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2� 15�7�8�
<br /> DE�D �F TRUST
<br /> ��ont�nu�d� � Page 5
<br /> and e�ection to cause Trustor's int��est in the Property to be sold, which nati�e Trustee shaCl cause tv �e
<br /> duly tiled tor r�co�c��n the appropr�ate nttices of�he Cvunty in which the Property is �ocated; and
<br /> �d� V11i�h r�spe�t to all or any part of the Personal Pr�p�rty, Lender sha�l ha�e all �he rights and remedies
<br /> o�a secured party under th� Nebraska Unif�rm Commercial Code.
<br /> Fvreclosure by Puwer of 5ale. l�Lender elects to fo�e��ose by exer�ise of the Po�rver of 5ale herein contained,
<br /> Lender sha11 nvtify Trustee and shall depvsit with Trustee this Deed of Trust and the Credit Agr�ement and
<br /> su�h receipts and e�idence❑f expend�tures made and secured by this Deed of Trust as Trustee may r�quire.
<br /> �ay Upon receip��f such notice fram Lender, Truste� shal� caus�to b� recarded, published and deli�ered
<br /> �o Trustor such Natice vf ❑efault and Notice �f Sale as th�n required by �aw and by this Deed ❑f Trust.
<br /> Trustee shall, withaut demand on Trustor, after such time as may then be required by ia►n► and after
<br /> recordation o�such Na#ice ❑� Defauf� and a#t�r Nvtice of Sale ha�ing been gi�en as required i�y law, sell
<br /> the Property at the t�m� and place a# sale fixed by i� in such Nofii�� vf Sale, eith�r as a whole, �r in
<br /> separa�e tats ar parc�fs ar items as Trustee shall deem expedient, and in such�rder as it may d��ermine,
<br /> at public auctian t❑ the highes� bidder�or cash in �awful m�ney of the United Sta�es payable afi�he tEme
<br /> of sale. Trust�e shall deli�er ta such purchaser �r purchasers thereaf its gv�d and sufficient deed ❑r
<br /> deeds con�eying the property sa sald, bu�C v►rith�ut any �a�enant or warranty, express �r �mplied. The
<br /> recita�s in su�h deed a� any rr�atters or facts snaf� be conc�usive proo� vf th� truthfulness thereaf. Any
<br /> persan, inc�uding withaut�imitation Trustor, Trus�ee, ar Lender, may purchase at such sale.
<br /> {b} As may �e perm�tt�d �y law, after deducting a[I costs, fees and expenses a� Trustee and o� this
<br /> Trust, including casts of evidence of ti�le in connection w�th sa�e, Trustee shall apply the pro�eeds of sale
<br /> to paym�nt af �i� all sums expended under th� terms af t�is ❑eed of Trust or under the �erms of th�
<br /> �redit Agreement not then r�paid, inciuding but not limited to accru�d interest and late charges, {ii� all
<br /> oth�r sums then se�ured here�y, and ��ii} the r�main�er, if any, ta the person or p�rsons �egally entitled
<br /> thereto.
<br /> �c� Trustee may in�he mann�r pro�ided by law postpone sale of all ❑r any portivn of the Property.
<br /> Remedi�s Nvt Exc�usi�e. Trustee and Lender, and ea�h af them, shall �e ent�t[�d ta enfar�e paymen� and
<br /> per�a�mance of any inde�tedness or obligat��ns secur�d by this Deed o�Trust and�v exercise all rights and pawers
<br /> under this Deed �� Trust, under the Credit Agreerr�ent, under any �� the R�lated ���uments, ar ur�der any other
<br /> agreemen� �r any laws naw vr hereaft�r in �orce; nvtwithstanding, some or all af such indek�tedn�ss and
<br /> obligations secured by this Deed v#Trust may now or hereaf#er be othervuise s�cured, whe�her by martgage, d��d
<br /> of trust, pledge, �ien, assignm�nt or otherv►rise. Nei#her the acceptance of this Deed vf Trust nor its enfvrcement,
<br /> whet�er by court aGtivn or pursuant to the power of safe or other pvwers �antained in this ❑eed of Trust, sha�l
<br /> prejudice or in any manner affec�Trustee's vr Lender's right to realize upan or en�orce any other security now or
<br /> hereafte� he�d by Trustee or L�nder, i�h�ing agre�d that T�-ustee and Lender, and each o�them, shall b��ntitled �o
<br /> enforce this De�d ot Trust and any v�her securi�ty now vr hereafter held by Lender o� Trustee in such order and
<br /> manner as they or e�ther o�r them may in their absvlute discr�tion �etermine. N❑ r�medy conf�rred upvn or
<br /> reser�ed ta Trus�ee or Lender, is int�nded to be ex�lusiUe of any other remedy in this ❑eed o� Trust �r by law
<br /> prQ�ided ar permitt�d, but ea�h shall be �umulati�e and shall be in addi�tion to e�ery �ther remedy gi�en in this
<br /> Deed of Trus� or naw or here�fter existin� at law vr in e�uity or by statute. E�ery power�r remedy gi�en by the
<br /> Credit Agreement or any of the Relat�d Da�uments tv Trustee or Lender or to which either of them may be
<br /> fl�therwis� entitled, may be exercis�d, concurrently or independently, fram time t❑ time and as a�ten as may be
<br /> deemed �xpedient by Trustee or Lender, and either ❑f them may pursu� incansistent remedies. Nothing in this
<br /> Deed of Trus�t shall be cons�rued as prohibiting Lender fram seek�ng a defi�iency judgment against the Trustar to
<br /> the extent such action is permitted by law.
