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��15�����
<br /> DEED �F TRUST
<br /> ��ontinued� Pag� 5
<br /> costs and expenses vf operation and cvlle�tion attorneys' �ees,to any indebtedness se�ured by this[]eed
<br /> of Trust, afl in such order as Lender may determine. The ent�ring upan and taking possession of the
<br /> Property, the c�llectian o� such rents, issues and prafits, and the application ther�vf shall nvt cure or
<br /> wai�e any default or natice ot de�au�t under this De�d ❑f Trust�r inva��date any act done in respvnse to
<br /> such defiaul�t ar pursuant ta such notice af default; and, notwithstanding the con�inuance in possession of
<br /> the Praperty ❑r the collection, r�ceipt and applica�i�n af rents, issues ❑r profits, Trustee ❑r Lender shall
<br /> be entitled to ex�rcise every right provided for in�he Credit Agrsemen�t ar the Related Dacumen�s vr by
<br /> law upon the o�currence of any��ent of d�fault, including ihe right t�exer�ise�he power of sale;
<br /> [�} Cammence an action to fare�lase�h�s Deed ❑f Trust as a mortgage, appaint a receiver or specifically
<br /> enforce any af the co�enants hereaf; and
<br /> �c� ❑�li��r to Trustee a written declaration o�default and demand�or sale and a written n��ice vf d�fau�t
<br /> and ele�tian to caus�Trustor's in�erest in the Property��be sold, wh��h natic�Trustee shall cause�o be
<br /> duly f��ed far recard in the appr�priate offiiGes of#he County in which the P�op�rty is located; and
<br /> Idy With respect to al[�r any part❑f�he Persan�l Property, Lender shaff haWe all the rights and remedies
<br /> of a secured par�y under the Nebraska Unifarm Cammercial Code.
<br /> Fore�losure hy Power of 5ale. If Lender ele�ts�kv fvre�lvse by exercise❑f the Pvwer o�5ale h�rein conta�ned.
<br /> Lender shall natify Trustee and shall deposit w�th Truste� this Deed af Trust and the Cred�t Agreement and
<br /> su�h r�ceipts and e�idence o#expenditures rnade and secur�d �y this Deed a�Trust as Trustee may requir�,
<br /> �ay �pon r�ceip�vf such nvtice fram Lender, Trust�e shail cause#a be record�d, published and deli�ered
<br /> tv Trustvr such Notice Q� D��ault and N�tiee vf Sale as then r�quired hy law and by�his Deed of Trust.
<br /> Trustee shalf, without demand vn Trustor, after such time as may fihen he required by faw and after
<br /> recorda�tivn of su�h Notice of D�fault and after Natice �f 5ale ha�ing been gi�en as required by law, sell
<br /> the Property at the time and place v� sale fixed hy it �n such Natice �f Sale, either as a who�e, or in
<br /> separate lats❑r par�els or i�ems as Truste�shali d�em expedien�, and in such�rder as it may d�termine,
<br /> at public auctian t�the highest bidder�or c�sh in lavuful mvney of th� l]nit�d 5tates payabl� at the tirn�
<br /> o� sale. Trustee shal� deli�er to such purchaser or pur�has�rs thereof its govd and sufficient deed or
<br /> deeds conveying the prvperty s❑ said, but withvut any cov�nant ar warran#y, express or implied. The
<br /> reci�als in such deed of any matters or fa�ts shall b� �vnclusi�� proof of the truthfulness th�r�af. Any
<br /> person, including wi�hvut limitation Trustor,Trustee,or Lender, may purchase at su�h sale.
<br /> 4�} As may �� permitted tay faw, a�ter deduGting a!I costs, f�es anal expens�s o� Trustee and of this
<br /> Trust, �ncfuding casts o�evid�nce of ti�le in c�nne�ti�n with sale,Trustee shalf apply the proceeds of sale
<br /> to payment of �iy all surns expended under �he terms of �his ❑eed of Trust or under the terms vf the
<br /> Credit Agreement not then repaid, including but na� limi�ed t❑ a�crued Enteres�and late charges, Rii� all
<br /> ather sums then secured hereby, and �iii� the remainder, ifi any, to �he pers�n or persons lega[ly entitied
<br /> thereto.
<br /> �c} Trus�ee rnay in the rnanner pravided by law pos�pone sale of all ar any partion vf the Prvperty.
