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��14�7��4 <br /> � <br /> - �. <br /> DEED �F TRUST <br /> Lvan No: 'i 0't 2SD7�7 {�ontinued} � Page 4 <br /> a�a secured party under the Nebraska Uniform Commercial Cade. <br /> Foreclosure hy Power a�5ale. l�Lender elects to�oreclase by exercise❑f fihe Power of Sale herein contained, <br /> Lender sha�i noti�y Trustee and shall deposit with Trustee this Deed of Trust and the Credit Agreement and <br /> such receip�s and e�idence of expendi�ures made and secu�-ed by�his ❑eed af Trusfi as Trus�ee may�equire. <br /> �a� Upvn re�eip�af such no�ice�r�m Lender,Trus�e�shall cause�o be recarded, published and deli�ered <br /> �o Trustor such Natice of ❑efault and Nofiice v� Sa[e as.then required by law and by this aeed af Trust. <br /> Trustee shall, wifihout demand ❑n Trus�or, a�ker such �ime as may then �� required by law and after <br /> recvrdativn of such No�ice af De�aul� and afker Notice of Sale ha�ing been gi�en as required by law, sel� <br /> the Praper�ty a� the time and pla�e o� sale fiixed by it in such Nvti�e �f Sale, either as a whole, ❑r in <br /> separate f�ts or parcels ❑r items as Trustee sha�! deem expedi�n�, and in such vrder as it may de�ermine, <br /> � a�k public auctian�a the highest bidder far casln in lawful money ❑f�he United 5ta�es payab�e at�khe fiime <br /> ❑f sale. Trustee sha�� deli�er tv such pur�haser or purchasers thereof i�s good and suffi�ient deed ❑r <br /> ' deeds con�eying �he proper-ty so sold, bu� withou� any co�enan� or warran�y, express or Emplied. The <br /> r�cita�s in such deed o� any matters vr facts sha[� be conclusi�e proof ❑��he�ruthfulness thereo�. Any <br /> person, including without limitation Trustor,Trustee, or Lender, may purchase�at such sale. <br /> ��� As may be permi�ted by law, after ded�cting all �osts, fees and expenses ❑� Trustee and o� this <br /> Trus�, including casts of e�idence of title in connection with sale,Trustee shall appEy�he p�-viceeds of sale <br /> �o paymen� o�f �i} ak� sums expended under the terms af�his ❑�ed o�Trus� or unde�- the terms ❑f�he <br /> Credit Agreement not then �-epaid, including but no� limi�ed to a��rued interest and [ate charges, {ii} all <br /> othe�-sums then secured hereby, and ��iE} the remainder, i�f any, �o the p�rsan or persons IegaEly enti�led <br /> thereto. <br /> 4c� Trustee may in the manner p�-fl�ided by iaw postpone sa�e of all or.any partion af the Prvperty. <br /> Remedies Nv� Exclusive. Trus�ee and Lende�-, and each of th�m, shall 1ae en�itled fia enfo�-ce payment and <br /> perfarmance v�any inde��edness or obligativns se�ured by this ❑eed ❑f Trust and ta exercise afE rights and pawers <br /> under�his ❑eed ❑�Trust, under the Credit Agre�ment, und�r any a�the Related Documents, �r under any other <br /> agreemenfi or any laws now vr hereafter in for�e; no�withstanding, some or all of such indebtedness and <br /> obligatEons secured by this i�eed af Trust may now ❑r hereafter be v�herwise secured, whether by mvrtgage, deed <br /> af t�-ust, piedge, lien, assignment❑r otherwise. Neither the acceptance of this ❑eed o�Trust nor its enfarcement, <br /> whe�her by caur� ac�Eon or pursuant ta �he power of sale ar other powers contained in �his �eed ❑f Trust, shall <br /> prejudice or in any manner a�€ect Trustee's ❑�- Lender's righ�to realize upon�or enforce any v�her se�uri�y nvw ❑r <br /> h�reafter he[d by Trustee ar Lender, i�being agreed that Trustee and Lender, and each ❑��hem, shalt