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2� 15�7983
<br /> DEED �F TRLJST
<br /> ���11t��7 ued j Page 5
<br /> enfar�e any of the c��enants hereaf; and
<br /> {c� De�iver to Trustee a written d�claration at de�ac�l�and demar�d �For sale and a written r��t�ce a�de�ault
<br /> and �1e�tion to cause Trustar's interest in the Praperty to b� sold, which noti�e Trustee shall cause to be
<br /> duiy filed for record in th� apprvpriate�ffices o#th� �vunty in which the Property is la�afied; and
<br /> {dj litlith respect to all or any par�of the Persanal Property, Lender sha}! ha�e ad� the rights and remedies
<br /> o#a secured party under the Nebraska Uniform C�mmercial �ode.
<br /> Foreclvsure by Pawer vf Sale. l�Lender��ects to fareciose hy ex�rcise of the Pvwer of Sa�e herein contained,
<br /> �ender shall notify Trustee and shali dep�sit vvit� Trus�ee �his Deed of T�ust and th� Credit Agre�ment and
<br /> such re��ipts and e�idence of expenditures made and s�cured by this ❑eed afi Trust as Trus�ee may require.
<br /> �a� �pon rece�p�o�su�h notice from Lender, Trustee shall cause to be recorded, pu�l�shed and deli�er�d
<br /> to Trustor such Notice �� Default and Nntice o� Safe as then required by law and by this ��ed of Trust.
<br /> Truste� shall, without demand on Trustor, a�te� such time as may th�n be required by law and after
<br /> recorda�ion of such Nvtice vf 1�efaul� and afiter Notice of Sale ha�ing been gi��n as required I�y law, sell
<br /> the Praperty at the time and pla�e ❑�f sale �ixed by it �n such Noti�e ofi 5a�e, either as a whvle, or in
<br /> separate Iots or parcels or items as Trustee shafl deem�xpedienfi, and in su�h❑rder as i�may determine,
<br /> at public auctian �o the highest bidder fo� cash in lawful money o�the United Sta�es payahl� at the time
<br /> af sale. Trustee shall d�li�er ta such purchaser or purGhasers thereof its good and sufficient deed or
<br /> deeds can�eying the property so sa(d, �ut wi�hout any ca�enant ar warran�y, express or implied. The
<br /> reGi�als in such d�ed of any matters or fac�s shall he con�lus��e praof v� the truthfulness there��. Any
<br /> person, includin� w�thaut l�mi�atian Trustor, Trust�e, nr Lend�r, may purchase at su�h sale.
<br /> �b� As may �e permitted by law, after deducting all �asts, fees and expenses of Trustee and of this
<br /> Trusfi, in�ludin� costs of e�iden�e o�title in c�nnection w�th sale, Trustee shall app�y the praceeds af sale
<br /> to payment o� �i� a�f sums expend�d under the terms ❑f this Qeed of Trust or under �he terms o� the
<br /> Credit Agreement not then repaid, in�luding but nvt fimited tv accrued interest and �at� charges, {ii} a1i
<br /> ather sums then s�cured hereby, and �iiiy the remaind�r, i� any, to �h� persan �� persons legally en#itled
<br /> there�o.
<br /> �c} Trustee may in the manner provided by law postpone sale❑f all or any portion of the Property.
<br /> Remedies IVvt Exclusi�e. Trust�� and Lender, and each o# them, shall �e �ntEtled to enforce payment and
<br /> per�rormance of any indebtedness or obligativns secured by this Deed of Trust and to ex�rcEse all rights and pvwers
<br /> under th�s De�� ot Trust, und�r the Cr�dit Agreement, under any of the Related Documents, or under any other
<br /> agreement or any la►nrs now or hereafter in farce; natwiths�anding, same or atl of suCh indebtedness and
<br /> ob�igations secured by this Deed a#Trust may now or hereafter be otherwis� secured, whether by mor�gage, deed
<br /> ❑f trus�, p�edge, lien, assignmen� or otherwise. Neither the acc�ptance of this Deed of Trust nar its enf�rcement,
<br /> wheth�r by court actian or pursuant to the powe� o� sale or other powers cantained in this Deed ❑f Trust, sha[�
<br /> prejudice or in any manner affect Trustee's or Lender`s right tv realize upan ar en#o��e any o�her securi�y now ar
<br /> hereafter held by Trustee or Lend�r, it being a�reed�hat Trustee and Lender, and ea�h of them, shaf! b� entitled to
<br /> �n�or�� �h�s De�d ot Trust and any atn�r securi�y nov� Qr hereafter he�d by Lender or Trustee in such ❑rde� and
<br /> manner as th�y ar either of them may in th�ir absolute dis�re�ion det�rmine. Nv rsmedy conferred upon or
<br /> res�r�ed �o Trustee or Lender, is intended to be ex�lusi�e o� any other r�medy in this Deed af T�ust or by law
<br /> pro�ided or permitted, but each shal� be cumulat�ve and shall be in addi�ion to e�ery ather remedy gi�sn in this
<br /> Deed of Trust ar naw or he�eafter existing at iaw or in equEty or by statute. E�ery power or remedy gi�en by the
<br /> Credit Agreement or any of th� Refa��d Documen�s �tv Trustee or Lender or to which either of them may be
<br /> otherwise entitled, may be exercised, �oncurrently or �ndepend�ntly, fram time to �time and as often as may be
<br /> deemed expedient by T�ustee ar �.ena�r, and e�ther of them may pursue inconsistent remedies. Nnthing �n th�s
<br /> ❑eed of Trust shall he c�nstrued as prohibiting Lender from see�ing a deficiency judgm�nt against fihe Trus�or ta
<br /> the extent su�h act��n is permitted by law.
