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<br /> 12-31-1999 2���U 0 1 7�:1 : DEED.O���I'RUST ' � Rage 4-
<br /> Loan No 456119 • ; (Cor�red) ;
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<br /> shall deposit with Trustee this Deed of Trust and the Credit AgreameiAt�and such receipis and evidence of expenditures made and secured by
<br /> this Deed of Trust as Trustee may require. � . � �;.r,• ; '
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<br /> (a) Upon receipt of such notice from Lender,Tnlstee shaA cause to be recorded,pubUshed and delivered to Trustor such Notice of Default
<br /> and Notice of Sale as then required by law and by this Deed d�rust. Trustee shall,without demand on Trustor,after such time as may
<br /> then be required by law and after recordation of such Notice.of Default and after Notice of Sale having been given as required by law,sell
<br /> the Property at the time and place of sale flxed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as
<br /> Trustee shall deem expedient,and in such order as it may detemifne, at public auctfon to the highest bidder for cash in lawful money of
<br /> the United States payable at the time of sale: Trustee shall delivef to such purchas�r or purchasers thereof its good and suificient deed or
<br /> deeds conveying the property so sold,but without any covenard or warranty,express or implied. The recitals in such deed of any matters
<br /> or facts shall be conclusive proof of the truthfulness thereof. ',4ny person, including without limitation Trustor, Trustee, or Lender, may
<br /> purchase at such salA. � • - � �'���:� �
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<br /> (b) As may be permitted by law,after deducting all costs,fees'and expenses of Tnustee and of this Trust, including costs of evidence of
<br /> title in connection with sale,Trustee shall apply the proceeds of;ssie to payment of:,(i)all sums expended under the terms of this Deed of
<br /> Trust or under the terms of the Credit Agreement not then repeid,inclu�ing but not limited to accrued interest and late charges, (ii)all
<br /> other sums then secured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedles Not bcclusive. Trustee and Lender,and'each of them,Sha�be erifiifed to eriforce payment and performance of any indebtedness
<br /> or obligations secured by this Deed of Trust and io exercise all righi�ar�d powers under,this Deed of Trust,under the Credit Agreement,under
<br /> any of the Related Documents. or under any;other,agreemeM or ar�:laws now or hereafter in force; notwithstanding, some or all of such
<br /> indsbtedness and obl�gaHons secured by this Deed of Trust may now or hereafter be oifierwise secured,whether by mortgage, deed of trust,
<br /> pledge,lien,assignment or otherwise. Neitherthe acceptance of'thi3'doed of�rust nor its enforcement,whether by court action or pursuant to
<br /> the power of sale or other powers contained in this Deed of Trust,shsll prejudice or in any•manner affect Trustee's or Lender's right to realize
<br /> upon or enforce any other security now or hereafter held by Trt�stee er Lender,it being agreed that Trustee and Lender,and each of them,shall
<br /> be entitled to enforce this Deed of Trust and any other securiry now cu�hereafteir held by lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is fntended to be
<br /> exclusive of any other remedy in this Deed of Trust or by law provided or permitted,but each shall be cumula6ve and shall be in addition to
<br /> every other remedy given in this Deed of Trust or now or hereafter exisNrig at law or in equiiy or by statute. Every power or remedy given by the
<br /> Credit Agreement or any of the Related Documenis to Trustee or,Lsnder or to which either of them may be otherwise entitled, may be
<br /> exercised,concurrently or independently,from time to time and as oAen as may be deemed expedient by Trustee or Lender,and either of them
<br /> may pursue inconsistent remedies. Nothing iA this D�eed of Trust�shARbe construed as prohibitfng Lender from seeking a deficiency judgment
<br /> against the Trustor to the enteM such action is permiried by law.
<br /> Request For Notice. Trustor,on behalf of TrOstor and Lender,Neretiy�requests that a c:opy of arry Notice of Default and a copy of any Notice
<br /> of Sale under this Deed of Trust be mailed to them at Che addresses set forth in the first 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 Deed of Trust, Lender shall be entitled to
<br /> recover such sum as the court may adjudge reasonable as attorneys' fees at fial and on any appeal. Whether or not any court action is
<br /> involved,all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the
<br /> enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from
<br /> the date of expenditure until repaid. Expenses covered by this paragraph Include, without limitetion, however subject to any limits under
<br /> applicable law,Lenders attorneys'fees whether or not there is a lawsuit,including attornsys'fees for bankruptcy proceedings(including efforts
<br /> to modify or vacate any automatic stay or injunctlon), appeals and any anticipated post�udgment collection services, the cost of searching
<br /> records,obtaining title reporls(including foreclosure reports),sunreyors'reporls,appraisal fees,tltle insurance,and fees for the Trustee,to the
<br /> extent permitted by applicable law. Trustor aiso wili pay any court costs,in addition to all other sums provided by law.
<br /> MISCELLANEOUS PIiOVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Applicable Law. This Deed of Trust hes bean dellvered to Lender and accepted by Lender in the State of Nebraska. This Deed of Trust
<br /> shall be govemed by and construed in accordance with the laws of Me State of Nebreska.
<br /> Time Is of the Essence. Time is ofi ihe essence in the performance of this Deed o�Trusi.
<br /> Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Documents)
<br /> unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a
<br /> waiver of such right or any other right. A waiver by any party of a provi�on of this Deed of Trust shall not constitute a waiver of or prejudice the
<br /> party's right otherwise to demand strict compliance with that provisibn or any other provision. No prior waiver by Lender, nor any course of
<br /> dealing between Lender and Trustor, shall constitute a waiver of any of Lender's righis or any of Trustor's obligafions as to any future '
<br /> transactions. Whenever consent by Lender is required in this Deed:of Trust,the granting of such consent by Lender in any instance shall not +
<br /> constitute continuing consent to subsequent instances where such consent is required.
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<br /> Waiver of Homestead E�cemptlon. Trustor hereby releases and waives aii rights and beneflts of the homestead exemption laws of the State of �
<br /> Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACN TRUSTOR AGREES TO ITS
<br /> TERMS. �
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<br /> TRUSTOR: � � �
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<br /> SSELL L GEIS �������� S A GEIST �
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