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<br /> DEED �F TRUST
<br /> �Co�t�nued� Page �
<br /> enforce any of the�o�enants hereaf; and
<br /> (�� ❑eli�er�o Trus�ee a written declarat�vn❑f default and demand f�r saie and a written noti�e af defau�t
<br /> and elec�ian�o cause Trustor"s in�erest in�he Prvperty tv be sald, which notice Trustee shall cause to be
<br /> duly filed for record in the apprapriate af�ices of the�ounty in which the Property is lo�ated; and
<br /> �d� 1Nith respect ta a�l o�any part��the Persanal Prvperty, Lende�sha�� have all the rights and remedies
<br /> of a secured party under th�Nebraska Uni�orm Cammercial Code.
<br /> Foreclosu�e by Pvwer v�Sale. �f Lender elects to foreclase by ex�rcise vf the Pvwer a�Sa��h�rein con�ained,
<br /> Lender shall noti�y Trustee and shafl d�pasit with Trustee �this Deed ❑f Trust and the Credit Agreement and
<br /> such receip�s and e�idence o�expendi�ures made and secured by this Deed�t Trus�as Trustee rnay require.
<br /> {a} lJpon receipt of su�h noti�e firam Lend�r,Trustee shaff �ause to be recorded, puhfished and deli�ered
<br /> ta Trus�or such Natice �f Default and Notic� af Sa1e as �hen required by law and by this ❑eed o#Trust.
<br /> Trus�ee sha�l, w��hout demand on Trustor, aft�r such �ime as rnay �hen be requi�ed �y law and a�rte`
<br /> recordat+on a�such Notice of Default and af�er Nvtice of Sale ha�ing been given as required by Caw, se��
<br /> thE Property at the time an�i place ❑f sale fiixed by it in such Noti�e af 5a1�, either as a whoEe, or•in
<br /> separa�e lots❑r parce�s�r items as Trust��sha��deern expedient, and in such order as i�may determine,
<br /> at public auction ta the highest b�dder for cash in lawful money af the Uni�ed 5ta�es payable a�t�he time
<br /> af sale. Trustee sha« deliver to suGh purchaser or purchasers �hereof i�s g�ad and suffic�ent deed or
<br /> deeds cvn�eying �he proper�y so s�ld, bu� without any �o�enan� ar warranty, express ar implied. The
<br /> reci�als in such d�ed vf any matter� vr facts sha�l be canclusi�e proof of the truthfulness ther�o�. Any
<br /> person, incfuding without limitatian Trustvr,Trustee, or Lender, may purchase at such sale.
<br /> {�} As may �� permitted by law, after deducting all casts, fees and expens�s af Trustee and of this
<br /> Trus�t, including cas�s af eUidenGa o�title in cannectian with saie, Trustee shai�apply�he proceed�o�sale
<br /> �o payment af �i� al[ sums expended under the terms of this De�d af Trust vr under th� t�rms a�the
<br /> Cred�t Rgreement not then repaid, including but nvt �imi�ed ta a�crued interest and late charges, �ii� aff
<br /> oth�r surns then se�ured hereby. and �iiiy the remainder� �f any� t❑ the persan ar pers�ns legally�ntitled
<br /> ther�to.
<br /> {c� Trustee may in�the manner pra�ided by law postpone sale❑t afl or any p�rtivn�f the Prvperty.
<br /> Remedies Not Exc�usive. Trustee and Lender, and �ach a� them. shall be entitled to �nfarce payment and
<br /> performance o�f any indebtedness vr abligatians se�ured by this Dsed af Trust and to exercise all rights and powers
<br /> under this Deed of Trust, under the Credit Agreement, under any v�the Related ❑ocuments� or under any other
<br /> agreement or any laws now or hereafter in far�e; notwithstanding, some flr all vf su�h indebtedness and
<br /> �bligations secured by this Deed of Trust may naw or herea�ter be o�he�v►��s� secured, whether by mvr�tgag�, deed
<br /> �f trus�, pfedg�, lien, assignment or vtherwise, Neither the acceptance a�this Deed of Trus�t nvr its en�or�ement.
<br /> wheth�r hy caurt action or pursuant ta the pawer of sale or vther powers con�ained in �his Deed vf Trust, shal[
<br /> prejudice or in any manner a#�ect Trus�ee's �r Lender's right tv reali�e upon ar enfar�e any other security naw or
<br /> hereafter held by Trustee vr Lender, i�being agreed that Trustee and Lender� and ea�h o�thern, shal� b� entitled ta
<br /> en�orce this Deed of Trus� and any ❑�her securit� now or hereafter held by Lender or Trustee in such order and
<br /> manner as they or either o� them may in their absalute discretion determine. Nv rernedy canferr�d upon or
<br /> reser�ed t❑ Trustee or Lender, is intended to be �x��usi�e ❑f any �ther remedy in this �eed o� Trust vr by Iaw
<br /> provided or p�rmi��ed, but each shall �� cumulative and shall be in addi�ian �o e�ery ❑�her r�m�dy gi�en in �his
<br /> Deed �f Trust�r naw or hereafter existing at iaw �r in equity❑r by statute. E�ery power vr remedy gi�en by the
<br /> Credit Agre�ment ��- any of the �ielated ❑ocuments to Trustee ar Lender o� to which e�ther af them may be
<br /> otherwise en�i�led, may be exercised. �an�urrently or ind�pendent�y. #rvm time ta time and as often as may be
<br /> deemed �xpedient by Trustes v� Lender, and either of �hem may pursue inconsisten� remed�es. fVathing in this
<br /> Deed nf Trust shail be construed as prahibiting Lender from seeking a de�i�iency�udgment against the TrustQr to
<br /> the e�tent su�h act�on is permitted by law.
