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�D15D733D
<br /> DEED �F TRLJST
<br /> �Corlt�nued� Pa�e 5
<br /> and ele�tic�n�a cause Trustor's interest�n the Proper#y to be sofd, whi�h not�ce Trustee shall cause to be
<br /> duiy�iled far record in the appropriat�❑#'�ices�f�he Caunxy in whic;h the Prnperty is lacated; and
<br /> �dy With respec�to all or any part of the Personal Prap�rty. Lend�r shali ha�e aii the rights and remedies
<br /> o�a�e�u�ed party under the Nebraska L�ni�arm �ammercia� Code,
<br /> Foreclasure by Pawer of Sale, If Lender elects tv�oreclvse by exercise of fihe Powe�of 5ale h�rein cvntain�d,
<br /> Lsnder shall nv�ify Trustee and sha�l depvsit with Trustee this (�eed of Trust and the Credit Agreemen� and
<br /> such receipts and ��idence af expenditur�s made and �ecured l�y this❑eed of Tru�t as Trustee may require,
<br /> {�) Upan re�eipt of such notice fram Lender, Trustee shaEl cause�❑ be recarded, published and deli�ered
<br /> ta Trustor such Nvtice of D�fault and Nvtice ❑f S�le as then required by law and by this ❑�ed of Tru�t,
<br /> Trustee shall, withvut demand on Trustar, after such time as may then be required by law and aft�r
<br /> recvrdation of such Natice at ❑efault and after Nvtice❑f Sale having heen gi�en as required by law, sell
<br /> �h� �'ro�erty a� the time and pRace a�' s�l� fixed by i� in such 1Voti�� of 5a1�, either �s a whvie, vr +n
<br /> separate la�s ar par�els vr items as Trustee sha11 deem�xpedient, and in such�rder as it may determine,
<br /> at puhlic auction to the highest bidder for cash En lawful money of the United States payable a�the time
<br /> o� sale. Tru�tee shall deliWer ta such pur�haser or purchasers �hereof its good an�i su�ficient deed ❑r
<br /> deeds cvnveying the property so sold, but without any covenant or rrvarranty, express or implied. The
<br /> recitals in such deed of any matters vr facts shall be cvnclusi�e praof af the truthfulness there�f. Any
<br /> persan, including wifihQu�limita�ian Trus�or,Trustee,or L�nder, may pur�has��t such sa�e.
<br /> �b� As may be perrnitted by law, a�t�r deducting all costs, #��s and expenses of Trustee an� of this
<br /> Trusx, includinc� costs vf e�iden��vf title tn cannec�ian with sal�,Trustee shali apply the praGeeds of sale
<br /> t❑ payment of �i} alf sums �xp�nded under th� �erms vf this Deed of Trust or under the terms of th�
<br /> Credit Agreement not then repaid, incfuding but nat limited to accrued interest and la�e charges, �iiy aff
<br /> other sums then se�ur�d hereby, �nd tiii} �he remainder, if any, t�the pers�n�r persans legally�ntitled
<br /> thereta.
<br /> �c� Trustee may in the manner pro�ided by law postpvne sale of all ar any portion of the Property.
<br /> Remedies Nvt Ex�iu�ive. Trustee and Lender, and eaGh o� them, shall be entitl�d t� enf�rce paym�nt and
<br /> performance❑�any ind�htedness ar�bli�ations secured by this Deed af Trus�and ta exercise all rights ar�d pvwers
<br /> und�r �his [7e�d ❑f Trus�, under the Cr�dit Agreemen�, under an►� af th� R�lat�d Dacumen#s. or under an� othe�
<br /> agreern�nt ❑r any Ia�nrs now or hereafter in �or�e; na�withstanding� some or aEl of such indebtedness and
<br /> obligatians secured by thi� Deed of Trust may naw or�ereafter be otherwise secured, wheCher by mnrt�age, d��d
<br /> of trus�, pfedc�e, �ien, assignm�nt�r otherwise. Neither the a�ceptance o#this Deed of Trus�nor its enfvr�ement,
<br /> whether by cvurt a��ir�n or p�rsuant to the power vf sal� ar other pawers cvntained in this deed a�F Trust, shall
<br /> prejudi�e or in any manner affect Trust�e's or Lender's righfi to realize upvn or en��rce any ather security naw ar
<br /> h�reaf�er held by Trustee or Lender, it being agreed tha�Trustee and Lender, and each caf them, shal! k�e�ntitled to
<br /> en�arGe this ❑eed af Trust and any ather se�ur�ty now vr her�aft�r held by Lender ar Trustee in such arder and
<br /> manner as they o� ei�he� at them may in their absolute dts�retion determine. No remedy canferred upan ar
<br /> r�serv�d t� Trustee ar Lender, is intended ta �e exclusi�e o� any a�her remedy in this Deed o'�Trust �r hy law
<br /> prvv�ded ❑r permitted, but each shall b� cumulatiWe and shall be in additiQn ta e�ery oth�r remedy gi�en in this
<br /> Deed �f Trust ar now or her�after existing at law ❑r in equity ar by statu�te, E�ery power vr remedy gi�en by �he
<br /> Credi� Agreernent ❑r any af th� Related C�acurn�n�Cs t� Trustee ar Lend�r ar #o which �i�her vf them may �e
<br /> oth�rwise �ntitled, may be exercised, �ancurrently ar independen�ly, frarn t�m� ta time and �s often as may b�
<br /> deemed expedient by Trustee or Lender, and either nf them may pursue in�onsistent rsmedie�. Nathing �n this
<br /> D�ed of Tru�t �hall be can�t�rued as prvhibi�ing Lender fram seeking a d�ti��ency judgment against the Trustor to
<br /> �Che ex�tent such activn is permitt�d by law.
