal�
<br /> prejudice vr in any manner affect Trustee's or Lender's right to rea��ze upon ❑r enforce any �ther security now �r
<br /> herea�ter held by Trus�ee or Lender, it being agreed tha�Trustee and Lender, and each of them, shall be ent�tled to
<br /> enforce this Deed ❑f Trust and any other se�urity naw or herea�ter held by Lender or Trustee in such ❑rder and
<br /> manner as they ar either o� them may in �hei� absolute discretton determine. No remedy conferred upan ar
<br /> reser�ed to Trustee or Lender, is intended to be exclusi�e of any other remedy in this Deed ❑f Trust or hy law
<br /> pro�ided ❑r permitted, but ea�h shall be cumula�i�e and shal� be in add�tion fio e�e�y other remedy gi�en in this
<br />' Deed af Trust or now or hereafter existing at law or in equity ar by statute. E�ery power or �emedy gi�en by �h�
<br /> Credit Agreement �r any o# the R�lated D�cuments to Trustee or Lender o� to which either of them may be
<br /> atherwise entit�ed, may be exercised, cancurrently ar independently, from time to time and as ❑�ten as may be
<br /> deemed expedient by Trustee or Lender, and either of them may pursue in�onsisten� remedies. Nothin� in �his
<br /> Deed of Trust sha�l be cvnstrued as prohii�iting Lender from seeking a de#iciency�udgment against the Trustar ta
<br /> the extent such action is permitted by law.
<br /> E[ection of Remedies. A�� of Lender`s rights and remedies will be cumulati�e and may be exe�cised alone or
<br /> together. !fi Lender decides ta spend money or t❑ perfarm any a� Trustor's vbligatians under this ❑eed of Trus�,
<br /> after Trustor's failure �o do so, �hat decisinn by Lende� will not affect Lendsr's r�ght t� dec�are Trustvr in defauit
<br /> and �a exercise Lender's remedies.
<br /> Request for Notice. Trustor, an behal#vf Trustar and Lender, hereby requests tha� a c�py af any Natice af Default
<br /> and a copy af any Natice af Sale under this Deed fl#Trust be mailed to �hem at�he addresses set fiorth in the #irst
<br /> paragraph of xhis Deed afi Trust.
<br /> Attorneys' Fees: Expenses. If Lender institu�es any suit or ac�ion �o enfarce any of the �erms af this De�d af
<br /> Trust, Lender shall be enti�let� t❑ recover such sum as �he court may adjudge reasonable as attorneys' fees at �rial
<br /> and upon any appeal. Whether or not any cour� ac�ian is in��l�ed, and �o the sxten� n�t prohibited by €aw, all
<br /> reasanable expenses Lender incurs thax in Lender's opinion are necessary at any time #ar the prote�tion af its
<br /> interest or the en#orcement af its righ�s shall become a part o�the lndebtedness payab�e on demand and shall bear
<br /> �nteres� at the �red'€t Agreement ra�e from the date of the expenditur� until repaid. Expenses ca�ered by this
<br /> paragraph include, without limitation, hawe�er subject �o any �imits under applicable law, Lender's attarneys' fe�s
<br /> and Lender's legal expenses, whether or not there is a lawsu�t, including attorneys' fees and expenses for
<br /> bankrup�cy praceedings tincluding ef#vrts to modi�y or �a�a�e any automatic stay ❑r injunct�vny, appeals, and any
<br /> anticipated post-�udgment callection ser�ices, the cast af searching records, obtaining tit�e reports �inc�uding
<br /> fnreclosure reports�r 5U�'VC:�IC31'S� reports, and appraisal �ees, title insurance, and �ees #or the Trustee, to the extent
<br /> permitted by applicable law. Trustor also will pay any court cas�s, in addition to all ather sums pro�ided by law.
<br /> Rights of Trustee. Trustee sha[1 ha�e a!I vfi�he rights and duties��Lender as set forth in this section.
<br /> P�]WERS AND DSLIGATI�NS �F TRUSTEE, The �ollowing pro�isions relating to the pawers and abliga�ions of Trus�ee
<br /> are part o#this aeed af Trust:
<br /> Powers vf Trustee. In additi�n to all powe�s �f Trus�ee aris�ng as a matter❑f law, Trustee sha�f ha�e the power ta
<br /> take the �ollowing actions with respect to the Property upon the written request af Lender and Trustor: �a} jain in
<br /> preparing and f�ling a map �r plat of the Real Property, €ncludin� the dedication ❑� streets vr o�her rights to the
<br /> public; �b} j�in in gran�ing any easement or �reating any res�riction on the Real Prop��ty; and �c� jain in any
<br /> subordination ❑r other agreement a�feCt�ng this Deed o�Trust o�the in�erest�f Lender under this Deed ofi Trust.
<br /> Trustee. Trustee sha11 meet all qualifications required far Trustee under applicable law. ln additi�n to the rights
<br /> and remedies set fv�th aba��, with respe�t to a11 or any part of the Prvper�y, the Trustee sha11 ha�e �he right to
<br /> foreclase by na�ice and sale, and Lender will ha�e the r�ght ta farecl�se by judicial fareclasure, in either case in
<br /> accordance with and t��he full extent pro�ided by applicab(e law.
<br /> Successor Trus�ee. Lender, at Lender's aption, may �r�m time to tim� appflint a suc�essor Truste� ta any Trustee
<br /> appointed under this Deed ofi Trus� by an ins�rument executed and ackn�wledged by Lender and recorded in the
<br /> affice a� �he record�r of HALL County, Stat� flf Nebraska. The instrument shall cantain, in addition t❑ a!I other
<br /> ma�ters required by state law, the names o� the original Lender, Trustee, and Trustor, the bfl�k and page {or
<br /> cvmput�r sys�em referen�e� where this �3eed of Trust is re�orded, and the name and address of �he successar
<br /> trustee, and the instrument shall be execu�ed and a�knowledged by all the ben�ficiaries under this ❑eed of Trust or
<br /> the�r successors �n interest. The successor �rustee, withaut con�eyance af the �roperty, shall succeed to aIl the
<br /> �it�e, power, and duties confierred upon the Trus#ee in this [�eed af Trust and by applicable �aw. This procedure fvr
<br /> substitution of Trus�ee shall go�ern�o the exclusian o�all other pro�isians for substttution.
<br /> NDTICES. Any notice required to be gi�en under this Deed of Trust, including without limifation any natice ❑f d��ault
<br /> and any notice of sale shall be gi��n in wr€ting, and shall be effecti�e when ac�uaily deli�ered, when actually �ecei�ed
<br /> by t�lefacsim�le �unless ❑therwise required by law}, when deposited with a nationally recvgnized o�ernight caurie�, ❑r, ifi
<br /> mailed, when depasited in the United 5ta�es mail, as first c�ass, certified or registered mail postage prepaid, d�rected �o
<br /> the addresses shown near the beginning o� �his Deed afi Trust. A�� copies of noti�es o# �oreclosure from the holder ❑f
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