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201500950
<br /> DEED OF TRUST
<br /> Loan No: 572059395 {Continued} Page 5
<br /> separate lots or parcels or iterr3s as Trustee shall deem expedient, and i� such order as it may determine,
<br /> at public auction #o the highest bidder far cash in lawfe�l money of the United States payable at the time
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereo'F its good and sufficient desd or
<br /> deeds con�eying the property so sold, but without any covenant or warranty, express or implied. Tf�e
<br /> recitals in such deed of any matters or facts sha[I be ConC[usi�e proof of ti�e truEhfulness #hereof. Any
<br /> person, including without limitation Trustor,�rustee, or Lender, may purchase at such sa�e.
<br /> Ib) As may be permitted by law, after deducting all cos�s, fees and expenses of Trustae and of this
<br /> Trust, including costs of evidence af titEe in connectian with sale,Trustee shall apply t[�e proceeds of sale
<br /> to payment of (i} al€ sums expended under the terms of this Deed of Trust or under the terms af the
<br /> Credit Agreement not then repaid, including but not limited to accrued in#erest and late cE�arges, (ii} aEl
<br /> other sums then secured hereby, and {iii} the remainder, if any, to ihe persan or persans iegal[y entitled
<br /> thereto.
<br /> {c1 Trvstee may in the manner provided by law postpane sale of a!I or any portion of the Praperty.
<br /> Rerr,edies Not �xcfusi�e. Trustee and Lender, and each of Yhem, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed of Trust and to exercise al! rights and powers
<br /> under this �eed of Trust, under the Credit Agreement, under any of the Related Dacuments, or �nder any other
<br /> agreemenE or any laws now or hereafter in force; notwithstanding, some or aEl of such indeb#edness and
<br /> obligatians secured by tE�is Deed of`t'rust may now or hereafter be otherwise secured, whether by mortgage, deed
<br /> of trust, pledge, lien, assignment or otharwise. Neither the acceptance of t[�is Deec[ of Trus# nor its enforcement,
<br /> whether by court acEion or pussuan# to the power of sals or other powers contained in #his Deed of 7rust, sf�afl
<br /> prejudice or in any manner afifect Trustee's or Lender's right to realize upon or enforce any o#her security naw or
<br /> hereafter he[d by 7rustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to
<br /> enforce this Deed of Trust and any other security now or hereafter held by Ler�der or Trustee in such order and
<br /> manner as they or either of them may in their absolute discretion determine. No remedy conferrad �pon or
<br /> reser�ed to Trustee ar Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law
<br /> provided or permi�tted, buT eacn shall be cumulative and sha[I be in addition to every other remedy given in this
<br /> Deed of Trust or now or hereafter axisting at !aw or in equity or by statute. Every pawer or remedy given by tF�e
<br /> Credit Agreement or any of the Re[ated Docurr�ents to 7rustee or Lender or to which either of them may be
<br /> otherwise entitled, may be exercised, concurrently or indepersdently, from time to time and as often as may be
<br /> deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this
<br /> Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency fudgment against the Trustor to
<br /> the e3ctent such action is permirted by law.
<br /> Election of Remedies. All of Lender's rights and rerraedies will be cumulative and may be exercised alone or
<br /> together. ]f Lender decides to spend money or to perform any of Trustor's obligations under this �eed af Trust,
<br /> after Trustor's failure to do so, that decision by Lander will not affect Lender`s right tfl declare Trus#or in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. 7rusior, on hehalf of Trustor and Le�der, hereby requests ihat a copy of any Notice of Default
<br /> and a copy of any f�otice of 5afe under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Qeed of Trust.
<br /> A##orneys' Fees; Expenses. 1f Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entit�ed to recover such sum as tha court may adludge reasonab[e as attorneys' fees at tria]
<br /> and upon any appeal. Whether or not any court action is invol�ed, and #o the ex#ent not prohibited by law, al]
<br /> reasonahle expenses Lender incurs thaY 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 shall bear
<br /> interest at 'the Credit Agreement rate from the date of the expenditure until repaid. F�cpenses covered by this
<br /> paragraph include, without]imitation, however subject to any limits under applica6le law, Lender's attorneys' fees
<br /> and Lender's legal expenses, whether or not ihere is a Iawsuit, inc[uding attorneys' fees and expenses for
<br /> benkruptcy proceedings [including efforts to rnodify or vacate any automatic stay or injunction), appeals, and any
<br /> anticipated post-judgment colleetion services, the cost of searching reeords, obtaining title reports fincfuding
<br /> forec[osure reportsl, surveyors' reports, and appsaisal fees, title insurance, and fees for the Trustee, to the extent
<br /> permitted by apglicable law. Trusior also will pay any court costs, in eddition to al] other sums provided by law,
<br /> fiights of l'rustee. Trustee shal] have all of the rights and duties of Lender as set farth in this section_
<br /> POINERS AND OBLIGATIONS OF TRUSTEE. Ths fo[lowing provisions relating to the powers and obEigations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers af Trustee. In additian to all powers of Trustee arising as a matter of law, Trustee sha[I ha�e#he power to
<br /> take the following actions with respect ta the Property upon the written request of Lender and Trustor. fa} jain in
<br /> preparing and filing a map or p[at of the Rea] Property, including the dedicatian of streets or other rights to the
<br /> public; (b] join in granting any easement or creating any restriction on the Rea[ Property; and (c} join in any
<br /> subordination or other agreemen#affecting this Deed of Trust or the interes#of Lender under this Deed of Trust.
<br /> Trustae. Trustee shal[ meet aEl qua]ifications required for Trustes under applicab[e law. In addition to the rights
<br /> and remedies set forth above, w€th respeet to alE or any part of the Property, #he Trustes shalE have the right to
<br /> foreclose by notice and safe, and Lender wil] have the right to foreclose by judicial forec[osure, in either case in
<br /> accordance with and to the fulE extent provided by applicak�le [aw.
<br /> 5�ccessor Trustee. Ler�der, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an insirument execuFed and acknowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to al] other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page {or
<br /> computer system reference) where this Deed of 7rust is recorded, and the name ancf address ofi the successar
<br /> trustee, and the instrument shal] be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the Property, sha11 succeed ta all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable ]aw. This proced�re for
<br /> substitution ofi Trustee shal[govern to the exclusion of all other provisions for substitution.
<br /> NO7'ICES. Any notice required ta be given under this Deed of Trust, including without limitation any notice of defauft
<br /> and any notice of sale shall be given in writing, and shall be effective when actually de[ivered, when actually received
<br /> by telefacsimile funless otherwise required by law], whan deposited with a nationa[ly recognized ovemight caurier, or, if
<br /> mailed, when deposited in the �Jnited States mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of�Forec[osure from the holder of
<br /> any lien which has priority over this Deed of Trust shall be sent Eo Lender's address, as shown near the �eginning of
<br /> this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written noYice to the other person or persons, specifying that the purpose af the notice is to change the person's
<br /> address. Far notice purposes,Trustor agrees to tceep Lender informed at all times of Trustor's current address. Unless
<br /> otherwise provided or required by faw, i#there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to al]Trustors. ]t will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MISC�LEA111EOUS �ROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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