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2� 15�7522
<br /> DEED �F TRUST
<br /> tCotltirlued� I�age �
<br /> RIGHTS AND REME�IES t7N DEFAULT. If an E�ent of Default acGurs under this Deed v�Trust, at any time thereafter,
<br /> Trustee ar Lender may exercise any one or mv�e of the following rights and remedies:
<br /> A�celera�ion Upon Default:Addi�ional Remedies. !f any E�ent flf ❑efault�ccurs as p�r the terms of the Credit
<br /> Agreement se�ured hereby, Lender may declare all lndeb�edness secur�d by�his Deed v�Trust to be due and
<br /> paya�le and the same shall thereupon become du� and payabt� withaut any presentment, demand, pratest�r
<br /> no�tice o�any kind. Thereafter, Lender may:
<br /> �a� E�ther in person or by ag�nt, with ❑r without bringing any action or proceeding, or by a �ecei�er
<br /> appainted by a cQurt and withvut regard to the adequa�y of its security, enter upan and take possession
<br /> af the Prope�ty, or any par�t th���of, in its�wn name ar in the name of Trus�ee, and da any aGts which it
<br /> deems ne�essary or desirah�e to preser�e the �alue, marketability or rentability vf the Property, or part of
<br /> the Proper�y ar interes� in the Praperty; in�rease th� income from the Prvperty or pratect the security af
<br /> �he Proper�y; and, wi�h or with�ut taking possessi�n af the Property, sue for or ❑th�rwise collect the
<br /> rents, issu�s and profits of th� Property, in�luding those past due and unpaid, and apply the same, less
<br /> �Qsts and expenses of�peration and col�eGtian attnrneys' �B@'Sr to any indebtedness secur�d by this Deed
<br /> a# Trust, af� in such ❑rd�r as Lender may determine. The ent�ring upon and taking passessi�n vf �he
<br /> Pr�perfiy, �he coilection af such rents, issues and profits, and the appfication thereof shal! nat cur� or
<br /> wai�e any de�ault vr n�tic� a�defau�t under this Deed of Trust or in�ali�ate any act dQne in respanse to
<br /> such detault or{�ursuant t�a such natice o�detault; and, notwi�hstanding the car�tinuance in possession of
<br /> the Praper�y �r the cfll�ectian, re�eip� and appli�ation af rents, issues or praf�ts, Trustee ar Lender shall
<br /> be en�itled t❑ exercise every righ� provided for in the Credit Agreement or th� Re�at�d Dacumen�s ar by
<br /> law upon the o��urrence of any e�ent of defaul�, including the right ta exercise the pow�r of sale;
<br /> �bj �ommence an action t��ore�lose this De�d of Trust as a mortgag�, appoint a recei�er or specifically
<br /> entarce any of#I�e covenan�s hereof; and
<br /> �c� De�i�er to Trustee a wr�tten deciaratian o�default and demand�or sale and a wri�ten noti�e ot default
<br /> and election to cause Trust�r's interest in the Property t❑ be sald, which natE�� Trustee shall cause t� be
<br /> duly filed far r�ca�d in�he appropriate offi�es vf the County in which th� Praperty is la�a�ed; and
<br /> �d� 1lVith respe�t t� al� or any par�❑f the Personal Praperty, Lender shall ha�e all the rights and remedies
<br /> of a secur�d party under the Nebraska Llnifarm �vmmercial �vde.
<br /> Foreciosure hy Pawer v�Sale. If Lender elects to for�close �y exercis�of�he Power v�Saie herein�vntained,
<br /> Lender shall notify Trustee and shall deposit w�th Trustee this Deed �f Trust and the Credit Agreement and
<br /> s��h rece�pts and evidence of e�penditures made and se�ured by this D�ed of Trust as T�uste� may requ�re.
<br /> ta� lJpvn reG�ipt of such noti�e fram Lender, Trustee shall cause to b� recorded, published and deli�ered
<br /> tv Trustar such Nat+ce o� De�ault and Notice of Sale as �hen r�quired t�y law and by this Deed v�Trust.
<br /> Trustee shall, without demand on Trus�ar, after such time as may then b� required �y law and a#ter
<br /> re�ordativn of such Nvfiice �f Default and af�er Nati�� af Sale ha�ing been gi��n as required hy faw, sell
<br /> the Property at the time and place ofi sale #ixed by it in such Notice of 5aie, either as a ►nrhole, or in
<br /> s�parate lots or par�els ar items as Trustee shall deem expedient, and in such order as it may de�termine,
<br /> at publ�c auctivn to the highest bidder#or cash �n lawful money ofi the lJni�ed States payable at the time
<br /> of sale. Trustee shall deli�er t❑ such purchaser or purchasers thereof its gaod and sutficient deed or
<br /> deeds �an��ying the property s� sald, but withaut any �o�enant ar warranty, express ar imp[�ed. The
<br /> recitals in such deed o� any m�tt�rs or facts shall be conclusi�� praaf a� the �ruthfulness there�f. Any
<br /> person, including without limitativn Trustar, Trus�ee, vr Lender, may purchase at such sal�.
