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2� 15�8424
<br /> DEED �F TRUST
<br /> �Cvntirlued� Page 5
<br /> and �lectian t❑ �ause Trustor's inter�st in the Properfiy to be sold, which notice Truste� shaii cause�a be
<br /> duly filed for recard in�he appropriate o#�ices ❑f the County.in which the Property is locat�d; and
<br /> �d} With respec�to all or any part o#the Personal Property, Lender shall ha�e all the rights and remedies
<br /> o�a secured party under the Nebraska �nifvrm Cammer�ial Cvde.
<br /> Fvre�losure by Power nf Sale. l�r L�nder ele��ts to�Forecl�s� by exercise of the Pawer of 5ale herein contained,
<br /> Lender shali natify Trus�ee and shall depvsit with Trustee this Deed o� Trust and the Credit Agreement and
<br /> such receipts and e�id�nce af expendi�ures made and secured hy this ❑eed v�Trust as Trustee may require.
<br /> ta} Upan receipt vf such notice from Lender, Trust�e shall caus�tv be re�orded, pu�lished and delivered
<br /> to Trustor such Nati�e of D�fiault and Notice of 5ale as then required by law and �y th�s Deed o�Trust.
<br /> Trustee shall, withaut demand on Trustor, after such time as may then he requ�red by law and af�er
<br /> recvrdatian af such Notic� af �e�ault and after Natice of 5ale ha�ing been given as required by law, sell
<br /> the Pr�perty at the time and pfaG� af sale fixed �y i� in su�h Natice of Sale, ei�her as a whole, or in
<br /> �eparate Iots ar parceEs�r items as Trustee shall deem expedient, and in su�h order as i�may determine,
<br /> at puhl�c auction �� �the highest bidder for cash in lawful mvney v�the United States payable at th�time
<br /> of sale. Trustee shall deli�er to such purchaser or pur�hasers thereo� its good and sufficien� deed �r
<br /> deeds con�eying the p�oper�y so sald, bu� without any ���enant �r warrantyr �X�]I"�55 �I' implied. The
<br /> recitals in such deed o� any ma��ers or facts shal! b� �anc�usi�e pr�of of th� �ru�hfulness thereof. Any
<br /> persan, including trvithout limi�atian Trus�ar, Trusfiee, or Lender, may purchase at such sa�e.
<br /> �b} As may be permi�ted by law, atter deducting all C45�5, fees and expenses of Trustee and o�f �his
<br /> Trust, including �asts of e�iden�e❑#tit�e in cvnne�tian with sale, Trustee shall apply the pr�ce�ds of saie
<br /> �o payment of �i} all sums expended under the terms of this De�d af Trust vr under the t�rms of the
<br /> Cred�t Agreement not then repaid, including but not limited to acc�ued interest and la�e �harges, �i�} al�
<br /> other sums then secured hereby, and �iii� the ��mainder, if any, �o th� person or persons {egally entitled
<br /> thereto.
<br /> ��� Trustee may in the manner pro�ided by Law postp�ne sale of all ar any partion of the Property.
<br /> R�medies Not Exclusive. Trustee and Lender, and each af them, shall b� �ntitled to enforce payment and
<br /> performance of any indebtedness or obligations s�cured by this ❑eed of Trus�and�o exer�ise a{i rights and powers
<br /> under this Deed of Trust, under the Cr�d�t Agr�em�nt, under any of the Related Documents, �r under any other
<br /> agreement ar any laws n�w or h�rea�t�r in fvr�e; natwithstanding, same or all �f such ind�btedness and
<br /> o�figations secured by this Deed af Trust may now or hereaf�er be otherwise secured, vuhether by m�rtgage, d��d
<br /> af trust, pledge, 1ien, assignment or ath�rwise. Neither the acc�ptance af this Qeed of Trust nor its en�or�ement,
<br /> whether by �vurt actf�n or pursuant to the power �f sale ❑r other powers contained �n this ❑eed of Trust, shall
<br /> p�ejudice vr in any manner a��ect Trustee's or Lender's righ# tv reaEize upan ar enfor�e any other security now or
<br /> herea�t�r h�ld by Truste� or Lender, it being agreed that Trust�� and L�nder, and each af them, shall be entit�ed �a
<br /> enforce this Deed o� Trus�t and any ather se�urity now ❑r hereaf�ter heid �y Lender ❑r Trust�e in su�h arder and
<br /> manner as they ar either of them may in their a�salute d�s�retian defiermine. Nv remedy conferred upon ❑r
<br /> reser�ed t❑ Trustee or Lender, is intended to be ex�lusi�e of any other �emedy in this ❑�ed af Trust or by law
<br /> pro�ided vr permit�ed, but each shall be cumulati�� and shail be in addition to ��ery other �emedy gi�en in this
<br /> Deed af Trust or naw �r hereafter existing at law ar in �qulty or by statute. E��ry pvvver ar remedy gi�en by the
<br /> Cr�dit Agreement or any of the Rela�t�d Dacuments to Trustee or Lender or tv which �ither of them may �e
<br /> otherwise entitled, may be exercised, cvncurrently ❑r ind�pendently, from time to time and as atten as may h�
<br /> deemed expedient by Trus�e� or Lender, and eifiher of �hem may pursue incansis�ent remedies. Nothing in this
<br /> Dee�l of Trust shall he construed as pr�hibiting Lender from seeking a deficien�y judgment against the Trustor to
<br /> the ext�nt such act�on is permitted !�y law.
