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� ��14��739
<br /> �E�b �F TRL�ST
<br /> � ����1ti�tued} Page �
<br /> prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any o�her se�urity now ar
<br /> hereafte�-held by Trustee or Lender, it being agr�ed �ha#Trus�ee and Lender, and each of them, shall be en�i��e�to
<br /> �nfarce this Deed of Trust and any ather secu�-ity now o�- hereafter held by Lender or Trustee �n such order and
<br /> manner as they or �i#h�r of them may in their absolut� dis�retion determine. No remedy canferred upon or
<br /> reser�ed t� Trus�ee or Lender, is intended to be exc�usi�e o� any other r�medy in this Deed a�Trust or by law
<br /> pro�ided ar permitted, bu� each shall be cumulati�e and shal� be in addition �o e�ery �ther remedy gi�en �n th�s
<br /> Deed ��Trust or now or hereafter existing a� law or in e�uity or by s�atute. Every po�ver or remedy gi�en by the
<br /> Credit Agreement or any af the Related Document� �� Trustee or Lender or tv wh�ch ei�her �f th�m may be
<br /> o�herwise �ntitled, may be exe�cised, concurrently or independent9y, �rom ��me to time and as often as may be
<br /> deemed expedien� by Trus�ee ar Lender, and ei�her of them may pursue �nconsistent r�medies. No�hing �� this
<br /> Deed of Trust shall be �anstrued as prohibit�ng Lender fram seeking a deficiency judgment a�ainst �he Trustor to
<br /> the extent such action is permi�ted by law.
<br />� Electivn vf Remedies. Ali fl� Lender's rights and remedies will be cumulati�e and may be exercised alone or
<br /> �oge�her. !� Lender d�cides �o spend maney Qr�o perform any of Trusta�`s obligations under�h�s Deed o�Trust,
<br /> after Trustor's fai�ure to do so, that decision by Lender wiil nat aff�ct Lender`s right �o de�lare Trustor in de�ault
<br /> and to exercise Lend�r's remedies. .
<br /> � Request fQr Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice ofi❑efault
<br /> and a copy�f any Not��e of Sale un�er fhis ❑eed af Trust be ma�led ta them at the addresses se#forth in the firs�
<br /> paragraph o�th�s Deed �f Trust.
<br /> Attorneys' Fees; Expens�s. If Lender ins�i�u�es any suit o�- act�on ta enforce any of the terms a� this De�d of
<br /> Trust, Lende�-sha�l be entitled to recover such sum as the cou�t may adjudge reasonab�e as attorneys' fees a#�ria[
<br /> and upon any appea�. Vllhether or no� any cour� action �s in�ol�ed, and t� the ex�ent not prohib�ted by �aw, al�
<br /> reasonab[e expenses Lender 1nCU�5 that in Lender's opinion a�-e necessary at any �ime fa� the protec��on o� its
<br /> in�eres�or�he en�arcement a�its r�ghts shall be�ome a part of the lndebtedness payable on demand and shall bear
<br /> � in�eres� at the Credit Agreement rate from the date o� ths expenditure un#il repaid. Expenses cavered by this
<br /> � paragraph include, w�thout lim��a�ion, howe�er subj�ct�o any �imits under applicabae law, Lender's attorneys' fees
<br /> and Lender`s legal expenses, wh�ther or not the�e �s a lawsui�, �nc�uding a�ttorn�ys' fees and expenses �or
<br /> bankruptcy proceedings (includ�ng efforts fio modi�y or�aGa�e any automa�ic stay or injunct�on}, appea�s, and any
<br /> an�ieipated post judgment cal�ec��on senrices, �he �ost af searching recards, o�tai��ng title reporks �includ�ng
<br /> foreclosure reparts}, surveyors' repor�s; and appraisal €ees, �i�ie insuran�e, and �ees for the Trustee, �o the exten�
<br /> pe�-m�t��d by applicable law. Trustor a[so will pay any court costs, in addi�ion to al�other sums pro�ided by law.
<br /> Rights of Trustee. T�ustee sha[I have ail of the r�ghts and duti�s of Lender as s�t�orth in this section.