<br /> �h� As may be permitted by �aw, after deducfiing all �osts, fees and exp�ns�s af Trustee and of this
<br /> Trust, in�luding �osts vf e�idence of title in cannec�ivn with sal�, Trustee sha11 apply the proceeds of sale
<br /> to paym�nt of �i� all sums expended under the terms v� th�s Deed of Trust or under the terms of the
<br /> Credit Agreement not th�n repa�d, inc�uding but nat limited �� acGrued interest and late charges, �iiy all
<br /> ather sums then secu�ed h�reby, and {iiiy the remainder, if any, ta the person or persons legaffy entitled
<br /> there�o.
<br /> �cy Trustee may in the manner pro�ided by law postpone sale of all or any porti�n of the Property.
<br /> Remedies Not Exc�us�ve. Trustee and Lender, and each of them, shall be enti�led to enf�rce payment and
<br /> per�ormance o�any indebtedness or obfigations secured by this Deed af Trust and tv exercise all �ights and powers
<br /> under this De�� a� Trust, under th� Credit Agreement, under any of t�e R�lated DoGumen�s, �r under any ath�r
<br /> agreement ar any Caws now or h�rea�t�r in force; notwithstanding, same or afl of such indebtedness an�
<br /> abl�gations se�ured by this ❑eed o�Trust may nvw ❑r hereaf��r be o�herwise secured, whe#her by martgage, deed
<br /> of trust, pledge, �ien, assignment ar otherv►►ise. Neither the acceptance of this Q�ed o�Trust nor �ts en�or�ement,
<br /> wh�ther by cvurt ac�ian or pursuan� to the power vf sale ar ather powers contained in this De�d of Trust, shall
<br /> pre�ud�ce or in any manner affie��Trustee's or Lender's right tv rea�ize upon or enfor�� any other se�ur�ty n�w �r
<br /> hereaf�er held by Trustee vr Lender, it being agreed that Trustee and Lender, and each o�them, shaii be ent�t[ed�to
<br /> enfarce this Deed o# Trust and any oth�r se�ur�ty now or herea#ter he�d by Lender or Trustee in such arder and
<br /> manner as they or either of thsm may in their absalu�e discretian determine. Na remedy conferred upon or
<br /> rese���d to Trustee �r Lender, is in�ended to be exGlusiue of any other remedy in this Deed vf Yrus� or by law
<br /> pro�ided or perm�tted, bu# ea�h shall be �umulati�e and shall b� in addition �o e�ery other r�medy gi�en in this
<br /> ❑eed af Trust �r nvw vr hereafter existing at law or in equity ❑r by statute. E�ery pov►rer or remedy gi�en hy the
<br /> Cr�dit Agreement or any v� the Related Dacuments to Trustee or Lender vr to which either nf �hem may he
<br /> oth�rwise en�i�led, may be ex�r�ised, cvncurrently o� independent�y, from time t❑ time and as often as may he
<br /> deemed expedient by Trustee or Lender, and either v# them may pu�sue inconsistent remedies. Nothing in this
<br /> Deed of Trus�r shall be �onstrued as prvh�hiting Lender from seeking a deficiency judgment against the Trustar �a
<br /> the extsnt such action is permi�ted by law.
<br /> Ele�ti�n of Remedies. All af Lender's rights and rer�nedies will b� �umulati�� and may be exercised al�ne nr
<br /> tvgether. �f Lender decides to spend money ar �❑ perform any af Trustor's obligations under this Deed ❑f Trust,
<br /> af�er Trustar's faiiure �� da sQ, tha�t decisian by Lender w�fl not a��ect Lend�r's right to declare Trustar in default
<br /> and to exercise Lender's remedies.
<br /> Request�far Noti�e. Trustor, on behal�of Trustor and Lender, hereby r�quests that a copy of any Nvti�e �f De�ault
<br /> and a cvpy of any Natice af 5ale under�his Deed af Trust he mailed to them at the addresses set forth in th� first
<br /> parag�aph af this I]e�d of Trust.
<br /> A�torneys' Fees.• Expenses. lf L�nder institutes any suit ar ac�ion ta enforce any af the terms a� this Deed of
<br /> Trust, Lender shall be ent�t[ed to re�Q�er such sum as the court may adjudge reasonable as attarneys' fees at trial
<br /> and upon any appeal. Whether or not any c�ur� actian is �n�ol�ed, and tv th� extent not prohibited by iaw, a[I
<br /> reasonable expenses Lender incurs that in Lender's vpinion are necessary at any ��me for the prvtection o# its
<br /> in��rest or the�nforcement vf its ri�hts shall becvme a par�of the Indebtedness payabl�an demand and sha11 bea�
<br /> �nterest at the Cr�dit Agreemen� rat� �rom �he da�e a� the expenditc�re unti� �epa�d. Expenses eo�ered b� this
<br /> paragraph in�lude, without limitafiion, howe�er sub�ect t❑ any limits und�r appli�ahle �aw, Lend�r's attorneys' fees
<br /> and Lender's legai expenses, whether or not ther� is a �awsuit, including attorn�ys' f��s and expenses for
<br /> hank�ruptcy prviceedings {includ�ng e��orts t� modity ar �acate any automatic stay or in�unGtion�, appeals, and any
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