<br /> Election of Remsdiss. A�l of Lend�r's rights and remedies ►nrill be cumu�att�e and may be exsrcised al�ne or
<br /> to�ethe�. �� Lende� dec�des to spend money or ta per�orm any o� �rust�r's ot��igations under this Deed ot Trust,
<br /> aft�r Trustor's failu�e to da sa, that de�ision by Lender will not affe�t Lender's right t❑ decl�re Trustor in default
<br /> and ta exerCise Lender's remedies.
<br /> Request fvr Notice. Trustar, on k�ehalf af Trustor and L�nder, h�r�hy requests that a copy of any Notice of ❑�fault
<br /> and a copy of any No�ice ❑f Sale under th'rs Deed o�Trust h� mai�ed ta th�m at the addresses se�fiorth in the firs#
<br /> paragraph of this Deed of Trus�.
<br /> Attorneys' Fees; Expenses. !f Lender institutes any suit or activn �v enfar�e any of the terms o� this D�ed of
<br /> Trust, Lender sha�l f�e entit�ed t❑ reca�er such sum as the �vurt may ad�udg� reasonable as attorneys' #ees at trial
<br /> and upan any appeal. Whether or not any court action is in�al�ed, and t❑ the extent nat prohibited by law, al�
<br /> reasvnahle expens�s Lender inGurs tha�t in Lender's vpinion are necessary at any time fior the protectian ofi its
<br /> interest❑r the en�rorc�m�n�v�its rights shall be�vme a part af the Indebtedness payable on demand and shall bear
<br /> interest at the C�edit Ag�eement rate frvm the date �f the �xp�nditure until repaid. Expenses ca�ered by this
<br /> paragraph in�lude, without limitativn, hovue�er sub�e�t to any limits under applicab[e law, Lender's a��orneys' fees
<br /> and Lender`5 legal ex�enses, whether or nvt ther� is a lawsuit, in�luding attorneys' fees and expenses far
<br /> bankrup��y proceedings 4in�luding effvr�s to mvdify vr �acat� any autvmatic stay or injun�tiony, appeals, and any
<br /> antiGipated post-judgment callec�ion seru�ces, the cast a# searching recards, ohtaining tit�� r�ports �including
<br /> f�r�cfasure reports}, sur�eyars' reports, and appraisa! fees, ti�le insuran�e, and fees for�he Trus��e, t❑ the extent
<br /> permitted by appficable law, Trustor also wil! pay any court cvsts, in additian to all other sums pr�Wided by law.
<br /> Rights of Trustee. Trustee shaC[ ha�e ali v�the rights and duties�f L�nder as set fvrth in this section.
<br /> PQINERS AND �6LIGATIONS �F TRUSTEE. The following pro�isions relating t❑the powers and ahligativns o�Trustee
<br /> are part�f this Deed o�r Trust:
<br /> Pawers of Trustee. ln add�tivn to all powers af Trust�e ar�sing as a ma�t�r of law, Trustee shall ha�e the powe�ta
<br /> take the fallowing actions with respect�o the Praper�y upon �he written request of Lender and Trustor: {a� ja�n in
<br /> preparing and filing a map or plat of �he Real Prvperty, including the dedicat�an o� streets or a�her rights to the
<br /> public; �b} j�in in granting any easement vr creating any restrictian on the Rea! Prape�ty; and �c} join in any
<br /> subordination vr other agreemen�affecting this D��d Qf Trust ar the inte�esfi of Lender under this ❑eed of Trust.
<br /> Trustee. Trustee shall mee� all qualifications requir�d for Trustee under appliGable �aw. In addition to the rights
<br /> and remedies set forth abo�e, with resp��t tv a�� ar any par� �f the Property, the Trustee shali ha�e the right to
<br /> fvrec�ose by notice and sale, and L�nd�r w�ff ha�e the right to foreclose by judicial fareclosure, in either case in
<br /> acc�rdance with and t�th��ulE extent pr��ided by applicable law,
<br /> Success�r Trustee. Lend�r, at Lend�r's ❑ption, may from time t❑time appoint a su�cessor Trustee tv any Trustee
<br /> appointed under this Deed o� Trust by an instrument executed and ackn�wledged by Lender and recv�ded in the
<br /> ��ffice of the recorder a� HALL �ounty, S�a�e af Nebraska. The instrum�nt shall contain, in additivn to all o�her
<br /> matters requir�d by state law, the names ❑f the arig�na� Lender, Trustee, and Trustar, the bvvk and page �or
<br /> camputer system reference} where this Deed of Trust is recorded, and the name and address of the successor
<br /> trust��, and the ins�rument shall be exe�uted and ackn�uviedged hy all the beneficiaries under this ❑eed af Trust or
<br /> �h�ir suc�essars in in�terest. The succ�ssar trustee, withaut con�eyanGe of the Property, shall succeed to all fih�
<br /> �it�e, pawer, and duties canferred upon the Trustee in this Deed of Trust and by applicable law. This prvicedure far
<br /> su�stitutivn��Trustee sha�i�o�ern to the exclusion vf al1 ather pra�isians for substitutivn.
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