<br /> ' P�IJUERS AND 46LIGAT�4NS"OF TRUSTEE. The��llowing p�o�isions re�a�ing '�o�he powers and obliga�ions �f Trust�e
<br /> are pa�t of�his ❑eed ofi Trus�: �
<br /> Powers n�Trusfee. 1n addition to all powe�s of Trustee arising as a matter o��aw, Trust�e shall ha�e the power to
<br /> �ake �he�o�lowing actions with respe��ta the Prope�ty upon the wri��en request of Lender and Trustor; �a}jo�n in
<br /> prepar�ng and f�Eng a map or plat of the Re�l Prap�rty, inc�uding the dedication of s�ree�s or ath�r righ�s tv the
<br /> public; �b} �oin in granting any easement ar creating any res�riction on the Real Proper�y; and (c} jain in any
<br /> sub�rdination or�other agr�emen�affect�ng this ❑eed of Trust or the int�rest of Lender under this Deed o�F Trust.
<br /> � Trus�ee. Trustee sha1� mee� a�! qualificat�ons required fior Trus#e� under appl�cable �aw. !n addit�on �o the righ�s
<br /> and t-emediss set fio�th abo�e, wifh respeet t� all or any part �f�he Property, �he Trustee shal� ha�e the righ� �a
<br /> foreclos� by notice and sale, and Lender will ha�e #he right to foreclose by judicial fvrec�asure, in ei�her �ase in
<br /> accordance w��h and fio the�ul!ex�ent pro�ided by applicable law.
<br /> Successor Trustee. Lender, at Lend�r's option, may from time to time appo�nt a successar Tru�tee to any Trus�ee
<br /> appain�ed under this ❑eed �� Trust by an instrument exeGuted and acknowledged by Lender and recorded in �he
<br /> �ffi�e of �he reeorde� o� HALL County, State of Neb�aska. The �ns�rument shal� cfln�ain, in addition to al� o#her
<br /> mat�ers required by stat� law, #he nam�s of the ariginal �ender, Trustee, and Trustar, the book and page �or
<br /> computer sys�em refi��ence} where this Deed ofi Trust is recorded, and the name and addr�ss of the suc�essor
<br /> �� trus#ee, and �he ins�rument shali be execu�ed and acknowledged by a11 the benefi�ciari�s under this Deed o�f Trus�or
<br /> their su�cessors in interest. The successor trustee, withou� con��yance o��he Property, shal� succeed tv al! �he
<br /> tit��, power, and dufiies conferred upon the Trus�ee in this Deed o�Trus�and by appl�cab�e law. This procedure for
<br /> substitut�an of Trustee shall go�ern to the exclusion afi a�l other pro�isions�or substitu�ian.
<br /> N4TiCES. Any notice required to be gi�en unde��his ❑eed of Trust, including with�ut fimi�a�ion any notice of defaul�
<br /> and any n�ti�e of sa�e sha�l be gi�en in writ�ng, and shal� be effec�i�e when actua�iy d��i�ered, when actually recei�ed
<br /> by�elefacsimile �unless otherwise requ�red by iaw�,when deposited with a nationally recagnized o�ernight courier, o�-, �f �
<br /> mailed, when deposi#ed in the United Sta�es mail, as f�rst class, c��kified o�regist�red ma�l pastage prepaid, di��Gt�d �Q
<br /> the addresses shown near the beginning af this ❑eed of Trust. A€� copiss a�f not�ce� af�arec}osure#��-om the halder af
<br /> any �i�n which has p�iori�y aver this ❑eed of Trus� shal� be sen� to L�nder's address, as shown near the beginning vf
<br /> this D�ed nf Trus�. Any person may ch�€nge his ar h�r address f�r notices under th�s Deed of Trust by g��ing �o�mal
<br /> wri�tten notice ta the ather person or persons, speci�fy�ng that the purpose af th� na�ice is to change #he person's
<br /> ar�dress. Fo�notice purposes, Trustor agrees�o keep Lende�-infarmed at all times of Trus�or`s current address. L�nless
<br /> o�hen�vise pro�ided ar required by law, if there �s more �han ane Trus�or, any notice gi�en by Lender to any Trustor is �
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