<br /> Electi�n of Remedies� All vt Lend�r`s rights and �emedres vvill be cumulati�e and ma� �e exercised alar�e vr
<br /> �agether. lf Lender decides to spend money ❑r to perform any o�Trustor's a�ligations under this ❑eed of Trust,
<br /> a#ter Trustar's failure to do so, that decisian by L�nder wi�l nat afifiect Lender's right to declare Trust�r in default
<br /> and to ex�r�ise Lender's remedies.
<br /> R�quest�or Na�ice. Trus�or, on behalf of Trusfio� and Lender, hereby reques�s that a copy❑f any Na�ice o#Defau�t
<br /> and a �opy of any Natice af Sale under thi� Deed ofi Trust be mailed to them at the addresses s�t for�h in the first
<br /> paragraph of this Deed of Trus�k.
<br /> Attv��eys' Fees; Expenses. If Lender institutes any suit or acti�n ta enfor�e any vf the terms a� this �ee� of
<br /> Trust, Lender shall be enfiitl�d tv reco�er such sum as the cvurt may adjudg� reasvnable as a�tarn�ys' �ees at trial
<br /> and upon any appeal. Whether or not any �our�t action is in��l�ed, and to the extent not pr�hibited by 1aw, all
<br /> reasonable expenses Lender in�urs �hat in Lend�r's vpinion are necessary at any time �or the protecti�n ofi i#s
<br /> interest or�h� enf�rcemen�vf its rights shall be�ome a part of the Ind�b�edness paya�fe Qn demand and shafl bea�
<br /> interest a� �he Credit Agreement rate from �he date af the expenditure until r�paid. Expenses co�ered by this
<br /> paragraph inctude, withaut iimitation, ha►r�e�er subje�� to any limits under app�icab�e �avv, Lender's attorneys' �fees
<br /> and Lender`s legal expenses, whether vr nvt there is a lawsuit, including attvrneys` fees and exp�ns�s fvr
<br /> bankruptcy proceedings �including e�r�orts tv modify or �acate any aufivmatic stay or in�unction}, appeals, and any
<br /> anti�ipated past-judgment callec�ion ser�ices, #he �as# vf searching re�ords, abtaining title reports {in�luding
<br /> fare�losure reportsy, sur�eyors' reports, and appraisal fees, title insurance, and fiees far the Trustee, #a �he extent
<br /> permitted hy applicabl� lav�►. Trustor alsv will pay any cour#costs, in addition to a11❑ther sums prv�ided by 1aw.
<br /> Rights o#Trus�ee, Trustee sha�l ha�e al�o�th� rights and duties❑f Lender as set forth in this sectivn,
<br /> P[�WERS AND �BLlGATI�NS �F TRUSTEE. The following pro�isivns rela�ing t❑the powers and obligativns v#Trustes
<br /> are par�of this Deed af Trust:
<br /> Pawers�f Trustee. In additian t❑ all pawers�f Trustee arising as a matter of�a►nr, Trust�� shatl ha�e the power tfl
<br /> take the foll�w�ng act�Qns with respect t� the Pr�perty upon the wr�tten request❑f Lender and Trustor: {ay �oin in
<br /> preparing and filing a map or p�at o� the Reaf Praper�y, inc�uding the dedicatian �f streets ❑r other rights ta the
<br /> publi�; 4b� join in granting any easemen� or �reating any res�ri�tivn on the Real Prvp�rty; and �c} join in any
<br /> subordination�r other a�reement a�f�cting this ❑�ed vf Trust vr the inter�st o� Lender under this Deed❑f Trust.
<br /> Trus�es. Trust�e shall meet all qualificativns required for Trus�ee under applicab�e law. In addition �o �he �ights
<br /> and remedies set #�rth ab��e, wi�h r�spect t❑ all or any part af the Property, the Trustee shalf ha�e the right tv
<br /> farec�ose by notice and sa1e, and Lend�r wi�! ha�� the right ta fare�lvse by �udi�ial �Foreclasure, in either case in
<br /> accordance w�th and to�he full ex�ent provided by applicable law.
<br /> Successar Trustee. Lend�r, at Lend�r's vption, may fram�ime to time appoint a successar Trustee tv any Trust�e
<br /> appainted under this Deed v# Trust by an instrument executed and a�knowl�dged by Lender and reco�ded in th�
<br /> ❑ffice �f the recard�r af HALL Cvunty, State of Nebraska, The ins#rum�nt sha11 cantain, in additian to all other
<br /> ma�ters required by state faw, the names �f the vriginal Lender, Trustee, and Trus�or, the �vok and page �or
<br /> comput�r sysf�m reference� wF�ere this ❑eed af Trust is recarded, and the name and address o# the successor
<br /> trustee, and the instrument shall b�executed and a�knowl�dged by all the beneficiaries under this Deed of Trust ar
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