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�� 15�5754
<br /> DEEQ ❑F TRlJST
<br /> �Continued� Page 5
<br /> rents, issues and prafits af the Property, including th�se past due and unpaid, and apply the same, less
<br /> costs and expenses of vperation and collection attorneys` fees,to any indebtedness secured by this Qeed
<br /> of Trust, all in such ord�r as Lender may de�ermine. The entering upon and taking possessian of the
<br /> Property, the Ga�le�tivn of such rents, issues and profits, and the appl�cation thereof sha�i not cure or
<br /> wai�� any de�rau�t�r nvtice of d�fault under this ❑eed ❑�Trust ar invalidate any ac�don� in r�spvnse to
<br /> such default or pursuant to such notice of de�auit, and, notwiths�anding�he�on�inuance in poss�ss�on nfi
<br /> the Praperty ❑r the collec�ion, receipt and application af rents, issues ❑r pr�fits, Trus�ee or Lender shall
<br /> he entitled ta exercise e�ery r�ght pro�ided f�r in�he Credit Agreernent or the Related �acuments vr by
<br /> law upon the occurrence of any even�t❑f default, in�luding th�right to exerc�se the power�f sale;
<br /> {b� Commen�e an action�v fvreclose this fJeed ofi Trust as a mortgag�, app�int a r�ceiU�r or specifica�ly
<br /> enforce any af�he co�enants h�reaf; and
<br /> �c� ❑eli��r ta Trustee a written deciaration af default and demand for sale and a written notice of default
<br /> and election ta cause Trustar's interest in the Proper�y to be sofd, which na�ice Trustee shall c�use to�e
<br /> duly fil�d�ar recard in th�appropriate affices❑f the Caunty in wh�ch the Prop�rty is I��ated; and
<br /> �d� With respect�a all ❑r any part of the Personai Praperty, Lender shall ha�e a11 the rights and remedies
<br /> �f a secured par�y under the Nebraska Uni�arm Commercial Code.
<br /> Farectnsure hy Power o�Sale. ��Lender eleGts to foreclose by exercis�of the Power vf Sale h�rein�ontained,
<br /> Lender shall nvt��y Trustee and sha�l depvsit with Truste� this Q�ed of Trust and the Credit Agreement and
<br /> su�h receip�s and e�idence of expendi�ures made and secured by this Deed vf Trust as Truste�may require.
<br /> {ay LJpvn r�ceipt vf such notice fr�m Lender, Trustee shall cause t�be recarded, published and deli�ered
<br /> t� Trustar such Notice of Default and Nv�ice of Sale as then required by law and by this Deed ❑f Trust.
<br /> Trustee shai�, without demand on Trustor, after su�h time as may then be requir�d hy law and a�t�r
<br /> re�ordation vf su�h Natice❑f Default and after NotiGe �f 5a1e ha�ing been�iven as required by law, sef!
<br /> the Property a# the tim� and place ❑f sale fixed by it in such Noti�e af Sale, either as a whvle, ar in
<br /> separa�e lots❑r parc�ls or items as Trustee shall deem expedient, and in suCh order as i�may determine,
<br /> at pu�lic auction to�he h�ghest bidder far cash in law�ul maney v#the United Sfiates payabl� at�he tirne
<br /> of sale. Trus�ee shall deli�er to such pur�haser or pur�hasers thereof its good and suf#icient d�ed or
<br /> deeds conveying the property so sold, but without any covenant vr vUarran#y, express or implied. The
<br /> recita�s in such deed o�any matters vr facts shall b� cvn�Iusi�� proo�of�he truthfulness thereof. Any
<br /> person, including w�thout limitati�n Trustvr,Trustee,❑r Lend�r, may purchase at such safe.
<br /> �by As may be permitted by law, affier deducting all costs, fees and expenses of Trustee and o� this
<br /> Trust, inc�uding costs of e�idence��titie in connection with sale, Trustee shall apply the proceeds af sale
<br /> ta payment of �i� a�� sums expend�d under the te�ms of �his ❑eed af Trust vr und�r the �erms of the
<br /> Credit Agreemenfi nat then repaid, including but nat limited to accrued interest and late �harges, �ii} ail
<br /> other sums then se�ured hereby, and �iiif the remainder, if any, to the person or persons Cegally entitied
<br /> theretv.
<br /> t�� Trustee may in the manner pra�ided hy iaw postpone sale o�all or any portian of the Prop�rty.
