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Z�15�5�73
<br /> DEED �F TRUST
<br /> ��antinued� Page 5
<br /> and el�c�ion ta cause Trust�r's interest in the Property to be sald, which notice Trustee shall cause�o be
<br /> duly#iled for recard in the apprapriate affices a�the C�unty in which the Property is [ocated; and
<br /> �d� With respe�t t❑ all or any part of the Persvnal PrQperty, Lender shall ha�e all the rights and rem�dies
<br /> af a secured party under the Nebraska Uniform Cammercial Code.
<br /> Fore��osure by Pvwer o�Sa�e. lf Lender elects to foreclose by exercise❑f the Pawer of Sale herein contained,
<br /> Lend�r shali natify Trustee an� shail deposit with Trustee this �3�ed ❑f Trust and the �redit Agreement and
<br /> such re�eipts and e�idenc�of�xpenditures made and secured by th�s Deed af Trust as Trustee may require.
<br /> �a� �pan receipt o#such nvti�e from Lender, Trustee shali cause to be rec�rd�d, published and deli�ered
<br /> to Trustor such Nvtice a� ❑efault and Not�ce of 5afe as then required by !aw and by this ❑�ed ❑f Trust.
<br /> Trustee shall, vvitho�t demand on Trustar, after su�h time as rr�ay th�n be required by �aw and after
<br /> recardation❑f such N�tice of Default and afit�r Nvtice ofi 5ale ha�ing �een gi��en as requir�d by law, s�l!
<br /> �he Property at the time and place o� sa�e fixed �y it in su�h Noti�e ❑f Sale, either as a whole, or in
<br /> separate lots vr par�efs ar items as Trustee shall deem expedient, and in su�h❑rder as it may determine,
<br /> at public auction to the high�st bidder for cash in la►rvful money vf the U nited States payable at the time
<br /> v� sale. Trustee sha[I deii�er tv such purchaser �r purchas�rs th�reof its goad and suffic�ent deed or
<br /> deeds con�eying the property so sold, but without any cv�enant or warrantF�, express or impli�d. The
<br /> recita�s in such deed of any matters or facts shall be �vnclusi�e proa�o�the truthfulness therevf. Rny
<br /> persan, including wi�hout limi�ation Trustar, Trustee,ar Lencle�, may purchase at such saie.
<br /> (b� As may be permitted by law, after deducting all cas�s, fees and �xpenses vf Truste� and o� �h�s
<br /> Trust, including c�sts�fi��idence❑f title in conn�ction with sale,Trustee sha�i apply the prac��ds of sal�
<br /> �v payrnent af {i� all sums �xpended under the terms of this �eed of Trust or under the tsrms o�r the
<br /> G�edit Agreement n�t then repa�d, in�luding but nat iimited fio accrued in�erest and late charges, �iiy all
<br /> other sums th�n se�ured hereby, and �iii} the rernainder, i�any, �o the persan or persons legal�y en�titled
<br /> thereto.
<br /> �Gy Trustee may in the manner pro�ided by law postpone sale o#all�r any portion of the Property.
<br /> Rem�dies iVat Ex�lusi�e. Trustee and Lender, and each af them, shall be entitle� t❑ enfar�e paym�nt and
<br /> perfarrnan�e of any indebtednes�ar❑bligatians secured by this Ueed ❑fi Trust and to exercise ail r�ghts and powers
<br /> under this ❑eed vf Trust, under the Credit Agr�ement, under any ofi fihe Rela�t�d Documen�s, or under any �fiher
<br /> ag�eem�nt or any laws nvw ar herea�ter in force; n�twithstanding, sorne or all ��f su�h indebtedness and
<br /> obligations secured by this Deed vf T�ust may nvw ❑r hereafter be atherwise se�ured, whether by mortgage, deed
<br /> vf#rust, p�edge, lien, assignm�nt or atherwise, Neither�he acceptance of this Deed ❑f Trust nvr its enfvrcement,
<br /> whether by caurt action or pursuant ta the power ❑�F sa�e or other powe�s contained in this Qeed vf Trust, shalf
<br /> pre�udi�e or in any manner affect Trustee's ar Lender's right to realize upon ar en�arce any vther security now or
<br /> hereaft�r held b�Trustee or Lender, it being agreed that Trustee and Lender, and each�f them, shall b�entit�ed�o
<br /> enforce this Deed of Trust and any other se�urity now or hereafter held hy Lender or Trust�e in such ard�r and
<br /> manner as they or �ither of them may in their abs�lute discr�tivn determin�. No ramedy con�erred upon or
<br /> reser��d ta Trust�e or Lender, is in�ended ta he exclusi�e �f any ather remedy in �h�s De�d flf Trus�t or by law
<br /> provided or permitted, but each shal! he cumulati�e and shall be in addition to e�ery other remedy g��en in �his
<br /> Deed ❑t Trust vr now ar hereaf�er existing at law a�-in equity or by statute. Every pa►rver❑r�-emedy gi�en by the
<br /> Credit Agreement vr any o� th� R�lated Documents tv Trustee or Lender or to whEch either ❑f them may �e
<br /> o�herv►rise entitied, may b� exer�is�d, concurrently vr independently, from �ime to time and as vf�en as may be
<br /> deemed �xpedient by Trus�e� or Lender, and either of them may pursue inconsistent rernedies. Nothing in this
<br /> Deed of 7rust shall be construed as prohibi�ting Lender from seeking a deficiency�udgment against th� Trustor to
<br /> the extent such aGti�n is permitted by lav►►.
