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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 <br />