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201405342
<br /> DEED OF TRUST
<br /> Loan No: 872059765 (ContirtUed) Page 5
<br /> (b} Corr�mence an aCtion to foreclose this Deed af Trust as a mortgage, appoint a receiver or speCifiCally
<br /> enforce any of the covenants hereof; and
<br /> (c} Deliver to Trustee a written declaration of c[efault and demand for sale and a written notice ofi default
<br /> and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be
<br /> duly filed for record in the appropriate of�FiCes of the County in which the Property is located; and
<br /> {d1 With respect to a11 or any part of the Personal Property, Lender shafl have all the rights and remedies
<br /> of a secured party under the Nebraska Uniform Commercial Code.
<br /> Foreclosure by Power of Sale. If Lender elects to forsclose by exercise of the Power of Sale herein contained,
<br /> Lender shall notify Trustee a�d shall deposit with Trustee this �eed of Trust and the Credit Agreement and
<br /> such receipts and evidence of expenditures made and secured by this Deed o'f Trust as 7rustee may require.
<br /> [a? Upon receipt of such natice from Lender,7rustee sha11 ceuse to be recorded, published and delivered
<br /> to irustor such Notice of Default and Notice of 5ale as then required k�y Iaw and by this Deed of Trust.
<br /> Trustee shal[, without demand on Trustor, after sueh #irrte as may then be required by law and after
<br /> recordation of sueh �[otice af Default and after Notice of 5a[e haviRg been given as required by law, sell
<br /> the Properry at the time and place of sale fixec[ by iY in sueh Notice of Saie, ei#her 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 public auction to the highest bidder for cash in lawful money of the lJnited States payable at the tirne
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or
<br /> dseds oonveying the property so sold, but without any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or fac#s shall he conclusive proof of the Eruthfulness thereof. Any
<br /> person, including without limitation Trustor,Trustee, or E.ender, may purchase at such sale.
<br /> [b) As rrEay be permitted by law, after deducting all costs, fees anc[ expenses of Trustee and of this
<br /> 3rust, inc[uding costs of evicience of title in connection with sale,Trustee shall apply the proceeds of sale
<br /> to payment of [i} all sums expended under the terms of this Deed of Trust or under the terms o# the
<br /> Credit Agreement not then repaid, including but noE limited to accrued interest and late charges, iii] all
<br /> other sums#hen secured here6y, and {iii} #he remainder, if any, to the person or persons legally ent9t[ed
<br /> thereto.
<br /> (c} Trustee may in the manner provided by law postpone sale of ali or eny portion of the Property.
<br /> Remedies Hot 6cclusive. Trustee and Lender, and each of them, shall be sntitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by t�eis Deed of Trust and to exercise all rights and powers
<br /> under this Deed of Trust, under #he Credit Agreement, under any of the Related Doeuments, or under any other
<br /> agreement or any laws now or hereafter in force; notwithstanding, some or alE of such indebtedness and
<br /> obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed
<br /> of trust, pledge, lien, assignment or otherw9se. Neither the acceptance af this �esd of Trust nor its enforcernent,
<br /> whether by court actian or pursuant to the power of sale or other powers contained in this Deed of Trust, shal]
<br /> prejudice or i� any manner affect Trustes's or Lender's right to realize upon or enforce any other security now or
<br /> hereafter held by Trustee or Lender, it being agreed that Trusiee and Lender, and each of them, shall Ese entitled#o
<br /> enforce this Deed of Trust and any ather security now or herea�Fter he[d 6y Lender or Trustee in such order and
<br /> manner as they or either of them mey in their abso[ute discretion determine. No remecfy conferred upon or
<br /> reserved to Trustee or Lender, fs intended to be exclusive of any oTher remedy in this �eed of Trust or by law
<br /> provided or permitted, but each shell be cum�tlative and shalf be in addition to e�ery other remedy given in this
<br /> Deed of Trust or now or hereafter existing at ]aw or in equiYy or by statute. Every power or remedy given by the
<br /> Credit Agreement or any pf #he Related Documents to Trustee vr Lender or to which either of them may be
<br /> otherwisa entitEed, may 6e exercised, concurrently or independent[y, from time to time and as often as may be
<br /> deemed expedient by Trustee or Lender, and either of them may pursue irsconsistent remedies. NoYhing in this
<br /> beed of Trust shall 6e construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to
<br /> the extent such action is permitted by]aw.
<br /> E�ectioo of Rernedies. AEI af Lender's rights and remedies will be cumuEative and may be exercised alone or
<br /> together. ]f Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust,
<br /> a�F�ter Trustor`s failure to do so, that decision by Lender wi[I not afiFect Lender's right to declare Trustor in default
<br /> and to exercise Lender's re�nedies.
<br /> Request for Notice. Trustor, on 6ehalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed of Trust be mai[ed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. I'f Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whether or �ot any court action is involved, and to the sxtent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payab[e on demand and sf�alE bear
<br /> interest at t[�e Credit Agreement rata from t[�e date of the expenditura until repaid. 6cpenses covered by this
<br /> paragraph incfude, without limitation, however subject to any ]imits under applicable law, Lender's attorneys' fees
<br /> and Lender's lega[ expenses, whether or not there is a lawseait, including attorReys' fiees and expenses for
<br /> bankruptcy �roceedings iincluding efforts to modify or �acate any automatic stay or injunction}, appeals, and any
<br /> anticipated post-judgment collec#ion services, the cost of searching records, obtaining title reparts (including
<br /> foreclosure repartsl, surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent
<br /> permiEted by applicable law_ Trustor also wili pay any court cos#s, in addition to al] other sums provided by law.
<br /> Rights of Trustee. Trus#ee shaEl have all af ihe rights and cfut9es of Lander as set forth in this section.
<br /> POWERS AHD OBLIGAT10N5 OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed af Trust:
<br /> Powers of Trostee. In adc[ition to all powers of`frustee arising as a matter ofi law,Trustee shall have the power to
<br /> take the fo][owing actions with respect to the Property upon tE�e written request af Lender and Trustor. [aI join in
<br /> preparing and fiEing a map or plat of the fteaE Praperty, incl�ding the decEicatian of streeYs or other rights to the
<br /> public; {b} join in granting any easement ar creati�g any restriction on Yhe Rea! Property; and (c) join in any
<br /> subordinaxion ar other agreerr�ent affecting this �eed of Trust or the interest of Lender under this Deed of Trust_
<br /> Trustee. Trustee sha[I meet all qua[ifications required for Trustee under applicable law. In addition ta ihe rights
<br /> and ramedies set forth eba�e, with respect to al[ ar any part of the Property, the 7rustee shall have the right to
<br /> foreclose by natice and sale, and Lender wil! have the right to forec[ose by judicia! foreclosure, in either case in
<br /> accordance with anc[to the fu11 extent pro�ided by applicable law.
<br /> Successar Trustee. Eender, at Lender's option, rrEay from time to time appoint a successor Trustee to any Trustae
<br /> appointed under this �eed of Trust by an instrurr�ent executed and acknawledged by Lender and recorded in the
<br /> s� office of the recarder of HALL County, State of Nebraska. The instrument shalf contain, in addition to a[I other
<br /> matters required by state law, the names of the original Lender, Trustee, and 7rustor, the book and page (or
<br /> computer system reference} where this Deed of Trust is recorded, and #he name and address of the successor
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