<br /> Rernedies Not Exclusirre. Tru�tee and Lender, and ea�h of them, shall I�e �nti�ied to en�orce payrn�nt and
<br /> perform�nc�vf any �ndebtedness or ob�igatians secured hy this Deed of Trust and tv exercise all rights and pvwers
<br /> under this ae�d of Trust, under the CcedEt Agreement, under any ❑f the Refated Documen�s, ar under any o�h�r
<br /> agreement or any laws now �r hereafter in force; notwithstanding, svme or all ❑f such indebtedness and
<br /> obligations s�cured by this De�d of Trust may now or hereafter be otherwis�secured, whether�y mortgage, deed
<br /> of trust, pledge, li�n, assignrnent or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br /> whether by cvurt actian ❑r pursuant tQ the pawer of sale or v�her pow�rs cantained in this �eed ❑f Trust, shal�
<br /> prejudiGe ❑r in any manner affec�Trust�e's or Lender's right to realize upon or enfarce any other se�urity n�w or
<br /> hereaf�er held by Trustee or Lender, it being agreed that Truste�and Lender, and each of them, shall he entitfed to
<br /> en�orce this D�ed of Trust and any ❑ther security now or hereafter hefd by Lender ar Trustee �n su�h order and
<br /> manner as they vr either flf them may in their absolute discretian determine. Nv remedy conf�rred upvn ar
<br /> reser�ed t❑ Trus�ee or Lender, is intended tv be �xclusi�e vf any o�her remedy in this ❑eed a� Trust ❑r by [aw
<br /> prv�ided ar permitt�d, �ut each shall b� cumulative and sha�! b� in addition t� e�ery o�her remedy gi�en in this
<br /> De�d of Trust vr nvw or hereaft�r existing at law or in �quity❑r by s�atute. E�ery power or remedy�iven by the
<br /> Cr�dit �4greernent vr any af the Relatsd Documents to Trustee ar Lender or to which either o� them may be
<br /> otherwise entitled, may �e exercised, concurr�ntEy ar indep�ndently, from tirne to time and as oft�n as may be
<br /> deemed expedient by Truste� ar Lender, and either af them may pursue incons�s�ent remedies. Nothing in this
<br /> Deed o�Trust shal� be �anstrued as prah�biting Lender from see�Cing a deficiency judgment against the Trusta�to
<br /> the exten�t such action is permit�ed �y faw.
<br /> Ele�tivn of Remedies. All af Lender's rights and remed�es ►n►ili be �umulati�e and may be exercised alone �r
<br /> tagether. I� L�nder d�cides �v spend money or to perform any ofi Trus�tor's ab��gations under this 17eed of Trust,
<br /> after Trustar's failure t❑ do so, that decisian by Lend�r will nvt affect Lender's right to d�clare Trustor in de�au�fi
<br /> and ta exercise Lender's remedies.
<br /> Request f�r Natice. Trustor, on hehalf of Trustor and Lender, hereby requests that a capy af any Nvtice of Default
<br /> and a capy❑f any Notice of Sale under this Qe�d�f Trust be mailed to them at the addresses set�orth in the first
<br /> paragraph of this Deed af Trust.
<br /> Attvrneys' Fees, Expenses. If Lende� insti�utes any suit or act�on t❑ enfarce any ❑f the terms af this Deed of
<br /> Trust, L�nder sha�� he entitled t❑ re���er su�h sum as the caurt may ad�udge r�asonable as a�torneys' fees at trial
<br /> and upon any appeal. INhether ar no� any court a�fiifln is inVvl��d, and �o the extent nat prohihit�d by law, ai!
<br /> reasvnable expenses Lender 'rncurs that in Lender's vpinivn are ne�essary at any t�m� for the protection of its
<br /> interest or the enfor�ement o�its rights sha11 ��come a part of the Indebtedness payable�n demand and shall bear
<br /> interest at #he Credit Agreement rate fram the date of the expendi�ure until repaid. Expenses cv�ered by this
<br /> paragraph include, withou�fimitativn, however subje�t�� any I�mits under applicable law, Lender`s attorneys' fees
<br /> and Lender's legal exp�nses, whether or not there is a lawsu�t� includin� attorneys' fees and expenses fvr
<br /> bankruptcy proc��dings {incfuding e��or�s t❑ m�dify vr�acate any autornatic stay or injunctian�, appeals, and any
<br /> antiGfpated pvst-judgmen# colle�tivn ser�ices, th� cost af searching re�ards, abtaining title r�ports �inc�uding
<br /> fareclosure reports�, surveyvrs` �eparts, and appraisa! fees, titl� insurance, and fees for�th� Trus�ee, to the extent
<br /> permitted by applicable law. Trustvr alsv will pay any Gourt�osts, in addition t❑ a!!other sums pro�ided by law.
<br /> Righ#s of Trustee. Trust�e shalf ha�e all of the rights and duties af Lender as se�fvrth in this sectian.
<br /> P�WERS AN❑�gLIGATIQNS �F TRUSTEE. The f�ilowin� pro�isions relating to the pawers and vb��gatians af Trustee
<br /> are part of this Deed of Trust:
<br /> Pvwers vf Trustee. !n addition��all po►rvers ❑f Trus�ee arising as a matter of�aw, Trustee shall ha�e the power to
<br /> #ake the fo�low�ng actions with r�spect ta th� Prop�rty upon the written request of Lender and Trustor: �ay jvin in
<br /> preparing and filing a map or pla� ❑f �the R�al Praperty, including the dedication of streets or ather rights tv the
<br /> publi�; {b} join in granting any easement or creating any r�striGtion on �he Rea! Property; and ��� jain in any
<br /> su�ardinatian or other agre�ment aff�cting this❑eed of Trust ar the interest af Lender und�r this Deed❑f Trust.
<br /> Trus#ee. Trust�e shafl meet all qualificativns required far Trus�ee under applicable law. In add�tivn tv the rights
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