<br /> Remedi�s Not EJCCIlJ�iVA. Trustee and Lender, and each af them, shall be entitled t❑ enfor�e payment and
<br /> performance o#any indebt�dness or abligatians se�ured by this Deed of Trust and to�x�rc�s�all rights and powers
<br /> under this Deed of Trus�, under the �redi� Agreement, under any af th� Rela�ed Documents, ar under any vther
<br /> a9re�ment or any laws now or herea�ter in farce; no�withstanding, sarne or all vf such indebtedness and
<br /> obligations secured hy this �eed o#Trust may nvw ar hereafter be atherwise secured, whether by rnortgage, d�ed
<br /> vf trus�t, pledge, lien, assignment vr a�herwise. Nei�her the ac�eptance of this De�d ❑�f Trust nor its enfarcem�nt,
<br /> vuhether by �ourt a�tian or pursuant to th� power af sale or other powers cantained in this De�d o�F Trust, shall
<br /> prejudice or in any manner a�fect Truste�'s ❑r Lender's right to reali�e upvn �r enf�rce any ather securi�y naw ar
<br /> hereafter held �y Trustee�r Lender, it�eing agre�d tha�Trustee and Lender, and each af them, shafl �e entiti�d to
<br /> en�orce this Deed of Trust and any other security now ar herea�ter held hy Lender �r Trustee in such order and
<br /> manner as they ar either af them may in their absolute discretian d�termine. No remedy conferred upon or
<br /> r�served t� Trustee ar Lender, is in�ended �o be �x�lusi�e o# any vther remedy in this ❑eed ❑f Trust or by lauv
<br /> pro�ided or permitt�d, but each shall b� cumulati�e and shall be in additian to e�ery other rem�dy given in this
<br /> Deed ❑f Trust or now ar hereaft�r existing a�{aw ar in equity or by statute. E�ery power vr rernedy given �y the
<br /> Credit Agr�ement or any of the Related Docurnents to Trustee or Lender or to which either ❑� them may be
<br /> othe�wise entEtled, may be exercised, cancurr�ntfy ar independently, �rom time �o time and as often as may h�
<br /> deemed expedient by Trustee or Lender, and either �f them may pursue in�onsistent remedies. Nathing in this
<br /> ae�d �f Trust shall be construed as pr�hibiting Lender fram seeking a defiiciency judgment against the Trustvr to
<br /> the ext�n�such a�tian is perrnitted by law.
<br /> Electivn of Rernedies. All of l_.ender`s rights and remedies ►rviff b� cumulati�e and may be exercised al�ne or
<br /> tvgether. lf Lend�r de�ide� to sp�nd money �r to perfarm any ofi Trustor's obligativns under this Deed o�Trust,
<br /> af�ter Trustor's faiiu�e �❑ do s�, that d��ision by Lender will not afifect Lender's right ta declare Trustvr �n default
<br /> and�to exercise Lender's remedies.
<br /> Request far No#i�e. Trustor, on�ehalf vf Trustor and Lender, hereby requests tha#a copy vf any Natic�af Defiault
<br /> and a capy of any N�tice af Safe under�his Deed of Trust be mailed tv�hem at the addresses set forth in the first
<br /> paragraph�f this Qeed af Trust,
<br /> Attorn�ys' Fees; Expens�s. If Lender ins�i�u�es any suit or activn �Co entor�e any ❑f the #erms ofi this Deed af
<br /> Trust. Lender shall be enti�tled t❑ reco�er su�h sum as the c�ur�may adjudge reasonab(e as attvrn�ys' fees at trial
<br /> and upan any app�al. Vllhether or not any cau�t action is in��f�ed, and ta the extent not prohi�ited by law, al!
<br /> reasonabfe expenses Lender incurs thafi in Lender's ❑pinivn are necessary at any time for �he protectivn afi its
<br /> in�eres�ar the enfvrcement of its rights shall becarne a part of the �ndebtedness payahle on demand and shall bear
<br /> inter�st at �he Credi� Agreement rate '�rarn the date �f the expenditure until repaid. Expens�s �o�ered by this
<br /> paragraph includ�, withvut limita�ion, hvwe�er subject to any limits under applicable law, Lender's attorneys' fees
<br /> and Lender's lega! expenses. whe�her or nat there is a lawsuit, including attarneys' fees and expenses for
<br /> bankrupt�y proceedings �in�iuding effor�s to mvdify ar �acate any automatic stay or injunctiany, appeals, and any
<br /> antic�pated post-judgment calle�tian ser�ic�s, the cost of searching re�ords, abtaining title reparts �including
<br /> foreclosu�e repor�s}, sur��yors' r�porfis, and appraisal fees, title insuran�e, and fees for the Trustee, to the exten�
<br /> permitted hy applicab�e law. Trustar also will pay any Gvur�t costs, in additivn to all a�her sums pro�ided by law.
<br /> Rights a�Trustee. Trustee shall ha�e all af the rights and duties�f Lender as set farth in this se�tion.
<br /> PDWERS AND�BLI�ATI�NS �F TRUSTEE. The fo�lowing pro�isions rela�ing ta the powers and obligatians of Trustee
<br /> are part of this Deed vf Trus�:
<br /> Powers of Trustee, In addition to all powers of Trustee arising as a ma�ter of law,Trustee shafi ha���he potirv�r to
<br /> tal�e the#ollowing aGtions with respe�t ta th� Pr�perty upon�h�writ�en r�qu�st of Lender and Trus�ar: �a�jvin in
<br /> preparing and filing a map ar pfat v# the Real Prvperty, including the dedication v� streets vr o�her rights to the
<br /> public; {�y join in granting any �asemen� or creat�ng any restri��ion on the Rea1 Property; and �cy ��in in any
<br /> su�ordination or ath�r agreernent affeGt�ng this Deed of Trust vr the interest of L�nder under this Deed vf Trust.
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