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��1 5�7�98
<br /> DEE13 �F TRL��T
<br /> ���nti��ed} Page 3
<br /> such default ar pursuant to su�h nati�e ofi defau[t; and, nvtwithstanding the continuance in possession of
<br /> the Pro�erty or the colfection, recefpt and application ❑f rents, issues or pro#its, Truste� ar Lender shall
<br /> be en�i�led to exercfse �very right provided fo� in the Credit Agreement vr the Rela�ed Do�umen�s flr k�y
<br /> law upon�he accurrence�f any�vent vf default, in�lu�ing the right ta exer�ise�he paWer o#safe;
<br /> �b3 Commence an activn to f�r�close this Deed of Trust as a mortgage, appoint a re�eiWer or specifically
<br /> enforce any❑f the ca�enants here�f; and
<br /> tc� De[i�er t�Trustee a written declaration ❑f de�rault and demand far sale and a wri�ten noti�e of default
<br /> and ele�tian to �ause Trustor's inrterest in the Property tv be so�d, which notice Trustee shal� cause to be
<br /> duly filed for record in the apprapriate of��ices of the C�unty in whi�h the Prap�rty is located; and
<br /> {d} Vllith respect to a11 or any part vf the Personal Property, Lender sha{i have a�i the rights and remedies
<br /> vf a se�ured party under the IVebraska Uniform Commercia[Cod�.
<br /> Fvrec[osure by Pvwer vf Sale. !f Lender elects to�Forecfvs� by�xercise o�the Po�rer of 5ale herein�vntained,
<br /> Lender sha[� notify Trustee and shall deposit with Trustee this Deed of Trust and the CredFt Agreemen� and
<br /> such receip�s and e�idence o#expenditures made and secured by this ❑eed of Trust as Trusfiee may require.
<br /> �a� lJpon re�eipt❑f such nv�ice�rom Lender, Trustee sha�1 cause to be re�arded, pub�ished and de�i�erec]
<br /> tv Trus�or such Noti�e o# Defau[t and Noti�e ❑f Sale as then r�qu�red by law and by th�s Deed ❑f Trust.
<br /> Trustee shaf[, withaut d�mand on Trus�or. after suGh time as may then �e required hy law and afCer
<br /> recordafiion �f such No�ice of ❑efaul�and after Notice of Sa1e ha�ing been given as required by la�nr, sell
<br /> the Property at the time and pl�ce o# sal� fixed by i-t in such 1V�tice af 5ale, eifiher as a whvie, or in
<br /> separate lo�s or parcels or items as Trus�ee shaf[deem expedient, and in su�h order as it may determine,
<br /> at pub��c aucfiion to the highest bidder�or cash in lawful money of fihe United States payable at the t`rme
<br /> of safe. Trustee sha[I deliver t❑ such pu�-chaser or purchasers thereof i�s good and sufficient deed or
<br /> deeds con�eying �he prvperty so sald, but without any ca�enant ar rniarranty, express or imp�ied. The
<br /> reci�als in su�h deed �� any matters or �ac�s sha11 be conc[usi�e pro�f o�F the �ruthfulness thereaf. Any
<br /> �erson, including w�thout limitafiion Trustar,Trustee,or Lender,may purchase at su�h sale.
<br /> �b} As may �e permitted �y law, after deducting all costs, fees and expenses �f Trustee and D� �hf5
<br /> Trust, including cvsts a�e�idence of tit[e in cvnnection with sa[e.T�-ustee sha�l apply the proceeds of sale
<br /> to payment of {i� all sums expended under �he terms of this Deed af Trust or under the terms of fihe
<br /> �redit Agreement not then repaid, inc[ud�ng but not lirnited �❑ accrued in��r�st and lat� charges, {ii} a[�
<br /> other surns then secured hereby, and �iii� the remainder, if any, t� the person or persons legally enti�led
<br /> thereto.
<br /> t�� Trus�ee may in fihe manner pro�ided by!aw pastpone sa{e o�all or any pvrtion of the Property.