<br /> Ele�tivn of R�medEes. AIC Qf Lender's righ�s and rem�dies wifl he cumulafii�e and may be �xercised alane or
<br /> tvgether. If Lender decides to spend m�n�y vr to p�rfo�m any of Trustor`s obligatians under �his D�ed of Trust,
<br /> after Trustor's failure ta do s�, �hat decision k�y Lender will not affect Lender's right tv decfare Trust�r in default
<br /> and to exercise Lender's remedies.
<br /> Request�or Notic�. Trustor, vn behalf o�Trustar and Lender, hereby requests that a capy vfi any Notice a� ❑efaul�
<br /> and a �opy of any Nv�ice af Safe under this Deed o#Trust be mailed tv them a�the addresses set farth in#he first
<br /> paragraph vf this Deed of Trust.
<br /> Attorneys' Fees: Expenses. If Lender institutes any suit ar action tQ enfiarGe any of the �erms ❑� this Deed af
<br /> Trust, Lend�r shall be entitled to reco�er such sum as the Gvu�t may adjudge reasvnable as at#orneys" fees a�trial
<br /> and upon any app�ai. VIlhether or not any court activn �s in�ol�ed, and to the extent not prvhibited by law, all
<br /> r�asonable expenses Lender in�urs that in Lender's apinian are necessary at any time for the pr�teGti�n �f its
<br /> interest or the enforcement of i�s rights shall b�come a part a�the fnde�tedness payabl��n demand and shal� bear
<br /> interest at the Credi# Agreement ra�e �rom the date o� �h� expenditur� until repaid. Expenses �a�ered by �h�s
<br /> paragraph inciude, v+rithout �imitation, hawe�er subje�t to any limits under applicabie law, Lender's attorneys' fees
<br /> and Lender's legal exp�nses, whether or not �there is a lawsui�, including atto�neys' fe�s and expenses for
<br /> �ankruptcy proceedings ��ncfuding e�forts �o mvdify or �acate any au#omati� stay ar injunct�onf, appea�s, and any
<br /> anticipated pvst-judgment collection ser�ices, the cos�t vf searching re��rds, obtaining �itfe reparts �including
<br /> �Fareclosure r�portsy, sur�eyars' reports, and appraisal fees, �itie insurance, and f��s fnr�he Trustee, to the �xtent
<br /> permitted by appiicable law. Trustor alsv wil� pay any caurt costs, in additian to ali��her sums pro��ded �y law.
<br /> Rights af Trus�e�. Trustee sha!! ha�� a11 af the rights and duties of Lender as set fvr�h in this section.
<br /> P�1NER5 AND �BLIGATi�NS C�F TRUSTEE. The following pro�isions relating tv the p�wers and ohligations of Trustee
<br /> a�e part af this D�ed of Trust:
<br /> Powers o�Trust�e. In addition to all powers af Trust�e ar�sing as a matter o�law, Trustee shall ha�e the power to
<br /> take the follov►r�ng actions with resp�c�k to the Prvperty upan the wri�ten requ�st o� Lender and Trustar; {a� join in
<br /> preparing and filing a map or plat a� the R�al Property, including the dedicativn af streets ar other rights t� the
<br /> public; �by join in gran�ing any eas�ment or creating any ��stric�ion vn the Real Property; and tcy join in any
<br /> sub�rdinativn or other agreement affecting this Deed o�Trust Qr th� interest�f Lender under this Deed o#Trust.
<br /> Trustee. Trustee shal� meet all qualifications required �ror Trustee under applicable faw. ln addi�ian tv �he rights
<br /> and remedies s�t �arth afao�e, w�th respect t❑ a!I ❑r any par� af the Prvper�y, the T�ustee shall ha�e �the right �v
<br /> forecl�se by no�ice and sale, and Lender will ha�e the right tv �oreclose by judicial '�oreclvsure, in ei�her case in
<br /> a���rdance with and to the full exten'� prv�ided by applicable law.
<br /> Successar Trustee. Lender, at Lender's option, may �rvm�ime t�time app�int a successar Trustee to any Trustee
<br /> appointed under this D��d ❑f Trust by an ins�rument executed and acknowledged by L�nder and recorded in the
<br /> nffice of the r�carder of HALL County, State of Nebraska. The ins�rument sha1� contain, in additian to all other
<br /> ma�tters required by state law, the names ❑f the original Lender, Trust�e, and Trustor, the ���k and page �or
<br /> compu�er system reference} where �his Deed �f Trust is re�orded, and the name and address ❑f the su��essor
<br /> trustee, and the instrument shall he executed and a�know[edged f�y af�the benefi�iaries under�his Deed❑�f Trust or
<br /> their succ�ssors in in�eres�t. The successor trustee, without conveyan�e of the Property. shall succeed to a�l #he
<br /> ti#le, p�wer, and duties canf�rred upon the Trustee in this ❑eed of Trust and by applicaC�le law. This prvicedure far
<br /> suhstitutivn��Trus�ee shall go�ern to the exclusivn vf all ather pro�isions fvr substitution.
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