<br /> Election o� Remedies. All of Lender's rights and rem�dies will be cumulati�e and may be exer�ised alone or
<br /> together, l�Lend�r d�cides �o spend money ar ta per�fvrm any o�Trus�vr's obligations uRder this Deed ❑f Trust,
<br /> after Trus�or's failu�e tv d❑ so, xhat decision by Lender will nat afFect Lender's right t�� declare Trustor in default
<br /> and�o exercise Lend�r's rem��lies.
<br /> Requ�st fo�Na#ic�. Trus�or, �n behalf vf Trustor and Lender, hereby reques�s that a c�py❑�any Nati�e of Default
<br /> and a �opy of any fVatice of 5ale under this Deed af Trust be mailed to them a��h� addresses set forth in the first
<br /> paragraph of this D�ed af Trust.
<br /> Attorneys' Fees; Exp�nses. If Lender institutes any sui�t ❑r action to enfor�e any af the �erms ❑f this ❑eed ❑f
<br /> Trust, Lender shall be entitled ta recover such sum as the caurt rnay adjudge reasanab�e as at��rneys` #�es at t�ia1
<br /> and upon any appeal. Whether �r not any court activn is in�alved, and ta th� ext�nt not prvhibited by lav►r, all
<br /> reasonable expenses Lende� incurs that in Lender's apinian are necessary at any tirne for the prvtection vf its
<br /> inter�st❑r the enfor�ement❑f i�s rights shall becom�a part❑f the Indebtedness payablL on demand and shall bear
<br /> int�r�st at the Credi� Agreement rate �rom the date of the expenditure until repaid. E�epenses cvvered hy this
<br /> paragraph in�lude, withvut limitatian, hawev�r subject ta any limits under applicab�e law, Lender's a#torneys' fees
<br /> and Lender's lega[ expenses, whether or not there is a lawsuit, including attorne�►s' #ees and expenses f�r
<br /> bankruptcy proGeedings �including ef�orts t❑ madi�y ar�acate any autvma�ic s�ay vr in�unc�ian}, appeals, and any
<br /> anticipated past-judgment collecti�n ser�ices, the cost ❑f searching r�cards, ❑btaEning title reparts �in�lud�ng
<br /> foreelosure repvrts�, sur�eyors' reports, and appraisal fees, tit�e insuran�e, and fee� for the Tru�tee, to the extent
<br /> permitted by appli�able law. Trusfiar alsa will pay any�ourt cnsts, in additian to all other surns pravided by la►nr.
<br /> Rights vf Trustee. Trustee shall ha�e all af the rights and duti�s of L�nder as set forth in this section.
<br /> P�WERS AND DBLIGATIUNS DF TRUSTEE, The follvwing pro�isivns rela�ing t❑the pvwers and❑bligations o�Trustee
<br /> are parfi of this Deed of Trust:
<br /> Powers of Trus�ee. In additian�o al! povuers af Trus�ee arising as a matter❑f iaw,Trustee shall ha�e the power to
<br /> take the fvllawing acti�ns ►nrith r�spect ta the Property upon the writ�ten requ�st afi Lerder and Trust��: {a�join in
<br /> preparing and �iling a map or plat a� �he Real Praperty, including the ded��ation af st�eets or vther �rights to the
<br /> public; tb� join in grant�ng any �asement or creating any �estric#Eon on the Rea[ Prc�perty; and (c� jain in any
<br /> suhordination❑r other agreement affec�ing this❑eed of Trust or the in�er�st af Lender under this�eed vf Trust.
<br /> Trustee. Trustee shall meet all qualifi�atians required for Trustee under appli�able lav��. ln addi�ion tv the rights
<br /> and r�medies set forth abo�e, with respect to all vr any part of the Proper�y, the Truste� sha�l have the right to
<br /> fvre�lose by notice and sale, and L�nder will ha�e the right to fvreclase by judicial far�closure, in either case in
<br /> accordance with and to the fuil extent pra�ided by applicable law.
<br /> SL1GCe55�1'TI'L15�Be. Lender, at Lender'S Up�1�n, may from tim�to time appoEn�a succe�sor Trustee�v any Trust�e
<br /> appointed under this Deed of Trust by an insirumen� exe�u�ted and acknowiedg�d by Lender and recorded in the
<br /> office vf the record�r of HALL Cvunty, State vfi Nek�raska. The instrument shali ��n�ain, in addition t❑ all ather
<br /> matters required by state law, �he names of �he originaf Lender, Trustee, and Trustor, the hovk and page �vr
<br /> compu#er system referen�e� where this Deed af Trust is r��ord�d, and the name and address of the successar
<br /> trus�e�, and the instrument shalE be exe�ut�d and acknowle�iged by all the beneficiaries under this Deed v�Trust vr
<br /> their successors in interest, The su�c�ssor trustee, withou� can�eyance af the Praperty, shall succeed ta all the
<br /> titie, power, and duties conferr�d upon th�Trustee in this Deed of Trust and by appli�a�le law. This proc�dure for
<br /> su�stitu��on Qf Trustee shal�g���rn t❑the ex�lusian❑f all other pra�isions�or substitution.
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