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� 201405339
<br /> DEED O� TRUST
<br /> Loan No; 872059781 (Continued) Page 5
<br /> (b} Commence an action to foreclose this Qeed of Trust as a mortgage, appoint a receiver or specifica][y
<br /> enforce any of the covenants hereof; and
<br /> ic) Deliver to Trustee a written declaration of default and demand for sa[e and a written notice of defau[t
<br /> and election to cause Trustor's interest in the Properry to be sold, whicf� notice irustee sf�all cause to be
<br /> duly filed for record in tite apprapriate offices of the County in which the Property is focated; and
<br /> {d} With respect to all ar any part of the Persona] Proper€y, Lender shall have all the rights aRd remedies
<br /> of a secvred party under the fVebras[ca Uniform Commercial Code.
<br /> ForeclosUre by Power of Sale. �f Lender elects to forec�ose by exercise of the Power of Sals herein contained,
<br /> Lender shal[ notify Trustee and shall depasit with Trustee this Deed of 7rust and the Credit Agreement and
<br /> such raceipts and evidence of expendiYures made and secured by this Deed of Trust as Trustee may require.
<br /> {a] Upon receipt of such notice from Lender,Trustee shall cause to 6e recorded, published and delivered
<br /> to Trustor such �[otice of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br /> Trustee shall, without demand on Trustor, after sucf� time as may Yhen be required by [aw and after
<br /> recordation of such Notice of Defau[# and after fVotice of Sale having beere given as required by law, sell
<br /> the Properry at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in
<br /> separete fots or parcels or items as Trustee shal! deem expedient, and in such order as it may determine,
<br /> at pu6Eic auction to the highest bidder for cash in lawfu] money of the Uni#ed States payabls at the time
<br /> of saEe. Trustee shail deliver to such purchaser or purchasers thereof its good and sufficient deed ar
<br /> deeds conveying the property so sold, bu# without any cavenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shal] be conclusive proof of the truthfulness thereof. Any
<br /> person, inc[uding without limitation Trustor, Trustee, or Lender, may purchase at such sa[e.
<br /> [�y} As may be perrrEitCed by law, after deducting al[ casts, fees and expenses of -frustee and of this
<br /> Trust, including costs of evidence of title in connection with sele,Trustee shail apply#he proceeds of sale
<br /> to payment of (i} all sums expended under the terms of this Deed of Trust or under the terms of the
<br /> Credit Agreement not then repaid, inc[uding but not limited to accrued 9nterest and late charges, iii} afl
<br /> other sums then secured hereby, and [iii) the remainder, if any, to the person or persons fegally entitled
<br /> thereto.
<br /> (c) 7rustee rr�ay in the manner provided by law postpone safe of al] or any portion of the Praperty.
<br /> Remedies �Iot Exclusi�e. Trustee and Lender, and each of therrt, shalf be entitled to eRforce payment and
<br /> performance of any indebtedness or obligations seeured by this �eed of Trust and to exercise aA rights and powers
<br /> under this Deed of Trust, under the Credlt Agreement, under any of the Ftelated Documents, or under any other
<br /> agreement or any laws now or hereafter in farce; notwithstanding, same or all of such indebtedness and
<br /> � ohligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed
<br /> af trust, pledge, lien, assignrr,ent or otherwise. NeiEher the acceptance of this Deed of Trust �or i#s enforcement,
<br /> whether by court actian or pursuani to the power of sale or other powers contained in this Deed of Trust, shal]
<br /> prejudice or in any manner affact Trustee's or Lender's right to realize upan or enforce any other security now or
<br /> hereafCer held by Trustee or Lender, it being agreed t[�at Trus#ee and Lender, and each of them, shall be entitled#o
<br /> enforce this Deed of Trust and any other sece�rity r�ow or hereaiter he[d by Lender or Trustee in such order and
<br /> manner as they ar either of them may in their absofute diseretion determine. No remedy conferred upon or
<br /> reserved to Trustee or Lender, is intendsd ta be exclusive of any other remedy in this Deed af Trust or by law
<br /> provided or permitted, but each shall be cumulative and shal[ be i� addition to every other remedy given in this
<br /> Deed of Trust or now or hereafter existing at law or in equi�y or Esy statute. Every power ar remedy given by Fhe
<br /> Credit AgreemenT or any of the ReEated pocuments ta Trustee or Lender or to which either of them may be
<br /> otherwiss entit[ed, may be exercised, concurrentEy or independently, from time to time and as often as may be
<br /> deemed expedient by 7rustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this
<br /> Deed of Trust shall be construed as prohibiting l.ender from seeking a deficiency judgment against the Trustor�o
<br /> the extent such action is permitted 6y law.