<br /> Rennedies il�ot Exclusive. Trustee and Lender, and ea�h of them, sha[[ be en�it[ed t� enfor�e payment and
<br /> per-�orman�e❑f any�ndebtedn�ss or abligatians secured by th�s Deed vf Trust and t❑ exercise all rights and povv�rs
<br /> under -this Deed ❑f Trust, under �he Credit Agreement, under any o��he Re�ated Qacuments, or under any vther
<br /> agreement ❑r any laws now or hereaf�er in force; notwithstanding, same or al[ �f such indebtedness and
<br /> ❑hligations secured by this Deed of Trust may now�r hereafter be athervsr�se se�ured, whether by martgage, deed
<br /> of trust, pledge, lien, ass�gnmen-t ar oth�rwise. Neither the acceptance o�f this IQeed of Trust nor its enfar�ement,
<br /> whether t�y cour� ac�it�n vr pursuant t� �he power af sa�e or ather powers cantained �n this Deed ❑f Trust, shalf
<br /> prejudice or in any mann�r affect Trustee"s or Lende�'s right t� reali�e upon or en�orce any❑ther security naw ar
<br /> hereafter h�ld�y Trustee or Lender, it being agreed that Trusfiee and Lend�r, and ea�h o�them,shall be entit[�d to
<br /> enforce this �]eed o�Trust and any �ther security naw or hereafter held by Lender or Trustee in su�h order and
<br /> rnanner as they or ei�her of them may in their absolute discre�ion defiermine. No remedy can#erred upon or
<br /> reserved to Truste� vr Lender, is intended to be ex�lusiUe af any vther remedy in this D�ed v� Trust vr by law
<br /> pro�ided ar permi�ted, but each shall be cumulati�e and shall be in addition to every o�her remedy gi�en in �his
<br /> Deed �f Trust or now ❑r hereafter existing at law or �n e�uity or by statute. Euery pvwer or remedy given hy the
<br /> Credit Agreement �r any vf the Related ❑acuments t� Truste� �r Lender ar to which either af #hem may be
<br /> atherwise en�it[ed, may be exercised, concurren�ly ❑r �ndependently, from �ime �o tirne and as a��en as may be
<br /> deemed expedient by Trustee or Lender, and �ither of them may pursu� inconsistent remed�es. No�hing in this
<br /> ��ed of Trus�shall be cons��ued as prohibiting Lender frvrn seeking a de�iciency judgment against the Trust�r ta
<br /> the�xtent such acti�n is perrnitt�d by law,
<br /> E[ec�ivn o# Remedias. A[! of Lender's rights and remedies wi[� b� curnulati�e and may be exercised a[ane or
<br /> toge�her. lf Lender decides to spend mon�y or to perform any �t Trustor's abliga�ians under this D�ed af Trus�,
<br /> aft�r Trustor's failure ta d❑ so, that decision by Lender w�!! n�t affe�t Lender's r�ght tv declare Trust�r in default
<br /> and ta exercise Lender's rernedies.
<br /> Rec�uest for Nati�e. Trustar, ❑n�ehalf of Tfustor and Lender, her�by requests that a copy a�any Na�ic�of Detault
<br /> an� a copy af any Notice of Sale under this Deed o�Trust be mailed tn them at the addresses s�t�orth in the first
<br /> paragraph�f this Deed of Trust.
<br /> At#orneys' Fees; Expenses. lf Lender insti�utes any suit or ac�ion t� enf�rce any of the terms of th�s Deed ❑f
<br /> Trust, L�nder shal! be enti�led �v reco�er such sum as the court may adjudge r�as�nable as attorn�ys' fees at tr�al
<br /> and upan any app�al. Vllhether or nat any court act�on is in�o[�ed, and to the extent nflt prohibi�ed by [aw, all
<br /> reasanab[e expenses Lender incurs that in Lende�'s opfnion are ne��ssary at any time fnr the pr�te�tivn of its
<br /> int�rest or the�nfvr�ement of its rights shall become a par�of the Endebt�dness payable an demand and shall bear
<br /> inte�est at the C�edi� Agreement rate frorn the dat� af the expendi�ure unt91 �epaid. Expens�s covered hy this
<br /> paragraph include, without limi�ation, hotirve�er suk�je�t to any limits under applicabfe law, Lender's attorneys' f�es
<br /> and Lender's legal expenses, whether ar no� �here is a lawsuit, including at�arneys' fees and expenses �or
<br /> bankrup��y proceedings (incfud�ng e���rfis t� modify or Wacate any autamatic stay or injunc�ion}, appeals, and any
<br /> anticipated post-judgment cvllect"ron ser�ices, the cast of searching records, �b�ainEng �itle reports �including
<br /> foreclosur� reports], sur�eyors' reports, and appraisal fees, ti�le insurance, and fees fvr the Truste�, to the extent
<br /> permi�ted by appli�able law. Trustor als❑will pay any c�urt�osts, in additi�n�a all vther sums pra�ided by law,
<br /> IVIISCELLANE�US PF��Vl51D�15. The following miscellaneaus prv�isions are a part of this ❑eed of Trust:
<br /> Go�erning Laerv. Th�s �e�d o� Trust vr►iIl be go�err�ed by-�edera[ !aw appt�cable ta Lender and, to #he ex#ent not
<br /> preempted�y federa[9aw,th�laws v��he S#�te v�Nebraska withou�regarc�to its con�icts of law provisivns. This
<br /> �eed o�Trus�has b�en accep�ec!by E.ender in�he 5t��e of 1Vebr�ska.
<br /> Ti�xa�is��#he Essence. Time is of the essence in#he p��formance of this Deed of Trust.
<br /> �111a�►��r o� Homestead Exemptian. Trus-�or hereby releases and waiWes all rights and benefits of th� homestead
<br /> exemptian lavirs of the 5tate a#Nebraska as to alf lndehtedness secured hy this�eed af Trust.
<br /> DEF�NtTlDNS. The�Fol�owing rrvards shall ha�e the folfowing meanings wh�n used in this Deed of Trust:
<br /> Benefi�i�ry. The word "gene�i�iary" rneans Pinnac[e gank-KMN, and its successors and assigns.
<br /> Borrow�r. The word "Borrower" means gR[AfV J, ST��[� and T�AVIlN iV, STDCK and includes all co-signers and
<br /> ca-mak�rs signing�he Credit Agreement and all their successors and assigns.
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