<br /> E�ection of Re�nedies. A�1 a� Lender's rights and remedies will be cumu�at�ve and may be exercised a�vn�-o�
<br /> tagether. If Lender decides to spend money o�t� perform any of Trustor's �b[igatians under this ❑eed o�Trus�,
<br /> a#�er Trus�ar's �fa��ure to d� so, that decision by Lend�r w�fl n�t affect Lender's righ�to �eclar� TrustQr in default
<br /> and to ex�rcise Lender's rernedies.
<br /> Request for Nvti�e. Trustar, on behalf o#Tru�tor and Lender, hereby requests that a capy�f any Natic� of�e�ault
<br /> and a copy o�any Nofiice af Sale under this ❑eed af Trust�e mail�d t�them at�he addresses set�a�th in the first
<br /> p�ragraph of this Deed o�Trust.
<br /> A�torneys' Fees; Expsnses. �f Lender institutes any sui� ❑r acfiivn to enfor�e any �� the terms a� this Deed vfi
<br /> Trust, L�nder shall be entit[�� t¢recaver such sum as the cvurt may adjudge reasonable as attarneys' fees at trial
<br /> and upon any appea�. Wllhether vr nat any court a�tivn is in�olved, and �o the extent nvt prohihited hy law,' all
<br /> reasonab�e �xpenses Lender incurs that in Lender's apinivn ars nacessary at any time fv� the pro�e��ion �� its
<br /> interest vr the enfarcement v�r its rights shall becarne a part of the indeb#edness payable on demand and shall bear
<br /> interest a�t the Cred€t Agreem�n� ra�e from �h� date of the exp�nditure until repaid. Expenses ca�ered hy this
<br /> paragraph in�lude, withvu��im�tation, howe�e�subje�t t� any fimits under appiicable �aw, Lender's at�orneys' fees
<br /> and Lender's lega� expenses, whether or not there is a fawsuit, including attorneys' �ees and expenses.#�r
<br /> bankruptcy prflceedings �inciuding effarts�a modify ar�acate any autvmatic stay or injunctian�, appeals, and a�ny
<br /> anticipated p�st�-judgment collect��n ser�ices. the cost o� sear�hing re�ords. obtaining tit[e repQrts �in�iuding
<br /> fareclosure reports}� sur�eyars' reports, and appraisal �ees, title insuran�e, and fees fiar the Trustee, #o the extent
<br /> permit��d by app[icable law. Trustar also wiii pay any court�osts, in additivn to alC other sums prQ�ided by law;
<br /> Rights o�Trus�ee, Trust�e shaE�ha�e all ❑f the rights and du�Ees of Lender as set far�h�n this s�G�ion.
<br /> PnVIJERS AND�BLIGATIDNS �F TRUSTEE. Th�follawing provisians relating tv th� pvwers and vbligations v�Trustee
<br /> are par�af this ❑e�d of Trust:
<br /> P�wers o�Trustee. fn additi�n ta al1 �awers o�Trustee arising as a rnatk�r of law,Trustee shall ha�e th� pawer.to
<br /> take�he�rollowing actions with respect to the Property upon the wri�ten r�qu�st o#Lender and Trustor: ta}join in
<br /> preparing and �E��ng a map ar plat v# the R�af Properr�, in�luding �he dedi�a#ivn of streets ar other rights t❑ the
<br /> �LJbIfC; �b� joi� in granting any easement vr creating any r�striction ❑n the Real Proper�y; and {G} jo�n in•any
<br /> suhordinatian o�other agreemen�C affec�ting rthis Deed o#Trust or the interest o�Lender und�r�his Deed o�Trust:
<br /> Trustee. Trustee sha�� meet all quali�ricatians required ��r Trustee under applicable iaw. In add��ion to the rights
<br /> and remedies set farth above, wi�h respect to all or any part of the Proper�ty, the Trustea shall ha�� the right �v
<br /> fareclase by nv�ice and sai�, and Lender �,vi�f have �he right to far�c�ose by judicial farec�osure, in eifiher case in
<br /> accardance with an�to the fufl extent pra�ide�by app�icabEe law.
<br /> Su�cessor Trustee. Lend�r, a�Lender's option, may fram t'rme to t�me appoint a successvr Trustse to any Trustee
<br /> appointed under�his Deed af Trust iay an instrument executed and acknowledged by Lender and recorded in the
<br /> afifice Qf the recvrd�r o� HALL County, 5tate af N�braska. The instrurnen� shall con�ain, in add�fiian to all other
<br /> ma�ters required by state [aw, the names af the ❑rig�nal Lend�r, Trustee, and Trust�r, the book and page [or
<br /> cornpu�er system,referenGel where �his Deed ❑f Trust is recarded, and the name and addr�ss a�f the successvr
<br /> �rustee, and the instrument shall be executed and ackn�wiedged by all�he bene�i�iari�s under this Deed of T�ust�r
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