<br /> E[ection of Remedies. A[I ot Lender's rights and remedies wil] be cumu[aYive and may be exercised a[one or
<br /> together. Ef Lender decides Eo spend money or to perform any of Trustor's obligations under this Deed of Trust,
<br /> after Trustor's failure to do so, that decision by l.ender will not affeet Lender's right ta declare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice a#Defau[#
<br /> and a copy of any f�otice of SaEe under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attomeys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this �eed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at triaE
<br /> and upon any appeal. Whether or not any court action 9s invoived, and to the extent not prohibited by faw, al[
<br /> reasona6le expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or ihe enforcement of its rights shall become a part of the ]ndebtedness payable on demand and shall bear
<br /> interest at the Credit Agreement rate from the date of the expenditure unti] repaid. Expenses covered 6y this
<br /> paragraph include, wi#hout limitation, however subject to any limits under applicabfe [aw, Lender's attorneys' fees
<br /> and Lender's legal expenses, whether or not tf�ere is a lawsuit, including attorneys' fees and expenses for
<br /> bankruptcy proceedings [including efforts to modify or vacate any autamatic stey or injunctionl, appeals, and a�y
<br /> anticipated post judgment collection ser�ices, the cost of searching records, obtaining title reports [including
<br /> foreclosure reportsl, surveyors' reports, and appraisa[fiees, title insurance, and fees for the TrusFee, to the e�ent
<br /> permitted by applicable [aw. Trustor atsa wi[I pay any court costs, in addition to all other surr�s provided by law.
<br /> Rights of Trustee. Trustee shall have a11 of the rights and dutiss of Lender as set forth in this section.
<br /> POWERS ANB OBLIGATIOMS OF TRUSTEE_ The following provisions refating to the powers and o6ligations of Trustee
<br /> are part af this Deed of Trust:
<br /> Powers of Trustee. In addiYion ta all powers of Trustee arising as a matter of law, Trustee shall ha�e the power to
<br /> take the fo[lowing actions with respect to the Property upon the written request of Lender and Trustor. Ia} join in
<br /> preparing and filing a map or plat of the Real Property, incEuding the dedication of streets or other rights Yo the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Property; and (c} join in any
<br /> svbordination or other agreement affecting this �eed of Trust or the interest of Lender under this �eed of Trust.
<br /> 7rustee. Trustee shall meet al] qualifications required for Trustee under applicable ]aw. ]n addition ta the rights
<br /> and remedies set farth above, with respect to a[I or any part of the Property, the Trustee shalE have the right #o
<br /> torecEose by notice and sale, and Lender will have the right to foreclose by judicial forec[osure, in either case in
<br /> accordance with and to the�ull extent provided 6y applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may�Frorr�time ta time appoint a svccessor Trustee to ar�y Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowfedged by Lender and recorded in the
<br /> ofifice of the recorder of HALL County, State of �[ebraska. The instr�ment shall contain, in addition to al] other
<br /> matters required by state [aw, the names of the original Lender, Trustee, and Trustor, the book and page {ar
<br /> computer system reference) w[�ere this Deed of Trust is recorded, and the name and address of the successor
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