<br /> Ele�tia�n af Remedies. All of Lender's rights and rernedie� vvill be �umulat+�e and may be ex�rcised afone ar
<br /> toge�her. If L�nder decides tv spend mvney �r tQ p�rform any of Trustar's vblig�tion� under�his Deed of Trust,
<br /> after Trustvr's failure to da so, that decision by Lend�r will nat affect Lender's ri�ht ta deciars Trustor in defiault
<br /> and to exercise Lender's rem�dies.
<br /> Request fvr Nvtice. Trustor,on behalf o�Trustvr and Lender, hereby requests that a c�py a�any NatEce af De�ault
<br /> and a capy ofi any Nvtice af 5ale under this ❑eed of Trust be rnaifed to th�rn at th� addresses set farth in the first
<br /> parag�aph of this Deed Q�Trust,
<br /> Attarneys' Fees; Expenses. ff Lender institutes any suit ar actEon tv enf�rce an� ❑� the terms o� thfs ❑eed of
<br /> Trust, Lender shals be�ntitled to reca�er such sum as the caurt rnay adjudge r��sonabl�as attorn�ys' fees at trial
<br /> and up�n any appeaf. Whether or not any cour� �ction is in�o��ed, and tv �he extent nat prohibited by iaw, a!1
<br /> rsasonabfe expenses Lender incurs that in Lender's opinion are necessary at any tim� f�r �he protectian af its
<br /> �nterest or th�enfarcern�nt of its rights shall became a part of the Indebtedne�s payable on demand and�h�ll bear
<br /> in�erest at the Credit Agr�ement rate from the date of th� expenditur� un�il repaid. ExpensPs c�W�red hy this
<br /> paragraph in�luder withvut limitati�n, hvwever subjec�#ta any limits under app�i�abie law, Lender's attorn�ys' fees
<br /> and Lender's lega! expens�s, whether crr nat there is a lavusuit, in�[uding attorneys' fees and expen5es f�r
<br /> bankruptcy proceedings �including efforts to modify ar�a�ate any automatic s�ay or injunctian�, app�als, and any
<br /> anticipated pvst-judgment �ollection ser�i�es, the cast of searching recards, obtaining tit[e r�ports �including
<br /> fnreciosure reports�, surve�ors` reparts, and appraisal fees, title insurancs, and �ees for the Trust�e, tv the ext�n�
<br /> permitted b�applicab�e law. Trustor a�sv w;i!pay any cour�costs, in additi�n�o all oth�r sums prv�ided t�y law.
<br /> Rights Qf Trustee. TrustPP shall have all�f the rights and duties��Lender a� set�orth in this section.
<br /> �'aVIIERS ANC3�BLlGATIt]hIS OF TRUSTEE. The follvwing prouisions relating to�h� pawers and abligations vf Trustee
<br /> are part vf this Deed of Trust:
<br /> Paw�rs of Tru�tee. In�ddition tv all paw�rs❑f Tr�astee ariSing as a m�tte�o#law,Trus�Cee shafl ha��the power ta
<br /> tak�the fallowing ac�ions with respect ta �he Prvp�rty upon the written request o�Lend�r and Trustor: �a� j�in in
<br /> pr�paring and filing a map ar plat of the Real Property, including the dedi�ation r�f streets or v�he� rights to the
<br /> public; �by join in gr�n�ing any easern�nt or cre�ting any restriction ❑n th� Real Prvperty; and �G} jain in any
<br /> subardination ar❑ther agreement afifiecting this[]eed❑�Trusfi❑r the interest of Lender under this ❑�ed af Trust.
<br /> Trustee, Tru�x�e shall meet all qualificativns required fvr Trustee und�r applicahle }aw, ln additian tv the rights
<br /> and remedies set fvrth abo�e, with respect tv all or any p�r� of the Property, the Trust�e shall have the right�v
<br /> foreclvse by no�ice and sale, and Lender vuill ha�e the right to foreclase by judic+al foreclvsure, in �ither �ase in
<br /> acc�rdan��with�nd t❑th��ull e�c�ent pro�ided by appli�abl�l�w.
<br /> Successor Trustee. Lender, at Lender's❑ptian, may frarn time to time appoint a su�cessor Trustee to any T�ustee
<br /> appvinted under this Deed �f Trus� by an instrument exe�uted and acknowled�ed by Lender and recarded in the
<br /> of#ice of the reGarder nf HALL Caunty, �tate af N�braska. Th� ins�rument shall cont�in, in addition ta all other
<br /> matters required by s�ate �aw, the names o# the vriginal Len�er, Trust�e, and Trustvr, the bool� and page �Qs
<br /> com�u��r sys�em re#erencef wherE this De�d of T�ust is �e�orded, and the name and address of the success�r
<br /> trust��, and the�nstrument shall be exeGuted and acknawl�dged by all the bene�iciaries under this Deed vf Trust ar
<br /> �heir successars in interest. The su�cessor trustee, �ithoufi �on�eyance ofi the Propertyr shali su�c��d to al� �he
<br /> title, p�v�►er, and duties cQnferred upan th�Trustee in this Deed a�Trust and ay appiicahle law. This pracet�ure for
<br /> sub�titutian af Trustee�hall go�ern to the e�clusian of a�l v�her pravisions#c�r substitution.
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