be entitted to <br /> enfvrce this ❑�ed a�Trust and any a�her security now or hereafter held by�Lender vr Trustee in such order and <br /> manner as they ❑r either af them may in thei�- ai�sviufie dfs�retion determine. N❑ remedy•canferred upan or <br /> . reserWed to Trus�ee or Lender, is intended to �e exclusi�e of any ❑ther remedy in �this ❑eed ❑f Trust'or by law <br />. pra�ided or permitted, hu� each shat[ 1ae cumulati�e and shall i�e in addifiian to e�ery �ther remedy gE��n �n this <br /> ❑eed of Trust❑r naw v�- hereafter existing at law ❑r in equity �r by sta�u�e... E�ery power or r�medy gi�en by fihe � <br /> Credit Agreemen� or any a�f �he ReEa�ed Documen�s to Trustee or L�nder or �❑ whi�h either of them may be <br />. o�herwis� entitled, may be exercised, cancur�rentEy or independen�ly, firvm time to �ime and as vften as may be <br /> deemed expedient by Trustee ar Lender, and ei�her af �hem may pursue incvnsisten� remedies. N�thing in �his <br />� Deed o-�Trust shall be cvnstrued as prohi�i�ing Lender from seeking a deficiency judgment against the Trus�vr to <br />; the extent such a�tion is permitted by law. � <br /> Eiec�ivn vf Remedies. All of Lender's rights and remedies will be cumulati�e and may be exercised alone or � <br /> toge�her. lt Lender decides to spend mvney ar t❑ pe�form any ❑f Trustvr's ❑bligatians under�his Deed of Trus�, <br />� after Trust�r's failure�o d❑ so, �hat decision hy Lender will nat a��ect Lender's right ta declare Trustar En defaul� <br /> and�v exercEse Lender's remedies. � <br /> Request far No�ice. Trustor, vn �ehalf o�Trustvr and Lender, hereby reques�s that a copy❑f any Natice of De�Fauf� <br /> and a copy o�F any Nati�e ❑f Safe under this �eed ❑f Trus� be mailed ta them at-�he addresses set forth in the first <br /> paragraph❑#this Deed ❑f Trusfi. <br /> Atkorneys' Fees; Expenses. 1� Lender insti�u�es any suit ar a�fivn to enfor�e any ❑� �he terms of this L�eed ❑f <br /> Trust, Lender shal� he entifiled ta re�o�er such sum as�he �our�may adjudge reasonabl� as attorneys' fees at firial <br /> and upon any appeal. Whe�her or no� any caurt ac�ian is in�olved, and t❑ the exfient nvt proh�bited by law, all <br /> reasonable expenses Lender incurs that in Lender's opinian are ne�essary at any �kime fvr the protection af ifis <br /> in�erest vr the en��rcement�f i�s righ�s shal� be�ome a part o�f�he Indel��edness payab�e an demand and shall bea�- <br />� in�erest at the Credifi Agr�emen� rafie �rom the da�e of the expendi�ure until repaid. Expenses ca�ered by this <br />, paragraph include, without limita�ian, hvwe�er subject t� any limi�s under app�icable �aw, Lender's attvrneys' �ees <br /> and Lender's legal expenses, wheth�r or no� there is a �awsui�, in�fuding attarneys' �ees and expenses �or <br /> bankruptcy prviceedings �in��uding e��arts ta modify or�acate any automatic s�tay or in�unc�ion�, appeals, and any <br /> anti�ipated pos�judgment collectian ser�i�es, �he cost of s�arching records, obfiaining titie reports �inc�ud�ng <br /> ��reclosure reports�, surWeyors' reparts, and appraisal fees, tit�e insurance, and fees for�he Trustee, t❑the extent <br /> permitted by appficable law. Trustor also wifl pay any court costs. in addi�ion to alf vfiher sums pro�ided by law. <br /> MISCELLANE�US PR�V151�NS. The�oEfowing miscellaneous pro�isions are a part fl€this ❑eed o�Trus�; <br /> Governing Law. Th�s Deed of Trust wil� be go►rerned by federal iaw appf�cable to Lender and, tv the ex#ent not <br />